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1990-10-15 Regular Meeting . . . 2 3.7 ""'Ill MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 15, 1990, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Robert G. Greer; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman Jonathan Barfield, Sr.; Chairman Fred Retchin; County Manager, Allen O'Neal; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to discuss an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner 0' Neal to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners meeting of October 1, Board. approved the minutes of 1990, as presented by the the regular Clerk to the Approval of Tax Collection Reports Thru September 28, 1990 The Commissioners approved the following Tax Collection Reports thru September 28, 1990, as submitted by the Collector of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are hereby incorporated as a part of the minutes and are contained in Exhibit Book XVIII, Page 26. Release of Tax Penalties and Value Adjustments The Commissioners approved value adjustments for the following taxpayers as recommended by the Tax Administrator: Walser H. Allen, Jr. & Joanne B. James L. Batson Lillian Castle John L. Creed, Jr. etux. Nancy Elaine Fauser Leon M. Fox & Evelyn B. George D. Hedgecock, & June E. Archie Warren Landen, Sr. New Hanover Aviation, Inc. James Bryant Reaugh Vivian S. Simmons Douglas W. Skipper Donald Squires Kevin J. Tilley & Janet S. $ 1,905 $46,400 $ 2,226 $53,913 $ 558 $12,600 $10,290 $ 2,025 $52,038 $ 3,630 $ 620 $ 1,389 $ 702 $ 830 The Commissioners approved release of the following penalties for taxpayers who had been sick or had experienced a death in the family; who certified mailing of listing during ~ ( 23 8 MINUTES OF REGULAR MEETING. OCTOBER 15. 1990 (CONTINUED) the listing periods; or who listed in another county in error during the listing period: Shirley D. Dugan Beatrice Galloway E. T. Marshburn, Jr. Minnesota Mining & Mfg. Company Norris Construction Phoenix Leasing Inc. Tina Louise Pickett Ray P. Rothrock Sears Technology Service TCF Commercial Leasing Corporation Winter Park Bicycles, Inc. $ 4.59 $ 1.50 $106.06 $ 15.70 $101.45 $ 50.68 $ 9.58 $ 25.55 $ 3.62 $ 52.05 $ 16.75 o The Commissioners released the following certification penalties due to being the taxpayer's first offense: Joseph Woody Martin Mark Edward McMillian $100.00 $100.00 Denial of Request by Opera House Theatre Company for Exemption of 1984 Ford Pick-Up Truck - Tax Department The Commissioners denied the request by Opera House Theatre Company for exemption of a 1984 Ford pick-up truck and upheld taxation for vehicular equipment owned by Opera House Theatre Company as recommended by the Tax Administrator. Copies of the appeal letters are on file in the Tax Department. Approval of Budget Amendment #91-0063 Parks & Recreation Department The Commissioners approved the following budget amendment: Debit Credit () 91-0063 Parks General Government Operating Transfer In (from 1/2 cent $163,000 Sales Tax Fund) Parks Land Acquisition Cost $163,000 1/2 Cent Sales Tax Fund Appropriated Fund Balance $163,000 Transfer to General Fund $163,000 Purpose: To budget funds for land acquisition of property located at the corner of Third and Chestnut Streets. The County and City of Wilmington have agreed to split the purchase price of the land. County funds are from the undesignated portion of the 1/2 Cent Sales Tax Fund. The purchase was approved by the Commissioners on October 1, 1990. Budget Amendment #91-0057 Report for Entry Into the Minutes The following budget amendment was reported for entry into the minutes: 91-0057 Human Services Transportation System () Debit Credit Human Services Transportation System Federal Grant - DOT State Grant - DOT Contribution from Mental Health Center Contracted Services $54,397 $ 6,800 $32,590 $ 978 Motor Vehicle Purchases $94,765 MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) ~ 239 Purpose: To set up capital outlay account to record receipt of three vans from the State and four vans from Southeastern Mental Health Center for the coordinated Transportation System (for accounting purposes only). Authorization for local match was approved by the Commissioners on April 2, 1990. . Appointment of George Walker and Neil Thompson to the "Fireman Relief Fund" Board of Trustees - North Wilmington Volunteer Fire Department The Commissioners appointed George Walker and Neil Thompson to the "Fireman Relief Fund" Board of Trustees for administration of the fund for the North Wilmington Volunteer Fire Department. Approval of Amendment to Contract PUB-90-0334 With Cape Fear United Way The Commissioners approved a six months extension to the contract with Cape Fear United Way beginning October 1, 1990, thru April 1, 1991. The United Way Agency operates a "Wood Lot Program" on county property located on Division Drive to provide wood to needy families during the winter months. A copy of the amended contract is on file in the Legal Department. Reclassification of Part-time Maternity Care Coordinator Position to Full-time Position and Approval of Budget Amendment #91-0060 - Health Department The Commissioners approved reclassifying the part-time Maternity Care Coordinator position to a full-time position due to the increased case load and approved the following budget amendment. No additional county funds are needed since the position will be totally funded through Medicaid reimbursement. . 91-0060 Health/Maternity Care Coordination Debit Credit Health/Maternity Care Coordination Title XIX Fees $6,442 Salaries & Wages FICA Retirement $5,770 $ 326 $ 346 Purpose: To reclassify the part-time Maternity Care Coordinator position to a full-time position. Additional expenditures will be funded through the increase in Title XIX revenue due to an increased caseload. Approval of Child Services Coordination Program and Budget Amendment #91-0062 - Health Department The Commissioners approved the following budget amendment and new positions for establishment of the Child Services Coordination Program to address needs of infants and children who are identified as being at risk for developmental delays: . Public Health Nurse II Position Social Worker II Position Clerk Typist IV Position Community Health Assistant Position 91-0062 Health/Child Health Service Coordination Debit Credit Health/Child Health Service Coordination Title XIX Fees $68,183 Salaries & Wages FICA Retirement $40,782 $ 3,114 $ 3,371 ~ ( 24~S OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) Debit Credit Medical Insurance Maintenance & Repair - Equipment Printing Departmental Supplies Employee Reimbursement Training & Travel Capital Outlay - Equipment $ 5,208 $ 70 $ 500 $ 1,900 $ 2,740 $ 2,314 $ 8,184 Purpose: To budget funds to establish four positions for the Child Health Service Coordination Program. Positions will be funded by increased Medicaid funding (Title XIX), which has been expanded by the N. C. General Assembly to reduce infant mortality. The Health Department staff feels that sufficient funds will be available to fund the new positions for FY 1991-92. o Designation of the New Hanover County Board of Health as the Governing Body for the "Dangerous Dogs" Act Passed by the General Assembly The Commissioners designated the New Hanover County Board of Health as the body responsible for governing the "Dangerous Dogs" act passed by the General Assembly to become effective October 1990. Approval of Contract #LIB-90-0381 with RMG Consultant, Inc. to Perform a Study on the New Hanover County Public Library Automation Needs The Commissioners approved a contract with RMG Consultant, Inc. in the amount of $4,900 for performing a study of the Library's future automation needs. The study will evaluate various options for replacement of the current system and/or a potential phasing in of a system, if necessary. The County Manager was authorized to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. o Award of Low Bid #~G-90-0378 with Lanier & Sons Grading & Paving, Inc. for Asphalt Repair at the New Hanover County Landfill The following bids were received to repair asphalt open cuts and the apron expansion at the County Landfill: Lanier & Sons Grading & Paving Company Rabon & Sons Grading & Paving Company Cape Fear Paving Company, Inc. $16,916 $17,545 $25,036 The Commissioners awarded the low bid to Lanier & Sons in the amount of $16,916 for installation of 2,276 square yards of asphalt for repair work at the Landfill and authorized the Chairman to execute the necessary contract documents. A copy of the contract is on file in the Legal Department. Renewal of Contract #TAX-90-0377 with Attorney Louis K. Newton ~or Tax Collections and Foreclosures The Commissioners renewed the contract with Attorney Louis K. Newton for handling of tax collections and foreclosures. The Chairman was authorized to execute the necessary contract documents. o A copy of the contract is on file in the Legal Department. Approval of Modification to Lease Agreement #LIB-90-0352 with W&M Properties and Approval of Budget Amendment #91-0065 - Library The Commissioners approved an extension and modification of the lease agreement with W&M Properties for lease of office space for the College Square Branch Library, authorized the Chairman to execute the necessary contract documents, and approved the following budget amendment: MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) ~ 241 91-0065 Non-Departmental Debit Credit Non-Departmental Contingency Library Rent $7,166 $7,166 Purpose: To budget an additional three months' rent for the College Branch Library. This will fund rent on the branch for the remainder of the fiscal year. . A copy of the lease is on file in the Legal Department. Approval of Contract #MGR-90-0382 with the N. C. Division of Forest Resources for Protection and Improvement of Forest Lands in New Hanover County The Commissioners approved the contract with the N. C. Di vision of Forest Resources for protection and improvement of forest lands in New Hanover County. The Chairman was authorized to execute the necessary documents. A copy of the contract is on file in the Legal Department. RECOGNITION OF NEW COUNTY EMPLOYEES The following new employees were introduced by the County Manager and welcomed by the Board of County Commissioners: Lisa Barrington Martha Faulkner Gail Haertel Rhonda Smith Anntionette Cromartie Nicole Sedor Emergency Medical Services Planning Department Health Department Sheriff's Department Department of Social Services Department of Social Services . PRESENTATION ON IMPLEMENTATION OF JOB OPPORTUNITIES AND BASIC SKILLS (JOBS) PROGRAM - DEPARTMENT OF SOCIAL SERVICES Director of Social Services, Wayne Morris, presented background information on the JOBS Program stating the program targets three groups of clients: ( 1) long-term recipients of AFDC; (2) young parents under 24 who have not completed their education or have no recent work experience; and (3) adults who are in families where the youngest child is 16 years of age. Lack of education, job skills, absence of work history, inaccessibility of day care and inaccessibility of transportation have been identified as major barriers to employment of these clients. JOBS will seek to remove these barriers by providing opportunities to complete high school or obtain GEDs by offering job skills training, job readiness training, job placement services, day care and transportation. . The goal of the JOBS program is to move families toward self-sufficiency through education. This will be accomplished by utilizing various agencies and resources available without creation of a new department. The program will be implemented through community support groups and the Wilmington Housing Authori ty working together to identify clients. Once clients have been identified, DSS staff will assess needs on a one-to-one basis and develop an individualized plan for each client. Services provided may include counseling, various motivation efforts, parenting classes, job readiness training, and job placement. The strategy for New Hanover County will be to concentrate on AFDC recipients who desire employment. Since October 1, 1990, 254 clients have volunteered to participate in the program. Once a client completes the program and becomes employed, DSS, for the first time, will be able to offer day care and medicaid assistance to the client during the transition period. Director Morris expressed enthusiasm about the program and stated the lives of many children in our community will be improved; however, the overall savings will not be realized until federal legislation is enacted that will simplify the processing of DSS programs. ~ ( .2!~rS OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) Discussion was held on additional staffing and space to accommodate the program. Director Morris stated space needs for administering this program and other programs will have to be addressed in the 1991-92 budget request. Chairman Retchin, on behalf of the Board, expressed appreciation to Director Morris for an excellent presentation. PRESENTATION BY THE REFERENCING COMMERCIAL HOUSING Mr. Michael Murchison, a member of the Ad Hoc Planning Advisory Committee, presented the following findings and recommendations concerning application of commercial development regulations and the special Highway Overlay District: AD HOC PLANNING ADVISORY DEVELOPMENT REGULATIONS AND COMMITrEE AFFORDABLE () Findings: 1. An adequate supply of undeveloped land zoned for general commercial development exists in the County. 2. The linear extension of commercial development along major highways should be sharply curtailed in order to stop uncontrolled strip commercial growth. 3. Regional large-scale commercial/service development should be encouraged to locate where such services as water, sewer, and mass transit are already available. Regional development should be allowed in the unincorporated County on a limited basis and only at nodes wher~ arterial roads intersect, e.g. Eastwood Road and Market Street or Monkey Junction. 4. New commercial development controls should be pursued to accomplish the following purposes: a. Increase public participation in the review and approval process. b. Establish both use-specific design requirements and site plan review and approval procedures. o Recommendations: 1. Creation of Neighborhood Business District: The intent of this district would be to allow develop- ment of small scale retail and service uses spec- ifically oriented toward serving the day to day needs of the surrounding neighborhood. Controls would be imposed, such as reduced signage, maximum limits on parking and building size, and provisions for pedestrian access. 2. Creation of a Commercial Services District: This district could be created to segregate high impact services, such as general trade contractors and septic tank vacuum services, which are not neces- sarily dependent on high visibility, from the existing B-2 District. The intent would be to create Commercial Services Districts with more stringent use-specific control in areas away from major highways which would reduce the demand for B-2 zoning. 3. Creation of a Planned Business District: The intent of this district would be to allow increased public participation in site plan review and approval of commercial developments. It would focus on "stand- alone" commercial developments as opposed to the transitional use emphasis of the Conditional Use District. () 4. Expansion of the present Conditional provide only for Conditional Use District: The Use District is intended to low-impact transition from MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) 2 4 3 ""lIIl commercial development to residential areas. The Conditional Use District could be utilized more often to achieve various types of uses. 5 . Use-Specific Controls Additional use-specific could be imposed on B-2 districts. in B-1, B-2 Districts: or performance type controls uses in the existing B-1 and . 6. Redevelopment of existing commercial districts should be encouraged. As the County's position as a regional economic/service center strengthens, it is likely that interim commercial uses such as equipment and auto sales will be replaced with more capital intensive development placing more emphasis on permanent structures, landscaping, and site design. 7. Vacant stretches between commercial areas along arterial roads should be reserved for residential development particularly High Density Residential Development, provided appropriate infrastructure is available. High Density Residential Development will allow for a variety of housing types, reduce residential sprawl, reduce costly utility extensions and eventually make possible the use of mass transit as a viable option. Commissioner Mathews asked if structure designs had been considered when preparing recommendations for future commercial development? Mr. Murchison stated architectural review was not considered; however, well-designed commercial structures are much more acceptable to the general public; therefore, this could be considered at a later date. . Discussion was held on adoption of a Special Highway Overlay District (SHOD). Mr. Murchison stated the Ad Hoc Planning Advisory Committee, as discussed at a previous meeting, does recommend approval of this district to protect the natural and scenic beauty that presently exists along Interstate and other specifically designated roadways which serve as gates to New Hanover County. Protection of these highways is a valuable asset to the County's tourism economy and enhances attractiveness of the area for trade; therefore, the Committee would recommend adoption of the SHOD regulation which would be applied to the 3-mile corridor extending from the Ogden traffic signal to the County line. A lengthy discussion was held on the negative impact of SHOD on the 4% of parcels along the Market Street corridor with frontage of 100 feet or less and depths of less than 150 feet. Commissioner Barfield expressed concern for property already zoned for commercial use and recommended that these parcels be grandfathered in under the SHOD regulations in order to allow property owners to develop as currently zoned. After further discussion, Hearing to consider the SHOD November 5, 1990. .' Affordable Housing: The following recommendations were presented 1. The County must realize that different strategies will be required to target specific client groups to provide affordable housing for low versus moderate income house- holds. it was agreed that the Public regulations would be held on 2. The County should continue to demonstrate its strong commitment to programs assisting primarily low income households in housing rehabilitation, particularly in cooperation with City programs. ~ ( 2'4j~N1ITES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) 3. The County should concentrate its efforts on allowing flexibility in residential housing development without creating undue public impacts, and specifically con- centrate on providing adequate land development oppor- tunities for new affordable single-family housing for purchase by moderate income households. 4. The update of the appropriate time County's policies development. County Land-Use Plan would be the most to propose major revisions to the governing the density of residential 5. The County could create a new R-9 residential zoning district which would require a minimum lot size of 9,000 sq. ft. or a maximum of 4.25 units per acre under Performance Residential Development. It should be recognized that creation of the R-9 district should be considered as an interim measure until the Land-Use Plan is updated in late 1991 or early 1992. The County should also carefully consider such criteria as road capacity, proximity to public open space, and proximity to established neighborhoods when hearing requests for R-9 zoning. 6. The Committee also recommends that residential develop- ment more dense than 4.25 units per acre be required to provide common open space in accordance with existing High Density Development regulations. Mr. Murchison expressed appreciation to the Board for appointing the committee to study these issues and stated each member has enjoyed serving in this capacity. Commissioner Mathews expressed appreciation to Mr. Murchison and fellow members of the Ad Hoc Advisory Planning Committee for an excellent job and presentation. He emphasized the importance of allowing citizens to participate in addressing key issues stating this is certainly an example of how an ad hoc committee can be of great assistance to the Board of Commissioners. Consensus: After discussion of the recommendations presented on future commercial development, it was the consensus of the Board to schedule a Work Session with the County Planning Staff to present maps and illustrations of the proposed zoning regulations in order to ascertain the impact upon properties throughout the county. APPROVAL OF JOINT CITY/COUNTY RECYCLING EDUCATIONAL CAMPAIGN Director of Environmental Management, Ray Church, commented on an opportunity to work with the City of Wilmington in educating the general public on the importance of recycling and stated the firm of Imaginations Advertising has presented a proposal utilizing all media sources for a funding commitment of $16,000 from the County and $16,000 from the City of Wilmington. The firm has worked with local businesses and industry to raise additional funds for implementation of an advertising campaign worth more than $100,000 outlined as follows: Wilmington Star-News approximate 1,320 inches TV production Cost Print - 50 ads Total (Funded by the City & County) 15 (30 second) TV Commercials sponsored by local businesses and industry $ 22,425.60 $ 9,574.40 $ 32,000.00 $100,000.00 $132,000.00 Total Worth of Campaign Director Church emphasized the importance of better informing our citizens in order to gain the participation necessary to have a truly successful recycling and solid waste disposal program. He requested the Commissioners to approve the proposed public/private partnership and the expenditure of $16,000 for New Hanover County's share. ~ o o n --- / . . -. MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) 245 ~ Commissioner O'Neal expressed concern for not including the beaches and requested they be included in the campaign. Director Church stated he would be glad to invite the beach communities to participate in the program. Commissioner Greer suggested establishing several permanent recycling sites throughout the County and recommended that this be accomplished and included as part of the advertising campaign. Consensus: After further discussion, it was the consensus of the Board to request the County Staff to prepare a cost estimate on the feasibility of placing permanent unmanned recycling sites throughout the county. Discussion was held on the proposal and the assurance of sponsorship by local businesses and industry. Further discussion was held on the production print cost and the possibility of the local TV stations performing this work at a reduced rate. Commissioner Greer expressed concern for entering into an open ended advertising contract and recommended preparing a plan identifying the exact cost and recruiting as many participants as possible in order to reduce the cost to participating local governments. Director Church stated the contract would not be opened ended with a commitment from the City and County in the amount of $16,000 each; however, industry needs a commitment by the local governments to encourage more local businesses to participate in the advertising program. Motion: After discussion of the importance of educating citizens on recycling, Chairman Retchin MOVED, SECONDED Commissioner Mathews to approve the advertising program presented subj ect to the City's acceptance and commitment $16,000 of funding. Upon vote, the MOTION CARRIED AS FOLLOWS: our by as to Voting Aye: Commissioner Mathews Commissioner O'Neal Vice-Chairman Barfield Chairman Retchin Voting Nay: Commissioner Greer BREAK Chairman Retchin recessed the meeting for a break from 10:50 o'clock A.M. to 11:10 o'clock A.M. APPROVAL OF LEASING AGREEMENT MGR-90-0393 FOR SPACE LOCATED AT 721 MARKET STREET AND AUTHORIZATION FOR STAFF TO ADVERTISE TO RECEIVE PROPOSALS FOR PERFORMANCE OF A DOWNTOWN COUNTY OFFICE STUDY Deputy County Manager, Mary Gornto, stated the Adult Probation Office has requested additional space in order to accommodate six new positions. While Staff was reviewing space needs in the Judicial Building, the Adult Probation Office began to pursue space outside of the Judicial Building and found desirable space in the building located at 721 Market Street (the former Southern Bell Building) . The County Manager was approached by Mr. Terry Goote, Assistant Branch Manager of the Adult Probation & Parole Office, with a proposal for leasing space at 721 Market Street to accommodate the space needs for new employees and at the same time house the Electronic House Arrest Program which is currently located on Princess Street with office space leased by the County. After review, Staff recommends relocation of the Adult probation and Parole Office, Electronic House Arrest Program, and Community Service Program, currently housed in the Annex Building, to 721 Market Street. The lease will be for 4,500 square feet at $8.00/per square foot for a 5-year term. The lease rate includes all utilities, janitorial, trash, and leasehold improvements. ~ ( 2~~S OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) I , Deputy County Manager Gornto also commented on future space needs for state and county offices requesting the Board to consider advertising for proposals to undertake a study of downtown office space. Motion: After discussion of space needs in the Judicial Building and Annex Building for present occupants, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to authorize the County Manager to negotiate a lease for space at 721 Market Street and authorize Staff to advertise to receive proposals for performance of a downtown county office space study. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF LOW BID iPUB-90-0311 TO CBH CONSTRUCTION, INC. FOR SITE WORK - SENIOR CENTER - PARKS & RECREATION County Manager O'Neal stated insufficient bids were received at the first scheduled bid opening on September 19, 1990; however, after re-advertising the following bids have been received for performance of site work for the Senior Center and Staff recommends award of the low bid to CBH Construction, Inc.: CBH Construction Inc. w. E. Blackmon Peden Paving Dickerson-Carolina $276,071 $305,000 $310,029 $342,560 Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to award the low bid to CBH Construction Inc. in the amount of $276,071 and authorize the Chairman to execute the necessary contract documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTIONS AWARDING BID iFIN-90-0286 TO POWERHOUSE MAINTENANCE & CONSTRUCTION, INC. AND AWARD OF BID FIN-i90-0288 TO REPUBLIC INDUSTRIES, INC. FOR MAINTENANCE SERVICES County Manager O'Neal stated the County Staff and the County Attorney have been developing a format that will satisfy the general statute requirements for the provision of maintenance services at the Steam Plant which cannot be performed in-house. Three bids were received for performance of mechanical/electrical and instrumentation services on an "as needed basis" and Staff recommends award of the low bid to Powerhouse Maintenance & Construction, Inc. (FIN #90-0286) in an amount not to exceed $70,000. Two bids were received for providing refractory and insulation services at the Steam Plant and Staff recommends award of the low bid to Republic Industries, Inc. (FIN-90-0288) in an amount not to exceed $30,000. Discussion was held on why bids were submitted requesting a "not to exceed" quote. Vice-Chairman Barfield expressed concern for this type of bidding and requested that future bids not be submitted on this basis. Motion: After discussion of the importance of monitoring these contracts closely and avoiding future contracts with a "not to exceed" figure, Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to award the following low bids to: (1) Power Maintenance and Construction, Inc. in an amount not to exceed $70,000 for mechanical/electrical instrumentation maintenance services and (2) Republic Industries, Inc. in an amount not to exceed $30,000 for refractory and insulation maintenance services. The Chairman was authorized to execute the necessary contract documents. Copies of the resolutions and bid incorporated as a part of the minutes Exhibit Book XVIII, Page 26. tabulations are hereby and are contained in I I I I , , ~ n ~' ,.j c~' MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) 247 ~ . AWARD OF CONTRACT #PER-90-0294 TO PUBLIC ADMINISTRATION SERVICE & LONG ASSOCIATES FOR PAY AND CLASSIFICATION STUDY Human Resources Director, Andre' Mallette, commented on the last pay and classification study conducted in 1982 stating much was learned from the study and that the proposed study will include all departments for development of a system specifically designed for New Hanover County. He stressed the importance of identifying the problems and deficiencies in the existing system and establishing a system that will objectively approach compensable factors across all- job categories and can be maintained in-house. Staff also recommended review of the County's current Performance Appraisal process to determine if this system can be utilized as a component of the new system. The following proposals were received and the firm of Public Administration & Long Associates was recommended by Staff. (1) Hubbard & Revo-Cohen, Inc. (2) Ralph Andersen & Associates (3) Hallcrest Associates, Inc. (4) Archer Consulting, Inc. (5) Public Administration & Long Associates (6) Municipal Advisors, Inc. (7) Yarger & Associates, Inc. (8) David M. Griffith & Associates $99,950 $96,320 $84,800 $79,580 $79,050 $61,660 $59,180 $49,630 Commissioner Greer inquired as to the amount of time involved with performance of the study. Human Resources Director Mallette stated the study should be completed within 137 days. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Mathews to contract with Public Administration & Long Associates in the amount of $79,050 to conduct the pay and classification study and authorize the County Manager to execute the necessary contract documents after review by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. . APPROVAL OF NEW PERSONNEL POLICY, ARTICLE IV, SECTION 15, "ALCOHOL AND DRUG ABUSE IN THE WORKPLACE" County Manager O'Neal stated in an effort to make New Hanover County a drug-free workplace, an alcohol and drug abuse policy has been prepared to address this issue. He stated the intent of the policy is to assure the County that new employees are free of drugs and to provide specialized intervention for persons who now or may in the future experience the disastrous affect of substance abuse. The Human Resources Director is in the process of identifying positions that will require applicants to take a drug test when desiring employment and once the list has been complied, a copy will be forwarded to the Commissioners. Commissioner O'Neal inquired as to whether there is a substance abuse problem among current personnel and expressed concern for adopting a policy that is not needed or a policy that will not apply to all county personnel. Vice-Chairman Barfield stated with the current abuse of drugs and alcohol, it is imperative that the County adopt a substance abuse policy in order to address any problems that may arise as well as to encourage rehabilitation for employees in need of assistance. . Assistant County Attorney, Wanda Copley, stressed the importance of coordinating this policy with the Employee Assistance Program stating the County will not terminate an employee abusing drugs or alcohol; however, the employee must be willing to participate in a rehabilitation program. ~ ( 2'4~NUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) Motion: After further discussion, Chairman Retchin MOVED, SECONDED by Commissioner Greer to adopt the alcohol and drug abuse policy as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the policy is on file in the Human Resources Department. ADOPTION OF POLICY ON ACCESS TO COUNTY DATA STORED IN THE COMPUTER SYSTEM MIS Director, Bill Clontz, commented on requests from the public for data stored in the computer system stating a policy is needed to establish guidelines for what information can and cannot be released as well as providing a procedure for recovering the associated costs. The policy will be most beneficial to department heads and citizens when making requests for data. () Motion: After further discussion of programs available to the public for viewing, Chairman Retchin MOVED, SECONDED by Commissioner Mathews to approve the policy as presented by the Director of MIS. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the policy is hereby made a part of the minutes and is contained in Exhibit Book XVIII, Page 26. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER & SEWER DISTRICT Chairman Retchin recessed the meeting to hold a meeting of the District Board of the New Hanover County Water & Sewer District from 12:00 noon until 12:10 o'clock P.M. COMMITTEE APPOINTMENTS APPOINTMENT OF EUGENE A. LEES HOSPITAL BOARD OF TRUSTEES Chairman Retchin stated Sutton were nominated to fill Trustees at the meeting of Commissioners should appoint called for a vote as follows: TO THE NEW HANOVER MEMORIAL c;: ./ Eugene A. Lees and William Hobbs a vacancy on the Hospital Board of October 1, 1990; therefore, the one of the nominees to serve. He Members in favor of Eugene A. Lees: Voting Aye: Commissioner Mathews Commissioner O'Neal Vice-Chairman Barfield Members in favor of William Hobbs Sutton Voting Aye: Commissioner Greer Chairman Retchin By a majority vote, Mr. Eugene A. Lees was appointed to serve a 3-year term on the New Hanover Memorial Hospital Board of Trustees. The term is to expire September 30, 1995. ADOPTION OF RESOLUTION FOR THE SALE OF $5,000,000 PARKS & RECREATION FACILITIES BONDS ~) Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer to adopt a resolution for the sale of $5,000,000 Parks & Recreation Facilities Bonds. 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 XVIII, Page 26. . '. . MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) 249 ~ ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION REQUESTING THE STATE TO RELEASE NEW HANOVER COUNTY'S SHARE OF STATE APPROPRIATED FUNDS FOR REGIONAL COUNCILS TO THE "REGION 0" COUNCIL OF GOVERNMENTS Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Greer to adopt a resolution requesting the State to release New Hanover County's share of funds in the amount of $14,254.14 to the "Region 0" Council of Governments at the earliest possible time in accordance with the provisions of Chapter 830 of the 1987 Session Laws. 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 XVIII, Page 26. ADOPTION OF RESOLUTION RATIFYING AUTHORIZATION FOR TENCARVA MACHINERY TO OBTAIN REPLACEMENT PUMPS FOR THE STEAM PLANT EXPANSION County Attorney Pope requested adoption of a resolution ratifying authorization for Tencarva Machinery to obtain replacement pumps for the Steam Plant expansion. Under normal circumstances, the County would have submitted a request for bids to acquire the pumps; however, due to time constraints, the pumps had to be obtained as quickly as possible in order to avoid a project delay; therefore, each Commissioner was contacted and agreed to authorize the purchase. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Greer to adopt the resolution ratifying the acquisition of pumps by Tencarva Machinery for the Steam Plant expansion. 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 XVIII, Page 26. REPEAL OF ACTION TAKEN ON SEPTEMBER 4, 1990, DENYING A REQUEST BY ROBERT PEARSALL AND NATALIE NYE FOR MODIFICATION OF SPECIAL USE PERMIT #S-241 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT THE PEARSALL COMMERCIAL MARINA LOCATED ON THE NORTHEAST CAPE FEAR RIVER County Attorney Pope requested the Board to reconsider action denying an amendment to the Special Use Permit submitted by Pearsall Marina which would allow the sale of alcoholic beverages. He stated since issuance of the Special Use Permit in 1985, which prohibited the sale of alcoholic beverages, the City of Havelock, North Carolina, entered into a court case under the same circumstances with a ruling being rendered by the courts stating that cities and counties lack the authority to regulate the sale of alcohol through their zoning powers, such as Special Use Permits. County Attorney Pope requested authority to enter into a Consent Judgment in this matter which would grant the amendment requested by Ms. Natalie Nye and Mr. Robert Pearsall and allow the sale of alcoholic beverages. He stated if the Board does not wish to reconsider previous action, the matter will have to go through the court system with a slim chance of winning the case. A lengthy discussion was held on the County's ability to grant a Special Use Permit with a condition prohibiting the sale of alcoholic beverages based upon findings that the sale of alcoholic beverages would be injurious to the surrounding neighborhoods, and at the same time not having authority to enforce the condition. I t was the consensus of the Board that future non-conforming use applications will have to be reviewed very closely to ensure that the use will not negatively impact on surrounding and adj acent properties since the County does not have authority to control the sale of alcoholic beverages. Motion: After further discussion, Commissioner Mathews MOVED, SECONDED by Commissioner Greer to authorize the County Attorney to enter into a Consent Judgment with the courts which will allow ~ ( 2:5 efNUTES OF REGULAR MEETING. OCTOBER 15. 1990 ( CONTINUED) the Pearsall Marina to sell alcoholic beverages. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Retchin recessed the meeting for lunch from 12: 30 o'clock P.M. to 1:05 o'clock P.M. PERFORMANCE EVALUATION OF COUNTY MANAGER Each member of the Board rated the first six months of performance by County Manager O'Neal as above-standard in every category. Exceptional performance ratings were given on communication and organizational skills. Emphasis was also placed on the Manager's ability to set goals and objectives. It was agreed by all that his performance is exceptional and quite satisfactory. o County Manager O'Neal expressed appreciation for the positive performance and presented the following goals: 1. Capital Improvements Program: A format is being developed for implementation of this program which will allow the County to set goals and priorities. This program will be most helpful in preparing annual budgets. 2. Pay and Classification Study: provide an overall objective classifications for department employees. The study should review of pay and heads and county 3. Strategic Plan: Before planning process with should develop a Mission strengths and weaknesses. developing a strategic the community, the County Statement and assess its 4. Seek Funding Sources for County-wide Sewer System: Funding sources should be developed for completion of the county-wide Sewer System. o 5. In-House Study of Fee Structure: The fee structure should be reviewed and consolidated to provide a more user friendly system for citizens of the County. User fees are the current trend and are being used more frequently by municipalities and and counties throughout the country. 6. Recycling must be and the County. and Environmental Concerns: The public better educated on the solid waste issue system already in place in New Hanover Chairman Retchin, on behalf of appreciation to County Manager O'Neal for stated the Board will look forward to accomplishing these objectives. the Board, expressed the goals presented and working with him in EXECUTIVE SESSION Chairman Retchin requested a motion to convene to Executive Session to discuss a personnel matter. Motion: Vice-Chairman Barfield MOVED, O'Neal to convene from Regular Session discussion of a personnel matter. Upon UNANIMOUSLY. SECONDED by Commissioner to Executive Session for vote, the MOTION CARRIED ~\ , ~ Chairman Retchin convened to Executive Session at 1:37 o'clock P.M. Motion: Commissioner Greer MOVED, SECONDED by Commissioner O'Neal to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. . . . MINUTES OF REGULAR MEETING, OCTOBER 15, 1990 (CONTINUED) ~ 251 Chairman Retchin reconvened to Regular Session at 2:47 o'clock P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Community Food Center, Inc. Commissioner Greer inquired as to the memorandum forwarded by the Budget Officer notifying the County Manager that the agreement for the designated agency to administer the commodities program was with the Food Bank of Coastal Carolina, Inc., which was incorporated in September of 1990, instead of Community Food Center, Inc. Chairman Retchin stated Community Food Center, Inc. had not been incorporated at that time; therefore, the agreement was placed under the Food Bank of Coastal Carolina, Inc., until the new agency is assigned this responsibility. Approval of Funding Participation in 1-40 Economic Impact Study Commissioner Greer commented on the I-40 Economic Impact Study and recommended that New Hanover County participate in funding of the study. Motion: After discussion of surrounding cities and counties participating in funding of the study, Commissioner Greer MOVED, SECONDED by Commissioner Mathews to approve funding in the amount of $500 for performance of the I-40 Economic Impact Study. Upon vote, the MOTION CARRIED UNANIMOUSLY. Update on Status of Vacant Mobile Home Located on Oakley Road Commissioner Greer requested the status of the vacant mobile home located on Oakley Road and inquired as to whether the site has been inspected. County Manager O'Neal stated the Inspections Department has inspected the site and a report will be forwarded to the Board. ADJOURNMENT Motion: Commissioner Greer MOVED, SECONDED by Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 3:35 o'clock P.M. ~e?Z::d' '--"'C: F. Harrell Clerk to the Board. ~