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1993-10-04 Regular Meeting ~ M~NUTES' OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 735 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 4, 1993, at 6:30 P.M. in the First Floor Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. . Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen 0' Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Wayne Barkley, Pastor of the New Life Church Assembly of God, gave the invocation. Commissioner Sisson led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer inquired as to whether anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. The following items and comments were presented: . Introduction of Veterans Services Officer Mr. Harold Davis, Chairman of the New Hanover County Veterans Council, introduced the new County Veterans Services Officer, Mr. Bob Angeli. Mr. Angeli expressed appreciation to the'Board for funding his position and reported many County Veterans have already received services. The Commissioners were invited to visit the office located at 721 Market Street. Chairman Greer welcomed Mr. Angeli to New Hanover County. . Discussion of Decision to Join the Global TransPark Development Zone Mr. Dick Carter expressed concern for the enormous loss of money to New Hanover County if the Commissioners decide to join the Global TransPark Development Zone. Figures were presented on the community multiplier factor which literally means New Hanover County will experience-a revenue loss of $5 million on the $2.5 million forwarded out of New Hanover County, with a factor of 2-3. This figure could increase to $7.5 million if transportation and shipping are included in the multiplier factor. Stat~ments and figures were quoted from a regional multiplier publication and from the book entitled, "Macro-economics", as to the effect of one person's spending becoming someone els~'a income and some of the second person's income being spertt to become the fhcome of the third person with this interchange constantly occurring. The Commissioners were requested to reconsider their decision and vote against joining the Global TransPark which will send a vast sum of money out of New Hanover County. Mr. Robert Kendrick requested the Commissioners to reconsider the vote on the Global TransPark until fqrther study of this issue. Concern was expressed for taxpayers money leaving New Hanover County to construct a facility in Kinston, North Carolina, when local funds are needed, to complete, th~ County-wide Sewer System, which is badly needed in the northern part o~.~he County. "t. ~ Chairman Greer reported the funds forwarded to Global TransPark will not be used to construct the runways or the cargo facility in Kinston. ~ /- ( ~INUT~S OF REGULAR MEETING, OCTOBER 4, 1993 PAG"E 7'3~ Ms. Louise McColl, a member of the N. C. Economic Board, reported no members serving on the N. C. Economic Board receive pay. They are volunteer members. As a citizen born and raised in New Hanover County and as a believer in the state of North Carolina, she urges the Commissioners to stand by their decision to join the Global TransPark Development Zone. This is a vision and the County should be at the drawing board when this project becomes a reality, which will bring money to Southeastern North Carolina. Focus should be placed on economic growth and the jobs that will be created for the entire area. Discussion of Consent Agenda Item #3, Award of Bid for Two Roll Off Trucks - New Hanover County Landfill Mr. Tommy Gore, representing Triple T Parts & Equipment Company, reported on August 17, 1993, a bid was submitted for two roll off trucks to be used at the Landfill. Triple T was the only bidder present and had complied to the specifications listed in the bid proposal. The Finance Department had been notified that Triple T would bid only the cab and chassis, not the hoist, and the company was informed that this would be acceptable because other bidders were submitting bids without including the hoist. When attending the bid opening, only one bid was submitted and Triple T was told the bid could be accepted because bid packages had been forwarded to three other companies. After opening the bid, Triple T was informed the bid could not be accepted because the bid bond was insufficient. Mr. Gore reported the bid bond was sufficient and presented papers showing that Triple T had submitted a bid for two types of trucks, a Mack truck and a White truck. The White truck, including the performance bond, totaled $62,313.00. The bid bond was $6,354.00 and was based on the Mack truck which was $63,005.47. In the bid proposal, the bid bond was to be 5% of the proposal. The Triple T proposal provided for the cab and chassis to be delivered by December 15, 1993. At the bid opening, two other firms were expected to be present, but did not show; therefore, the Finance Department decided to check into this matter and re-bid the project. At the second bid opening on September 21, 1993, the Triple T bid was $4,500 less than a firm in Rocky Mount, which is being recommended for the bid award by the Finance Department due to an earlier delivery date. It if felt this firm cannot deliver the trucks until the last of January with 30-60 days needed for installing the body. Due to rebidding the project, the County will now have to wait for the trucks which are desperately needed at the Landfill. Concern was expressed for Triple T not being awarded the bid in August with a December delivery date. Chairman Greer inquired as to whether the bid was opened on August 15, 1993. Mr. Gore reported the bid was opened and presented to the Chairman the letter of notification relative to the insufficient bid bond. Purchasing Agent, Amy Akin, reported the bid bond was not 5% of the proposed bid amount; therefore, under the State bidding law, the bid could not. be accepted. After a phone conversation with Mr. Gore, he understood why the bid was less than 5% and why the bid was being rejected. At this point, he was in agreement with the reason for rejecting the bid. Only one bid was received, which was not of concern to Finance Department because the bid package had been forwarded to several other firms. The receipt of one bid was not the reason for rejecting the Triple T bid. The bid was rejected because of an insufficient bid bond. The Finance Department did check with other firms to see why bids had not been submitted. The response was that not enough time had been allowed to properly respond to the bid proposal. The second bid proposals were sent to the various firms with a two week response time. The I l () () () ~t ~'. ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 737 . Triple T price is less; however, if the Tom Bailey Motors, Inc. bid is awarded, the County will save $7,952 because of the delivery time. Tom Bailey has one truck on site with installation of the hoist. The other truck will be delivered within 40-45 days. Triple T cannot deliver the trucks until April 15, 1994. Also, the state bidding law allows the County to award a project to the lowest responsible bidder considering quality, performance, and the time specified in the bid proposal. It was clearly stated on the first page of the proposal that time was of essence and that the trucks were needed as soon as possible. From a purchasing standpoint, the Tom Bailey Motors, Inc. bid is the lowest responsible bidder because of the delivery date which will save $7,952. Chairman Greer inquired as to whether the bid bond was sufficient? Mr. Gore reported if the figure of the White truck is multiplied by 5%, the bid bond is over the amount required. Also, on the form received, it states that New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be in the best interest of the County. Mr. Gore reported if time was of essence the first bid submitted by Triple T in August should have been awarded. Consensus: After a lengthy discussion on the bid opening, it was the consensus of the Board to defer action on the bid award and discuss this matter at the continued meeting to be held on October 6, 1993, at 7:30 A.M. in the Library of the New Hanover County Health Department. . APPROVAL OF CONSENT AGENDA Chairman Greer reported Consent Agenda Item #3 has been removed for further discussion of the bid award on October 6, 1993. Commissioner Sisson requested that Item #20 be removed from the Consent Agenda for further discussion. Chairman Greer recommended removing Item #12 and item #19. County Manager O'Neal requested removal of Item #7 in order to present a Budget Amendment. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone to remove Items 3, 7, 12, 19, and 20 and tp approve the remaining items on the Consent Agenda. Upon. vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The commissioners approved the minutes of the Regular Meeting of September 20, 1993, as presented by the Clerk to the Board. . Award of Bid and Contract #94-0062 to Beaumont Birch Company for the Purchase of Fly Ash Conveyors - WASTEC The Commissioners adopted a resolution awarding the low bid to Beaumont Birch Company in the amount of ..$53',675 for the purchase of fly ash conveyors for WASTEC. The Chairman was authorized to execute the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. A copy of the contract is on file in the Legal Department. Award of Bid and Contrac~ #94-0059 to B;HA Group, Inc. for the Purchase of Fabric Filter Bags The Commissioners adopted a resolution awarding the low bid to BHA Group, Inc. in the amount' o,f $33,730.56 for the purchase of ::.:~ ~ .MINUTES OF REGULAR MEETING, OCTOBER 4 , 1993 PAGE 738 1,024 fabric filter bags for WASTEC. The Chairman was authorized to purchase the contract documents. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. Authorization to File a Grant Application to the U. S. Army Corps of Engineers for Reimbursement of Mosquito Management Program The Commissioners authorized the Health Department to file a grant application to the U. S. Army Corps of Engineers in the amount of $50,000 for FY 1995 including $6,000 for aerial spraying, if deemed necessary, for reimbursement of mosquito management. o Approval of Issuing a Credit Card for Use by the New Hanover County Inspections Department During a Hurricane Emergency The Commissioners approved the issuance of a credit card for use by the Inspections Department during a hurricane emergency. The issuance of the card will provide a more efficient way to purchase emergency items needed for hurricane preparation. Once the emergency situation has ended, the card can no longer be issued. Adoption of Resolution Authorizing the Finance Director's Designated Representative to Dispose of Surplus Equipment Through a County Auction The Commissioners adopted a resolution authorizing the Finance Director's designated representative to dispose of surplus equipment through a County Auction to be held on Saturday, October 23, 1993, at 10: 00 A. M. at the Property Management Maintenance Facility on Division Drive. A copy of the resolution and list of items to be auctioned are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 21. Adoption of Resolutions Requesting the Addition of Roads to the State Maintained Highway system The Commissioners adopted resolutions requesting the addition of the following roads to the State Maintained Highway System: o Quail Woods Subdivision, Sections 1-8 Elk Run Subdivision Wendover North Subdivision, sections 1-4 Jacob's Run Subdivision, sections 1-2 Beaver Creek Subdivision, sections 1-2 Brittany Woods Subdivision, section 9 Harmony Cover Subdivision Churchill Estates Subdivision, sections 6A, 6B, and 6C Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XXI, Page 21. Approval of 1994 Commissioners The Commissioners approved the 1994 Meetings of the New Hanover^County Board of Schedule of Regular Board Meetings - county Schedule of Regular Commissioners. Approval of Budget Amendment #94-0022 - Housing Rehabilitation Grant - Planning Department The Commissioners approved the following Budget Amendment: () 94-0022 Planning Department/N. C. Housing Rehabilitation Grant Debit Credit Planninq Department N. C. Housing Rehabilitation Grant Transfer in from Fund 800 (Water & Sewer) $90,000 $58,728 l . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 739 Budget Amendment Continued Debit Credit Planninq Department Administration Construction Revolving Loan $ 9,000 $81,000 $58,728 Water & Sewer Appropriated Fund Balance $58,728 Water & Sewer Transfer to General Fund (Planning) $58,728 Purpose: Matching funds for grant received by the Planning Department (application was approved by the Commissioners- on February 15, 1993) to encourage the rehabilitation of housing occupied by low income persons. This match will come from unspent funds in the Plumbing Improvements/Sewer Connection Assistance Program in the amount of $58,728. Report of Budget Amendment 94-0052 for Entry Into the Record - Non- Departmental/outside Agencies - Cultural & Recreational The following Budget Amendment was reported for entry into the record: 94-0052 Non-Departmental/Outside Agencies-Cultural & Recreational Debit Credit Non-Departmental Contingencies $12,500 Outside Aqencies-Cultural & Recreational City of Wilmington $12,500 Purpose: To budget a contribution to WHET, dockage along the Wilmington waterfront as Commissioners on September 7, 1993. Inc. for expanded approved by the Approval of Budget Amendment #94-0057 - Aging/Nutrition Congregate The Commissioners approved the following Budget Amendment: 94-0057 Aging/Nutrition Congregate Debit Credit Aginq/Nutrition Conqreqate Catering Income $3,000 Catering $3,000 Purpose: To budget revenue and 'expenditures for Senior Center catering events, such as dances and meal functions. Approval of Budget Amendment #94-0058 Community Based Alternatives Agencies The Commissioners approved the following Budget Amendment: 94-0058 Community Based Alternatives Agencies Community Based Alternatives Aqencies( CBA Grants Debit Credit $11,198 Coastal Horizons Center (formerly named Cape Fear Substance Abuse Center) Purpose: To budget additional CBA grant funds for Coastal Horizons Center approved by the Human Services Allocation Advisory Committee on September 14, 1993. No additional County funds are required. $11,198 Approval of Budget Amendment #94-0059 - Health Department The Commissioners, approved' the following Budget Amendment: ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 740 94-0059 Health Department/Personal Health Debit Credit Health Department/Personal Health Adult Health state Grant $9,783 Salaries & Wages Departmental Supplies $7,783 $2,000 Purpose: To budget additional State grant revenues to provide temporary salaries and supplies in the clinic, which has an on- going need for clerical assistance. No County funds are required. () Report of Budget Amendment #94-0063 for Entry Into the Record - Parks The following Budget Amendment was reported for entry into the record: 94-0063 Parks Debit Credit Parks Beach Access Grant - Summer Rest Trail $4,504 Parks Other Improvements $4,504 Purpose: To budget a grant award from the N. C. Department of Environment, Health & Natural Resources for Summer Rest Trail. The grant was accepted by the Commissioners on March 8, 1993. Acceptance of Arts Council Grassroots Grant for the Cape Fear Museum and Approval of Budget Amendment #94-0053 The Commissioners approved the following Budget Amendment and accepted a Grassroots grant from the Arts Council for the Museum. The funds are to be used to support programs related to the Museum's Live Performance Series. The required match is currently in the Museum's operating budget. The County Manager was authorized to execute the necessary documents. () 94-0053 Museum Debit Credit Museum Arts Council Grant $500 Museum Contracted Services $500 Acceptance of Grant Award from the North Carolina Land Records Management Program and Approval of Budget Amendment #94-0066 County Manager O'Neal reported a Budget Amendment was not presented with this item and requested approval of the grant award and accompanying Budget Amendment. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to accept the grant award in the amount of $2,500 from the N. C. Land Records Management Program for use by the Land Records Section in the Tax Department for the Management and Planning System (MAPS) and to approve the following Budget Amendment. The Chairman was authorized to execute the necessary documents. 94-0066 Planning Department () Debit Credit Planninq Department Land Records Management Grant $2,500 Contracted Services $2,500 Approval of Budget Amendment #94-0033 - Public Schools Chairman Greer requested an explanation of how the proposed funds are to be spent by the schools. l . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 741 County Manager O'Neal reported the funds will used to purchase the necessary fire alarms, safety devices, and hardware for New Hanover County schools. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to approve the following Budget Amendment: 94-0033 - Public Schools Debit Credit Public Schools Public School Building Capital Fund $603,750 Public Schools contribution to Schools $603,750 Purpose: To budget money requested by the Schools from the Public School Building Capital Fund. No funds were budgeted previously until a qualifying project was identified. Approval of Funding Request Submitted by the New Hanover County Commission for Women Chairman Greer inquired as to why these funds cannot be removed from the Health Department FY 1993-94 Budget? County Manager O'Neal reported the Budget Director can make the line item transfer. Ms. Jeanne Ray, President of the New Hanover Commission for Women, reported each year the Commission sponsors a particular project for matters of concern to women. This year, the Commission, YWCA and other organizations are sponsoring a public forum to better educate women on breast cancer and funds are needed in the amount of $1,000 to hold the event. In the past, these annual projects have been funded by the County. County Manager O'Neal reported the New Hanover Commission for Women did not submit a Budget Request in time to be included in the budgetary process; therefore, the funds will be allocated from contingencies. Chairman Greer requested the Commission for Women to present future budget requests during the budget process in order for the Board to properly consider this request with other budget requests from various agencies. ' ' County Manager O'Neal reported he will work with the Commission in being sure the budget request is submitted in a timely fashion for FY 1994-95. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve funding in the amount of $1,000 to the New Hanover Commission for Women to assist with sponsoring a public form on breast cancer awareness and to approve the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 93-0065 Non-Departmental/Outside Age~cies/Human Services Debit Credit Non-Departmental Contingencies $1,000 Outside Aqencies/Human Services New Hanover Commission for Women $1,000 Purpose: To budget a contribution to the New Hanover Commission for Women to help with the cost of the October public forum on breast cancer awareness. ~ (- ~INUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 742 REJECTION OF AMENDED RESOLUTION FOR NEW HANOVER COUNTY TO JOIN THE GLOBAL TRANSPARK DEVELOPMENT ZONE Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to ratify the amended resolution for New Hanover County to join the Global TransPark Development Zone. The floor was opened for discussion. County Attorney Copley requested the Board to decide whether to adopt the model resolution or the amended resolution with the motion certified as of September 23, 1993, Public Hearing date. () Amended Motion: Commissioner Barone MOVED, SECONDED by Chairman Greer to ratify and adopt the amended resolution as per the action taken on September 23, 1993, which states that New Hanover County will join the Global TransPark Development Zone for one year. The floor was opened for discussion. commissioner Sisson commented on the remarks received about the loss of revenue to New Hanover and requested additional time to study this concept before joining the Global TransPark. Substitute Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to suspend the Board's Rules of Procedures as listed under Rule 18, Paragraph 10 in order to reconsider the action taken on September 23, 1993. The floor was opened for discussion. commissioner Barone requested an explanation of the motion. After further discussion about the substitute motion on the floor, County Attorney Copley reported in order for the Board to reconsider a motion, the motion must be made at the same meeting where the action occurred; therefore, in order for Vice-Chairman Mathews to make a motion to rescind this action, the Rules of Procedures must be suspended by the Board as requested in the substitute motion now on the floor. () Upon vote, the SUBSTITUTE MOTION TO SUSPEND THE RULES OF PROCEDURE WAS UNANIMOUSLY APPROVED. Motion: Vice-Chairman Mathews MOVED for New Hanover County to consider joining the Global TransPark Development Zone in one year and direct the County Manager to place this item on the agenda for the first meeting in October 1994 for consideration of whether New Hanover County should participate in the Global TransPark at that time. The MOTION WAS SECONDED by Commissioner sisson. The floor was opened for discussion. commissioner Barone reported if New Hanover County decides to ]Oln the Global TransPark Development Zone next year, enabling legislation will have to be obtained from the North Carolina General Assembly. Vice-Chairman Mathews reported when he voted for the motion to join the Global TransPark Development Zone for one year, it was his understanding that all monies contributed by New Hanover County from the $5 fee would be reimbursed if the County discontinued its membership in one year. Now, he has been informed if the County opts out at the end of the year, the funds will not returned. Chairman Greer expressed concern for the Board voting on an issue and then reversing the decision. () Vice-Chairman Mathews reported after serving on the Board for more than four years, he has never changed his mind on a vote; however, after understanding the money will not be returned, he cannot support the original vote. . . . : ' ~ . , MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 743 Chairman Greer called for a vote on the MOTION to delay joining the Global TransPark Development Zone for one year. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews voting Nay: Commissioner Barone Chairman Greer County reconsider considered convene in Manager O'Neal reported if the Board desires to joining next year, a local enabling bill should be in the Short Session of the General Assembly, which will May, 1994. Chairman Greer reported since the Board voted to reconsider this item within a year, the enabling legislation should not be requested until after October, 1994. County Manager O'Neal reported if the Board waits to reconsider this matter in October, 1994, the enabling legislation will have to be requested in the 1995 Long Session of the General Assembly which will delay the County from joining the Global TransPark until 1995. POSTPONEMENT OF REGULAR AGENDA ITEM 36, INTRODUCTION OF NEW PARKS DIRECTOR County Manager O'Neal reported Mr. Lewis was not able to attend the meeting; therefore, this item will be postponed until October 18, 1993. ADOPTION OF RESOLUTION APPROVING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY FOR EFSON, INC. IN THE AGGREGATE PRINCIPAL AMOUNT OF $3', SQO, 000 Mr. Fred Davenport, represen~i,ng the Industrial Facilities and Pollution Control Financing Au:t;h6rity requested adoption of a resolution authorizing the issuance of $3,500,000 Industrial Development Revenue Bonds for Efson, Inc. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a resolution authorizing the New Hanover County Industrial Facilities and Pollution Control Financing Authority to issue Industrial Development Revenue Bonds for the Efson, Inc. Project, Series 1993 in the principal amount of $3,500,000. Upon vote, the MOTION CARRIED UNANIMOUSLY'. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XII, Page 21. ;Aj:, CONSIDERATION FOR USE OF INMATE LABOR AT WASTEC AND THE LANDFILL Mr. John Hubbard, Plant Manager of WASTEC, reported on working with the N. C. Department, of Corrections to use inmate labor to perform a number of jobs at WASTEC and the Landfill. Job duties will include housekeeping, landscaping, painting, washing of equipment, recovery of freon from 'appl~ances, preparing appliances for recycling, splitting firewood for the Wood Lot Program and other similar jobs. An agreement with Correction Enterprises will provide six honor grade inmates and a criminal -Justice Certified Prison Industry Supervisor. The ,supervisor will receive job assignments from the Department of Env~ronmentali,'Matl:agement weekly and will be responsible for all supervision 'of the inmate crew. Corrections Enterprises will be responsible for transportation, meals, worker's compensation, insurance, and safety equipment for their employees and inmates. ~ j ( l ~INUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 744 The cost of the service is $211.50 daily or approxiinately $53,086 per year. The average hourly cost is $3.78 per hour including supervision. This cost compares to $7.49 to $7.75 per hour currently being paid to employees from temporary service companies, which does not include supervision. The term of the contract is for one year, November 1, 1993, through October 31, 1994. After review, staff encourages the adoption of the agreement as a mechanism to provide cost effective housekeeping and landscaping services to improve the appearance and operation of WASTEC. Additionally, this labor force will enable numerous other projects to be pursued which have been neglected due to a lack of staff. () Vice-Chairman Mathews inquired as to whether the dollars saved will outweigh the possible legal liabilities? County Attorney Copley reported the benefits should outweigh the risks; however, if an injury should persist after the release from prison, the County could be liable under the Worker's Compensation Insurance. Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to approve the agreement with Correction Enterprises as presented. The Chairman was authorized to execute the contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the agreement is on file in the Legal Department. FIRST READING OF AN ORDINANCE ENTITLED, "MODERNIZATION OF LAND RECORDS" TO REQUIRE THE USE OF TAX PARCEL NUMBERS WHEN RECORDING REAL ESTATE TRANSFERS Assistant County Attorney, Dave Weaver, reported after meeting with interested real estate professionals concerning the requirement for parcel identification when registering real estate transfers, the proposed ordinance has been developed and is being presented for consideration. () Chairman Greer inquired as to whether everyone is in agreement with the ordinance as presented. Ms. Mary Sue Oots, the Registrar of Deeds, presented the following recommendations: (1) Delete Item b under section 1. It would be difficult to obtain a statement reflecting whether the instrument is a combination or split from the identified parent parcel or parcels. (2) Delete the following statement from section 2 because it is automatically assumed the Tax Department would perform this service: "The Tax Department shall have exclusive authority to create and assign parcel identifier numbers consistent with existing requirements of the Department". (3) Delete section 3 because a North Carolina General Statute covers new reporting of documents that contain errors. () Assistant County Attorney, Kemp Burpeau, reported the portions recommended could be removed; however, the Tax Department felt these sections should be included. In his opinion, the sections included in the document are beneficial to the Land Records Staff in the Tax Department. Commissioner Caster inquired as to whether everyone understands section 5 because the paragraph is not clear. ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 745 commissioner sisson recommended deleting the last sentence in section 5 to better clarify the wording to read as follows: "At the inception of this ordinance, County tax records shall be revised and updated from deeds satisfying the requirements of this ordinance." . County Manager O'Neal reported when placing this item on the agenda, he was informed that all parties involved had agre~d and were satisfied with the proposed ordinance. Concern was expressed for all parties not being in agreement before the item was placed on the agenda. Motion: After further discussion, Commissioner Caster MOVED, SECONDED by Commissioner sisson to adopt an Ordinance entitled "Modernization of Land Records" to require the use of tax parcel numbers when recording real estate transfers to become effective January 1, 1994, with deletion of item b under section 1 and deletion of the last sentence in section 5 of the proposed ordinance. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Chairman Greer Voting Nay: Commissioner Barone Vice-Chairman Mathews Since the ordinance was not voted upon UNANIMOUSLY, the ordinance will require a second reading for final adoption and will be placed on a future agenda. . commissioner Sisson requested that all parties involved with the proposed ordinance be present at the meeting scheduled for the second reading of the ordinance. BREAK Chairman Greer recessed the"meeting for a break from 7:58 P.M. until 8:14 P.M. APPROVAL FOR EXTENSION OF CITY AND COUNTY LEASE WITH THE COASTLINE CONVENTION CENTER County Manager O'Neal requested continuance of the existing lease arrangement originally entered into by the City of Wilmington and New Hanover County in 1988. The extension will be for five years with the same terms and a maximum annual .County obligation of $50,000. The City will consider this ltem on October 5, 1993. Chairman Greer inquired as to why the term is for five years? Mr. Steve Davenport, President of the Board of Trustees for Coast Line Convention Management, Inc., reported a five-year lease will allow time for planning and booking of events in advance. Commissioner Caster inquired as to whether the Coast Line Convention Center will always be subsidized by tax dolYars? . Mr. Davenport reported this facility will probably have to be subsidized by the taxpayers due to its size. The Coast Line Convention Center, for its size, is doing better than most facilities of the same size across the state. The only facility in the state that is privately financed without being subsidized is the Four Seasons Convention Center in Greensboro. Commissioner Caster recommended changing the term of the lease from five years to three years in order to avoid passing this expense to future Boards of County Commissioners. Vice-Chairman Mathews reported with the new management and members of the Management Board, he feels the Coast Line Convention ~ ( I i I I l MINUTES OF REGULAR MEE~ING, OCTOBER 4, 1993 PAGE 746 Center will improve on the booking of events and eventually become self-supporting. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to approve the lease as presented. Substitute Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to reduce the term of the lease to three years. The floor was opened for discussion. () commissioner Sisson expressed concern for continuing to finance the Coast Line Convention Center when the original request stipulated the Center should become self-sufficient in five years. He urged the Board of Directors to promote utilization of the Center within the community for use of the room space. Chairman Greer expressed concern for the County paying a monthly payment for a private enterprise under a lease agreement and recommended that New Hanover County offer a discount of $500 to each convention with an attendance of over 500 people. The discount could be established according to the size of the convention and would be paid directly to the Coast Line Convention Center. Mr. Davenport reported the original project was to improve a bad section of the riverfront property. The underlying theory was that Wilmington, particularly in the downtown area, had an opportunity to involve private enterprise in this project. The pUblic/private partnership was necessary because investment funds could not be obtained on the project as conceived and operated. Not only did the City and County subsidize the project, but a federal UDAG grant in an amount over $1 million was used to complete the financing of the project; therefore, this project cannot be considered a private venture. During the past five years, the original cost projections have not been achieved; however, enough sales tax revenues have been generated by the persons attending conferences to offset the amounts contributed by the City and County. () Chairman Greer inquired as to what would happen if a profit is made by the Coast Line Convention Center? Mr. Davenport reported the Management Board would use the profits for additional marketing of the Center to ensure the public purpose of the funds. Chairman Greer called for a vote on the SUBSTITUTE MOTION to reduce the term of the lease to three years. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner Sisson Chairman Greer Voting Nay: Commissioner Barone Vice-Chairman Mathews A copy of the lease agreement is on file in the Legal Department. () PUBLIC HEARING TO CONSIDER CLOSING OAK STREET ON THE EAST SIDE OF CASTLE HAYNE ROAD NORTH OF HOLLY SHELTER ROAD (SC-60, 9/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported Oak Street is approximately 700 feet north of the Holly Shelter Road/Castle Hayne Road intersection, on the east side of Castle Hayne Road. The petitioner and majority of adjoining property owners are in favor of closing the road . Given the non-functional use of this dedicated right-of-way and the County's desire to retain this road ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 . PAGE 747 for future utility purposes, the Planning staff recommends closing the road and converting it to a utility easement. This easement is to be used for future County sewer expansion. No access problems will occur because of the road closure. Chairman Greer inquired as to whether anyone from the general public would like to comment. . The following remarks were received. Mr. Cole Watts reported on purchasing a piece of property in Castle Hayne without knowing the parcel of land was Oak street. Concern was expressed for closing the road which will close his auto sales business and cause him to lose ,the money already invested in the purchase of the property. After researching the property title, it appears that Alex Hall traded a lady two houses and land in Castle Hayne, including this lot, which was sold later sold to him. Ms. Elsie Aalam reported in 1983 she traded two houses on 5th street and land in Castle Hayne to Alex Hall for waterfront property on Page's Creek. When receiving the deeds from Mr. Hall, she received two deeds, one for a'SO foot lot and one for a 33 foot lot. She had no idea there was a problem with the deed when selling the property to Mr. Watts. commissioner sisson reported the land transfer cannot be addressed because this is a matter that will have to be settled in court. . Mr. James Stephenson, Pastor of McClure Memorial Presbyterian Church and the petitioner, reported the church own property on both sides of the street' and would like to place a day care center on the property. After discussion with David Huffine and performance of a title search, it appeared the title was in order. The Church was not aware that Oak Street was owned by Mr. Watts when petitioning for closure of ,the road. There is no desire to hurt anyone, and the church feels ?vir. Watts should have his money reimbursed. Chairman Greer recommended delaying action on this request until staff can find out who owns the road. Planning Director Hayes reported closing the road will not impact the ownership of the property. County Attorney Copley reported this is a public street that can be closed and recommended that Mr. Watts meet with Mr. Hall to work out the problems with the ,deed. Mr. Watts expressed concern for a deed being written ,by Mr. Alex Hall, who is an attorney, and reported he needs time to allow the cars to remain on the lots until this matter is settled in court. . commissioner sisson reported if the road is closed, -the property will no longer be a pu.b1ic street which should make the situation less complex. Chairman Greer closed the Public Hearing. Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairma"n Mathews to close Oak street as recommended by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer requested the members of the church to work wi th Mr. Watts in negotiating a satisfactory arrangement for allowing his cars to remain ory the lot until the ownership of the property is resolved. ~ ( l MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 748 A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. Mr. Lloyd Nunalee, a resident of 6208 Blossom Road, explained that he had submitted a request for the state to maintain Blossom street and reported that one property owner is opposed to the request and has constructed a fence in the middle of the street. He inquired as to whether the Commissioners can be of assistance to him in resolving this matter? o Planning Director Hayes offered to assist Mr. Nunalee with state maintenance requirements during regular office hours from 8:00 A.M. until 5:00 P.M., Monday through Friday. AUTHORIZATION FOR THE RANKIN TERRACE CLINIC TO BE CLOSED, APPROVAL OF BUDGET AMENDMENT #94-0060, AND DENIAL OF THE INJURY PREVENTION POSITION Health Director, Robert Parker, reported on the establishment of the New Hanover Community Health Center and the many medical services already being provided by the Center. In July, 1993, the Community Health Center no longer needed to contract with the Health Department for services through the Rankin Terrace Clinic. All County employees have been hired by the Community Health Center with the exception of one Physician Extender who separated from the Health Department. In August, 1993, the Board of Health voted to terminate the Rankin Terrace Clinic. The Commissioners were requested to terminate the Rankin Terrace Clinic and approve the associated Budget Amendment. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Barone to terminate the Rankin Terrace Clinic and approve the following Budget Amendment to reduce the expenditures in the Health Department Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. o 94-0060 Health Department/Personal Health/Laboratory Debit Credit. Personal Health Salaries & Wages Contract Services Printing Maintenance & Repair - Equipment Employee Reimbursement Training/Travel Departmental Supplies $95,296 $13,167 $ 172 $ 175 $ 1,000 $ 312 $20,211 Federal Grant $82,333 Health Laboratory Federal Grant $48,000 Purpose: To reduce expenditures and revenues in Personal health and the Laboratory due to the Community Health Center no longer contracting with the Health Department for services. Director Parker commented on a decrease in expenditures of $128,222 with the closing of the Rankin Terrace Clinic and reported the Board of Health voted to use a portion of these funds to hire an Injury Prevention Educator position for implementation of an Injury Prevention Program in New Hanover County. Injury is the fourth leading cause of death compared to all other causes of death for all ages. This employee will be responsible for planning and implementing a program to reduce injuries through educational presentations, preparation of news releases, and public service announcements. This position was requested in the FY 1993-94 Budget, but was denied by the Management Team. The Health Department played a major role in bringing about the existence of the Community Health Center and feels this position should be approved. () . . . ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 749 County Manager O'Neal reported 40 positions were requested last year including the Health Educator I position. The purpose of denying this position was due to the other positions that were needed and denied for other County departments. The Board direqted staff to very carefully review additional positions; therefore, he still recommends denial of the new position. Motion: After discussion of the amount of money that can be saved by reducing injuries, commissioner sisson MOVED to approve the Injury Prevention Health Educator position. The floor was opened for discussion. commissioner Caster agreed with Commissioner Sisson, but recommended this position be considered with other positions during the FY 1994-95 Budget process. Director Parker stated the Board of Health "would not be requesting this position if the Health Department had not saved the County $150,000 through the establishment of the Community Health Center. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND. No action was taken and the position was not approved. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER AMORTIZATION OF NON- CONFORMING ADULT ENTERTAINMENT ESTABLISHMENTS Planning Director Hayes reported due to an error by staff in the required legal notice for the prqposed text amendment, the Public Hearing has been p~~tponed until November 1, 1993. PUBLIC HEARING TO CONSIDER CLOSING WOODLAWN AVENUE (SC-61, 9/93) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported Woodlawn Avenue encompasses an unimproved 33 foot right-of-way approximately 350 feet in length. Residential properties adjoin Woodlawn Avenue to the northwest and southeast. If the road is closed, bike access to Summer Rest Trail would not be restricted. Given the limited use of Woodlawn Avenue and the County Engineering Department not expressing a desire to allow the road to rem~in open for utility purposes, the Planning Staff recommends c'lo~ure of the road as petitioned. Chairman Greer inquired as to whether anyone from the general public would like to comment. The following remarks were received: Mr. Mark Brisson, an adjourning property owner, requested closure of the road to benefit the entire community. A home will be constructed on the lot. Chairman Greer closed the Public Hearing. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt the order closing Woodlawn Avenue as proposed by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. COMMITTEE APPOINTMENTS DISCUSSION OF TERMS FOR NEWLY APPOINTED MEMBERS OF NEW HANOVER REGIONAL MEDICAL CENTER BOARD OF TRUSTEES AND APPOINTMENT OF HENRY VON OESEN TO SERVE ON THE HOSPITAL BOARD OF TRUSTEES Chairman Greer reported inadvertently he did not consider a request from the Hospirtal Board of Trustees for an appointment procedure to implement the new, three-year terms established by the j ( MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 750 Board of County commissioners. On September 20, 1993, the following members were appointed and assigned the following terms: Charles M. Coleman, Jr. - Philip Sharpe Corneille Sineath Two-Year Term Two-Year Term Three-Year Term Under the implementation plan submitted by the Hospital Board of Trustees four (4) new Trustees would be appointed to serve three-year terms for a total of 16 members instead of the current 15 members, and the Board of Trustees would gradually expand to 20 members reducing back to 15 members as the terms expire. () commissioner Barone recommended using the same policy for the Hospital Board of Trustees as for any other board. In her opinion, 20 members on the Hospital Board of Trustees or any board is too large and can become difficult to manage. Chairman Greer requested direction from the Board. Motion: After discussion, Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to approve the implementation process as recommended by the Hospital Board of Trustees and appoint an additional member with the reassignment of three-year terms to the new members appointed on September 20, 1993. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Commissioner Sisson o Chairman Greer opened the floor to receive nominations for appointment of an additional member to serve on the Hospital Board of Trustees. Vice-Chairman Mathews nominated Henry M. von Oesen. The nomination was seconded by Commissioner sisson. commissioner Barone nominated Dr. Bert Kring. The nomination was seconded by Commissioner sisson. Vote: Chairman Greer called for a vote on the appointment of Henry M. von Oesen to serve a three-year term on the Hospital Board of Trustees with the term expiring September 30, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster commissioner Sisson vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone WITHDRAWAL OF APPOINTMENTS OF MEMBERS TO SERVE ON THE GLOBAL TRANS PARK DEVELOPMENT COMMISSION Chairman Greer reported since New Hanover County is not joining the Global TransPark Development Zone, this item has been withdrawn. () MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT Motion: Commissioner Sisson MOVED, SECONDED by commissioner Barone to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. . . . ~ ~~ . MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 751 Chairman Greer convened from Regular Session at 9:30 P.M. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer reconvened to Regular Session at 9:36 P.M. DISCUSSION OF REVENUE BOND DOCUMENTS FOR NEW HANOVER REGIONAL MEDICAL CENTER County Attorney Copley requested the Board to continue this meeting until October 6, 1993, in order to approve the Bond Resolution and Series Resolution after approval of the bond issue by the Local Government Commission on October 5, 1993. Consensus: It was the consensus of the Board to continue the October 4, 1993, meeting to October 6, 1993, at 7:30 A.M. in the Library of the New Hanover County Health Department, 2029 South 17th Street, Wilmington, N. C. ADDITIONAL ITEMS - COUNTY COMMISSIONERS AWARD OF BID AND CONTRACT #94-0116 TO T. A. WOODS COMPANY, INC. FOR MECHANICAL RENOVATIONS TO THE NEW HANOVER COUNTY COURTHOUSE County Manager O'Neal presented and requested adoption of a resolution awarding a bid to T. A. Woods Company, Inc., the lowest responsible bidder, in the amount of $149,412 for mechanical renovations to the New Hanover County Courthouse. commissioner Barone reported she is a member of a club with the wife of one of the partners of T. A. Woods Company, Inc. and inquired as to whether this would be a'conflict of interest? County Attorney Copley reported since Commissioner Barone will not benefit directly from the bid award, this would not be considered a conflict of interest. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt a resolution awarding the bid to T. A. Woods, Company, Inc. in the amount of $149,412; incorporate the memorandum from Pat Melvin, the Assistant to the County Manager, relative to the MBE goal; and authorize the Chairman to execute the necessary contact documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. Chairman Greer inquired as to when the proj ect will be completed. Mr. Sims reported the project should be finished by December 1993. ADOPTION OF PROCLAMATION DECLARING OCTOBER 8-10, 1993, AS THE 444/48TH FIGHTER INTERCEPTOR SQUADRON WEEKEND Motion: Commissioner Sisson MOVED, SECON:DED by Commissioner Caster to adopt a proclamation declaring October 8-10, 1993, as the 444/48th Fighter Interceptor Squadron Weekend. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXI, Page 21. DISCUSSION OF REQUEST BY THE NEW HANOVER COUNTY TIRE DEALERS FOR ELIMINATION OF THE TIP FEE FOR SCRAP TIRE EFFECTIVE OCTOBER 1, 1994 Chairman Greer reported on receiving a letter from the local chapter of the N. C. Tire Dealers a-nd Retreaders Association, requesting elimination of the current ~ip fee on tires effective October 1, 1993, since .State legislation will prohibit counties from charging a tip fee effective January 1, 1994. If the tip fee is not eliminated, the scrap tires -wili be stored until January 1, j MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 PAGE 752 1994. It was the original intent of the General Assembly to allow Landfill operators to accept scrap tires at no charge in order to avoid the dumping of tires in the woods and in other inappropriate places; however, a majority of counties decided to charge a tip fee to be reimbursed for the disposal cost. Mr. Dennis Burke reported the County will lose $15,000 if the tip fee is eliminated October 1, 1993. Also the County could risk the possible loss of grants without the resources to fund the program since New Hanover County experienced a $27,000 shortfall this year because of the per capita reimbursement from the state. () Consensus: After a lengthy discussion, it was the consensus of the Board to discuss this request at the regular meeting of October 18, 1993. REMINDER OF COUNTY EMPLOYEE PICNIC County Manager O'Neal announced the County Employee picnic will be held on Wednesday, October 6, 1994, at Hugh MacRae Park and he requested the County Commissioners to be at the park by 11:15 A.M. APPROVAL OF CONTRACT WITH HOLNAM FOR DREDGE SPOIL SITE AS RECOMMENDED BY THE U. S. ARMY CORPS OF ENGINEERS County Attorney Copley requested approval of an agreement with Holnam for a dredge spoil site as recommended by the U. S. Army Corps of Engineers. There is no cost to the County and state environmental standards will be required. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to approve the contract as presented and authorize the Chairman to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the Legal Department. o REQUEST FOR A TRAFFIC LIGHT AT THE OAKLEY ROAD ENTRANCE ONTO CASTLE HAYNE ROAD Commissioner sisson commented on the amount of traffic on Castle Hayne Road and requested staff to write a letter to the Department of Transportation to see if a stoplight can be placed at the entrance of Oakley Road onto Castle Hayne Road. Also, concern has been expressed for the 35 MPH speed limit on Oakley Road, and it would be beneficial for the Department of Transportation to reduce the speed limit to 25 MPH. County Manager O'Neal reported staff will prepare a letter to the Department of Transportation as requested under the Chairman's signature. DISCUSSION OF TRIPLE T BID SUBMITTED FOR PURCHASE OF ROLL OFF TRUCKS FOR WASTEC Chairman Greer stated the purpose for the bid being rejected was due to an insufficient bid bond; however, it appears after discussion this morning, there was a misinterpretation on someone's part. Concern was expressed for not being more lenient in a matter of type. commissioner sisson reported he feels the Purchasing Agent is very astute in the requirements of the State bidding law; therefore, he would like to hear both sides before awarding the bid. () \ I I I , I I l Staff was requested to prepare a report on the entire bidding process and bid openings by October 5 in order to review the case before the continued meeting to be held on October 6, 1993. Ie J'~ ( , . ~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1993 .~': \, ," PAGE ,75,3 MEETING CONTINUED UNTIL OCTOBER 6, 1993 Chairman Greer convened from Regular Session at 10:10 P.M. and continued the meeting until Wednesday, October 6, 1993, at 7:30 A.M. in the Library of the New Hanover County Health Department. Respectfully submitted, ~;<~ Clerk to the Board ~