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1992-05-04 Regular Meeting . . . -.., MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 899 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 4, 1992, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Fred Retchin; William H. Sutton; Vice-Chairman Robert G. Greer; Chairman E. L. Mathews, Jr.; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Mathews called the meeting to order and welcomed all persons present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Mathews asked if anyone from the general public would like to present an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. No items or comments were received. APPROVAL OF CONSENT AGENDA Commissioner Retchin requested removal of Consent Agenda Item #1 for discussion at the end of the meeting. Vice-Chairman Greer requested removal of Consent Agenda Item #2 for discussion at the end of the meeting. commissioner Barf ield requested removal of Consent Agenda Item #8 for discussion at the end of the meeting. County Manager O'Neal requested removal of Consent Agenda Item #4 for further review by Staff. This item will be presented at a later date. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to approve the Consent Agenda as presented with removal of Consent Agenda Items 1, 2, 4, and 8. Upon vote, the MOTION CARRIED UNANIMOUSLY. Approval of Budget Amendment #92-0179 - Health Department/Home Health The Commissioners approved the following Budget Amendment: 92-0179 Health Department/Home Health Credit Debit Health Department/Home Health Home Health Fees - Medicare $285,000 Contracted Services Departmental Supplies $240,000 $ 45,000 Purpose: To increase Home Health's budget for expenses related to additional visits. No County dollars are required, and expenses will be reimbursed from revenues. Approval of Consolidated Contract Between the State of North Carolina and New Hanover County Health Department The Commissioners approved the Consolidated Contract between the State of North Carolina and the New Hanover County Health Department. The Consolidated Contract for FY 1992-93 contains terms and conditions applicable for the activities involving state ~ /~ I I I MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 9o.0 funding. state funding under this contract totals $1,021,351 in grants and $229,770 in escrow from Title XIX for a total of $1,251,121. The Chairman was authorized to execute the contract documents. Adoption of Resolutions for Adding Roads to the State Highway System The Commissioners adopted resolutions adding the following roads to the state Highway System: Oak Bluff Lane, Raintree Subdivision Snapper Lane, Wilmington Beach Roads in sections 2-4 of Gorman Plantation Roads in sections 1-7 of Ivywood Subdivision Roads in sections 10-14 of Woodberry Subdivision () Copies of the resolutions are hereby incorporated as a part of the minutes and are contained in Exhibit Book XIX, Page 35. Acceptance of change Order Report #24 for Period Ending April 23, 1992 The Commissioners accepted Change Order Report #24 as presented by the Deputy County Manager. A copy of the report is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 35. PRESENTATION OF THE "1992 JOHN M. DOLAN FIREMAN OF THE YEAR AWARD" TO GARY ROWE OF THE WINTER PARK VOLUNTEER FIRE DEPARTMENT Chairman Mathews introduced Mrs. John M. Dolan and requested members of the family to stand and assist with presentation of the award, which was established in memory of former county Commissioner John M. Dolan. Chairman Mathews, on behalf of the New Hanover County Board of Commissioners, congratulated and presented a plaque to Mr. Gary Rowe of the winter Park Volunteer Fire Department for being selected as the recipient of the "1992 John M. Dolan Volunteer Fireman of the Year Award". () Commissioner Barfield, on behalf of the Board of Fire Commissioners, congratulated and presented a jacket to Mr. Rowe. Mrs. Dolan congratulated Mr. Rowe for being selected the 1992 Volunteer Fireman of the Year and expressed appreciation to the Board for allowing her to participate in the awards ceremony. ADOPTION OF PROCLAMATION DECLARING THE WEEK OF MAY 3-9, 1992, AS "CLERKS TO THE BOARDS OF COUNTY COMMISSIONERS' WEEK" IN NEW HANOVER COUNTY County Manager O'Neal introduced a proclamation declaring the week of May 3-9, 1992, as "Clerks to the Boards of County Commissioners' Week" in New Hanover County and stated municipal clerks have proclaimed a week for several years in recognition of their clerks; however, this is the first year that County Clerks have been recognized. He commented on the vital role of the Clerk to the Board and complimented Lucie F. Harrell for the outstanding job she performs. commissioner Retchin complimented the Clerk for the exceptional job performed and stated this recognition is truly deserved. () Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt a proclamation declaring the week of May 3-9, 1992, as "Clerks to the Boards of County commissioners' Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews, on behalf of the Board, presented the proclamation to the Clerk, in recognition of her service. !~ <~. I.,." ~ 0, ~,,,..:., ~ . . MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 901: A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 35. . ADOPTION OF RESOLUTION URGING THE NORTH CAROLINA GENERAL ASSEMBLY TO ADOPT LEGISLATION TO ENABLE A DECREASE IN OPERATING COSTS AND IN THE FINANCIAL BURDEN FOR LOCAL GOVERNMENTS County Manager 0' Neal commented on the budget constraints being experienced by all local governments and presented a resolution urging the North Carolina General Assembly to adopt legislation to enable a decrease in operating costs to relieve the financial burden being placed on local governments. Emphasis was placed on the following costs to counties and the importance of legislation to modify the current law to address these issues: -Cost of medical service to jail inmates. -Design cost for schools and other public buildings. -Thresholds for required architectural services for construction and repair of public buildings. Motion: Commissioner Retchin requested placing emphasis on the following sentence by underlining this statement in the resolution and MOVED, SECONDED by Chairman Mathews to adopt the amended resolution: To reduce state reimbursements or other countv sources of revenue in such circumstances is to raise local taxes by action of the leqislature. Upon vote, the MOTION CARRIED UNANIMOUSLY. . The resolution is to be forwarded to the local legislative delegation and North Carolina Association of County Commissioners. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 35. CONTINUATION OF BELK-BEERY TAX APPEAL FROM MEETING OF MARCH 16, 1992 Tax Administrator, Roland Register, commented on the Tax Appeal and stated due to commingling of real assets with personal assets in the store "fixtures" the auditor was instructed to work with Belk-Beery to allow for real property which lacked good documentation. As a result, the original finding of $1.88 million was reduced to $691,052. After discussion with Belk-Beery, the company is willing to accept the new value and recommendation of the Tax Department. commissioner Sutton stated Belk-Beery and the Tax Office have agreed upon the reduced value of $691,,052 which is satisfactory; however, he does not feel the penalty should be assessed. . Tax Administrator Register stated the Board would not be uniform in relieving the penalty since this case is not different from the findings where penalties were upheld for Exxon Company USA and Prime Equipment Company. He cautioned on inconsistency in assessment of penalties. commissioner Sutton agreed that all rulings should be uniform; however, in this case, there is no fixed figure, only a negotiated agreement, therefore, the penalty should not be assessed. Tax Administrator Register stated the State Law places the burden of maintaining accurate records, including disposal of personal property, on the taxpayer. The Tax Department is not responsible for correcting records, but is responsible for imposing values and assessing the necessary penalties. Discussion was held on whether interest was charged on the ~ ( ! MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 902 penalty. Tax Administrator Register stated interest has been charged for January, February, March, April and May, 1992. Interest has not been charged for the other years that the County did not have use of the money; therefore, if the money had been owned, the interest would have been charged at 10 1/4% annually. The penalty is only 10% annually, and it would be reasonable to assume that the County would expect the 10% to compensate for not having use of the money for that period of time. Motion: After discussion of the importance of being consistent in the application of penalties, commissioner Barfield MOVED, SECONDED by Chairman Mathews to accept the Tax Administrator's recommendation and uphold the penalty assessed to Belk-Berry with no further reduction to be made in value. The floor was opened for discussion. () Vice-Chairman Greer disagreed with paying a penalty on a disputed amount. commissioner Sutton stated Belk's would not have agreed to the negotiated value if they had known a penalty was going to be assessed. commissioner Retchin stated this is not a disputed amount but a negotiated amount and stressed the importance of assessing penalties in a consistept manner. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Chairman Mathews Voting Nay: Commissioner Sutton Vice-Chairman Greer () ADOPTION OF RESOLUTION AMENDING CHAPTER 6.5, ARTICLE V, SECTION 6.5-57 OF THE NEW HANOVER COUNTY CODE - DISCRIMINATION IN HOUSING Ms. Shirley Hart Berry, Chairperson of the New Hanover Human Relations Cqmmission, presented and requested adoption of a resolution amending the Fair Housing Ordinance due to a change in the Fair Housing Amendments Act of 1988, which now includes familial status and handicap as protected categories. If the County is to maintain its HUD "substantial equi valency" designation, the County Ordinance must be amended to incorporate these changes. Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to adopt the resolution amending Chapter 6.5, Article V, Discrimination in Housing, to comply to the changes in the Fair Housing Amendments Acts of 1988, as presented by the Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 36. The revised ordinance will be codified into the County Code. MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER , SEWER DISTRICT () Motion: commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Chairman Mathews convened from Regular Session at 7:05 P.M. Motion: commissioner Retchin MOVED, SECONDED by Commissioner Sutton to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 'iF' ~ ~~.~ l~~. , , MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 903 Chairman Mathews reconvened to Regular Session at 7:10 P.M. BREAK Chairman Mathews called a brea:k from 7:11 P.M. until 7:21 P.M. . PUBLIC HEARING TO CONSIDER ADOPTION OF THE N. C. DEPARTMENT OF TRANSPORTATION SECONDARY ROAD CONSTRUCTION PROGRAM FOR NEW HANOVER COUNTY Chairman Mathews opened the Public Hearing and recognized Ms. Marylyn Williams, a member of the North Carolina Board of Transportation. Ms. Williams, introduced District Engineer, Jim Cook, and Division Engineer, Doug Bowers, and complimented them for an excellent job in handling transportation needs for Division 3, District 3. She requested Mr. Cook to present the 1992-93 Secondary Road Program. . Mr. Jim Cook, District Engineer of Division 3, District 3 of the N. C. Department of Transportation, stated as required by General Statute 136-44.5, the Department of Transportation shall make a study of all state maintained unpaved roads in order to determine the unpaved mileage in each county and present the construction program before July 1, 1992. These milages are required to determine the secondary construction allocations to each of the counties. The allocation for the secondary construction funds are determined by dividing the total number of miles in the state times the statewide allocation as approved by the legislature. Secondary road construction allocations are based upon the amount of revenue generated by the gasoline taxi however, the final total will not be known until the end of the current fiscal year, June 30, 1992. Should there be a significant change in the County's allocation, the Department of Transportation will inform the County. Based on an unpaved mileage of approximately 10 miles in New Hanover County, compared to unpaved miles statewide, the secondary allocation is estimated at $87,;31 which is expected to be approved by the N. C. Board of Transportation in July. The Board of Transportation has approved a paving priority rating system having two paving priorities in each county, one for rural roads and one for residential/subdivision roads. A revised list of paving priorities was presented to the Board of County Commissioners due to the fact that Goff Drive was inadvertently omitted. Mr. Cook stated in order to comply to the N. C. Board of Transportation' s directives, while addressing overall county needs, the following Secondary Road Construction Program is presented for approval for the period of July 1, 1992, through June 30, 1993: Estimated July 1, 1992, Secondary Construction Allocation: $87,731 spot Stabilization, Paved Road Improvements, Safety Improvements, and Small B~idge Replacement 16.772 $70,959 . State Road 1894, Anaca Point Road Grade, Drain, Base, Surface and Erosion Control. From State Road 1403 to Dead End. Priority 3R 0.49 mile 25.000 $45,959 State Road 1488M, Lancaster Street Grade, Drain, Base, Surface and Erosion Control. From end of pave- ment to State Road 1403. Priority 9S 0.32 mile 41.000 $ 4,959 ~ ( I MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 904 Rescue Squads, Volunteer Fire Departments and Contingencies 0.81 Goal 0.68 4.959 $ -0- commissioner Barfield expressed concern for the formula used to prioritize roads and stated Charter Drive has been on the priority list at position #10 for the past eight years with new roads being placed at a higher priority rating during that time. citizens of the County have called him and feel special priority is being given to certain individuals and sections of the County. He commented on the unfairness of the present formula and stated if and when the formula is changed, roads of long standing should be paved before adding new roads. () Mr. Cook stated since 1989 when roads were re-rated under the current formula, the only change in the County's program is the addition of Goff Drive as presented on the revised list. He stated a road in the top 10 must stay in the top 10 until paved; therefore, the list contains two 9's and 10's because these roads were in the top 10 when the re-rating occurred. This situation should not occur again, particularly with utilization of the Highway Trust Fund. Due to this fund, the Department of Transportation has been able to pave more roads in the last three years than in the past six to eight years; therefore, roads should move up the list more quickly. Ms. Williams stated roads are prioritized according to the number of homes, churches, businesses, vehicle traffic, and school bus routes with points given for each use and averaged for a priority rating. Some roads throughout the 6-county area have been on the list for 25 to 30 years, and if given an opportunity, she will suggest that some form of consideration be given to these roads. Chairman Mathews asked if anyone from the general public would like to comment. () No comments were received. Chairman Mathews closed the Public Hearing. Motion: Commissioner Sutton MOVED, SECONDED by Commissioner Retchin to approve the FY 1992-93 Secondary Road Construction Program as presented by the N. C. Department of Transportation. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Retchin commissioner Sutton Vice-Chairman Greer Chairman Mathews Voting Nay: Commissioner Barfield commissioner Barfield stated, for the record, he voted no because of the unfairness of the formula used for establishing road paving priorities. A copy of the 1992-93 Secondary Road Construction Program is hereby incorporated as a part of the minutes and is contained in Exhibit Book XIX, Page 36. () POSTPONEMENT OF PUBLIC HEARING TO CONSIDER AN INSTALLMENT PURCHASE CONTRACT WITH CAPE FEAR UTILITIES COMPANY, INC. AND MASONBORO UTILITIES COMPANY, INC. FOR PURCHASE OF THE SEWAGE COLLECTION SYSTEM Chairman Mathews stated, at the request of Staff, this item has been postponed until the regular meeting of May 18, 1992. ~ . . . ,!1:(;:I~. ., ~ ~.~..: . ' MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 905 PUBLIC HEARING TO CONSIDER NAMING THE WESTERN END OF ROCKHILL ROAD TO WHITTED CIRCLE AND ASSIGNMENT OF SEQUENTIAL HOUSE NUMBERS (SN- 64, 5/92) Chairman Mathews opened the Public Hearing. Planning Director, Dexter Hayes, recommended naming the western end of Rock Hill Road, in Cape Fear Township to Whitted Circle and assignment of sequential house numbers in order to improve the delivery of county services and response of emergency vehicles to residents living on this road. Chairman Mathews asked if anyone from the general public would like to speak in favor of or in opposition to the proposed road name and house number assignments. No comments were received. Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt the proposed orders naming the western end of Rockhill Road to Whitted Circle and assigning sequential house numbers on that road. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the orders are hereby incorporated as a part of the minutes and are contained in Exhibit Book XIX, Page 36. DISCUSSION OF PROPOSED MOBILE HOME SUBDIVISION ALONG THE WEST SIDE OF NAVAHO TRAIL ADJACENT TO LANSDOWNE SUBDIVISION Planning Director Hayes stated under current law, single-wide mobile homes and double-wides with or without permanent masonry foundations and gabled roofs are permitted by right in the R-15, R- 10, and AR Residential Zoning Districts. A special use permit is required if these structures are to be located in the R-20 or RA Residential Zoning Districts. In June, 1982, the County amended the Zoning Ordinance to permit double-wides by right in all Residential Districts except R-20S provided the unit measured at least 24 feet by 40 feet, had a gabled roof, was permanently affixed to a continuous masonry foundation, and had its wheels, axles, transportation lights and towing apparatus removed. These amendments have been in place for ten years and were originally initiated by the County Commissioners and Staff. The reason and purpose for the amendment was based upon the fact that modern double-wide manufactured homes have evolved to become a valuable housing resource, particularly for lower and moderate income families and that the construction standards imposed for the units increased their compatibility with conventional detached single- family dwellings. In considering ways to provide greater control over the location of mobile homes in the County, careful consideration must first be given to State limitations imposed on local governments. The General Assembly adopted regulations _effective August 17, 1987, that prohibit a city or county from adopting or enforcing zoning regulations which have the effect of excluding manufactured homes from their planning jurisdictions. These Session Laws do permit the jurisdictions to adopt and enforce appearance and dimensional criteria to protect property values and to preserve the character and integrity of the community or individual neighborhoods. Because the County now provides multiple location opportunities for manufactured homes, it is in general compliance with the State Statute; however, if changes are adopted, they must not be in conflict with the. State Law. The following options were presented: 1. Require a special use permit for single-wides and double- wides without permanent foundations in R-15, R-10, and AR Districts: Pros: ~ ( ~ PAGE. 90.6 MINUTES OF REGULAR MEETING, MAY 4, 1992 Cons: a. Greater control is achieved. b. This option assures greater certainty in the range of permitted uses by district classification. c. This option allows adjoining landowners a greater voice in location of mobile homes. d. This option is not inconsistent with state Law. () a. This option will make it more difficult for certain low and moderate income families to secure housing. b. This option injects a certain amount of emotion into the hearing process which could lead to arbitrary and inconsistent decisions. c. This option would result in a substantial volume of public hearings and administrative work. (The County presently issues approximately 400 special use permits per year.) 2. continue to permit mobile homes in the various districts but establish additional design, buffer and setback criteria. Pros: Cons: a. This option gives the County greater control and the ability to assure that competing land uses are developed in a way to promote mutual compatibility. b. This options allows landowners to know that if adjoining property is going to be developed with uses dissimilar to their situation, adequate design criteria can be imposed to provide safeguards for their neighborhoods. () c. This option provides greater certainty in land use transitions and along the edges of existing development. a. It may be difficult to determine what level of design will be adequate to promote compatibility and to ensure smooth transition between competing land uses. b. It would limit the locational choices of affordable housing. 3. Establish a separate manufactured home sUbdivision classification and require a special use permit. Pros: Cons: a. The ordinance already establishes a separate special use permit for a mobile home park. () b. This option would give the County greater control. c. This option would establish greater certainty in the potential use of adjoining lands. d. This option provides the adj oining landowners a greater voice. e. This option is not inconsistent with state Law. -.., MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 907 a. This option creates more difficulty for the low and moderate income families to secure housing. b. This option injects a certain amount of emotion into the hearing process which could lead to arbitrary and inconsistent decisions. . c. This option would not address the location of manufactured homes on individual properties. d. This option would result in a substantial volume of public hearings and administrative work. In summary, the County should proceed cautiously in adopting policy changes that will impact upon affordable housing. Of the 57,000 housing units available in the County, 36,000 or 63% can be classified as conventional single-family housing. The remainder are either mUlti-family units or manufactured homes. Manufactured homes account for approximately 9% of the County's housing. The most recent count indicates approximately 5,600 total units in the County. commissioner Retchin stated after reading the recommendations from the Planning Department he would recommend consideration of an ordinance establishing a buffer zone of not less than 500 feet between a mobile home subdivision and a subdivision where there are restricted covenants in the deeds. He requested the Director of Planning to comment on this recommendation. Planning Director Hayes commented on the difficulty of establishing criteria to determine when property becomes a subdivision and stated a 500 foot buffer is a large area. . commissioner Retchin asked if the subdivisions could be identified by deed covenants. Planning Director Hayes stated title searches for each piece of property would have to be performed, which would require a great deal of time as well as additional administrative work. He also expressed concern for the County regulating development through restricted covenants and stated growth regulations should be developed based upon the safety, health, and welfare of the citizens. commissioner Sutton recommended utilization of the homeowner associations for identification of deed covenants. After further discussion, Commissioner Retchin recommended using the special use process for placement of a mobile home within a 500 foot buffer area. Further discussion was held on the number of public hearings that would be required for granting special use permits. Planning Director Hayes estimated approximately 4-6 special use permit hearings monthly. . Assistant County Manager, Dave Weaver, stated the Planning Commission or Zoning Board of Adjustment could be designated as the Board to hold public hearings when considering issuance of special use permits for this purpose. commissioner Retchin stated he would prefer that the Commissioners control the special use process; however, if the workload becomes too heavy, these boards could be considered. Planning Director Hayes stated the Planning Commission will be reviewing the various options at the next meeting. Their recommendations will be presented to the Commissioners at the first meeting in June. commissioner Barfield inquired as to whether some form of delay can be utilized until recommendations can be presented at the ~ ( MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 908 first meeting in June. Assistant County Attorney, Kemp Burpeau, stated in order to establish any type of delay, an immediate health problem or police emergency must exist. Vice-Chairman Greer cautioned rushing into making a decision and stated ample time should be taken to prepare an ordinance that will address and fairly correct this problem. () commissioner Sutton emphasized the importance of protecting the integrity of the neighborhood and stated additional regulations must be adopted to avoid future situations of this type. Chairman Mathews asked if anyone from the general public would like to comment. The following remarks were received: Mr. Eston Brinkley expressed concern for protection of affordable housing to low to moderate income families and strongly objected to singling out one group of housing. He requested the Zoning Ordinance to remain unchanged since it has satisfactorily allowed individuals the right to select this type of housing. Pictures were presented showing the various types of manufactured homes. commissioner Retchin stated the members of the Board are not against manufactured homes and certainly support the industry; however, the Board is trying to develop regulations that will protect well established neighborhoods as well as the right of persons desiring manufactured housing. Ms. Barbara Bleaking, a resident of Chelsea Lane in Lansdowne SUbdivision, expressed concern for Mr. Brinkley feeling that residents of Lansdowne are opposed to manufactured housing or the persons living in these homes. The residents of the neighborhood are simply concerned about restrictive covenants being broken which would devalue property in the community. () Chairman Mathews expressed appreciation to the general public for their comments and stated the Board will further study this issue and try to make a decision that will be fair to all parties involved. COMMITTEE APPOINTMENTS Reappointment of sylvia Polgar to Serve on the Southeastern Center for Mental Health, Developmental Disabilities and Substance Abuse Services and Approval of Request to Limit the Number of Board Members to Fifteen Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to reappoint Sylvia Polgar to serve a 3-year term on the Southeastern Center Board in Category 4. The term is to expire March 31, 1995. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to limit the number of Board Members to 15 as requested by the Southeastern Center Area Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. () ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Financial Reports commissioner Sutton requested assistance with receiving a financial report that will reflect current figures on expenditures versus revenues. He also inquired as to whether the County is $5,000,000 ahead of the current FY 1991-92 Budget. County Manager O'Neal stated the County is now ahead of the current budget due to downsizing; however, the exact figures for FY , ~ ~ :f~;'~f MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 909 1991-1992 will not be available until the Financial Report is completed in the fall. Expenditure and revenue patterns are seasonal due to the collection of taxes; therefore, it is difficult to prepare a monthly report to reflect expenditures versus revenues. . Discussion was held on the monthly financial reports. Commissioner Retchin stated once a pattern is established with the monthly finance reports over a period of time, the report will become more meaningful and easier to understand. commissioner Sutton stated he is not being critical of the monthly reports, but would appreciate any assistance possible in furnishing information that will compare expenditures versus revenues. Discussion of Accepting Trash from Other Counties commissioner Sutton expressed concern for hearing that New Hanover County will not receive trash from other sources for incineration when in the month of March the County burned $12,000 of gas keeping the boilers hot. He stated additional revenue in the range of $100,000 could be generated if trash was accepted during the slow months. County Manager O'Neal stated after an experience rate is firmly established, the County will pursue this option. Discussion was held on incineration becoming a form of recycling. Commissioner Retchin stated the N. C. Association of County Commissioners is supporting an effort to allow incineration to become a form of recycling for reduction of the waste stream. . ADDITIONAL ITEMS - COUNTY MANAGER withdrawal of Bid Award to Insight Builders for wrightsboro CDBG project Staff Planner, Wanda Coston, stated Insight Builders has requested withdrawal of one of their two bids due to a substantial clerical error. The Board was requested to allow the low bidder, Insight Builders, to withdraw this bid and award the contract to the next lowest bidder, South East Construction. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to allow Insight Builders to withdraw the bid and award the bid to next lowest bidder, South East Construction, along with award of the following low bids: South East Construction ABBA Enterprises Insight Builders $34,296.00 $ 6,044.17 $ 8,087.00 . Upon vote, the MOTION CARRIED UNANIMOUSLY. Budget Work Sessions Scheduled for May 21 and May 22, 1992 _ County Manager O'Neal recommended scheduling budget work sessions on.May 21 and May 22 from 9:00 A.M. until 5:00 P.M. to discuss the proposed FY 1992-93 Budget. H~ also recommended that the budget be adopted on June 1, 1992. Since outside agencies have been informed of the 10% reduction, the Board may wish to eliminate these hearings and have any concerned agencies to appear before the Board at the Public Hearing for adoption of the budget on June 1, 1992. commissioner Retchin expressed concern for holding the Public Hearing for the proposed budget and adopting the budget at the same meeting. He recommended holding the Public Hearing on the proposed FY 1992-93 Budget on June 1, 1992, and adoption of the budget on June 1;>, 1992. ~ ( I I I i I I I i ~ MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 910 Discussion was held on placing a time limit to hear budget requests from New Hanover County Schools, Cape Fear Communi ty College, the Sheriff's Department, Health Department, and Department of Social Services. commissioner Retchin recommended establishing 10-minute time limits for each presentation. commissioner Sutton expressed concern for establishing a time limit for the school budget. () Vice-Chairman Greer stated the time limit will be apply to the presentation, not the question and answer period. Consensus: After further discussion, it was the consensus of the Board to hold the Public Hearing to receive comments on the proposed FY 1992-93 Budget on June 1, 1992, with adoption of the budget on June 18, 1992. Budget Work Sessions are to be scheduled on May 21, and May 22, 1992, from 9:00 A.M. until 5:00 P.M. in the Assembly Room of the New Hanover county Courthouse. Staff was directed to inform all agencies to limit their budget presentations to 10 minutes. Acceptance of 1992 Hammy Award - Habitat for Humanity County Manager O'Neal commented on attending the annual meeting of Habitat for Humanity and accepting a "1992 Hammy Award" in recognition of the County's support of this program. He stated this agency is providing an exceptional service to our community and presented a poem written by a citizen expressing her appreciation to this group for allowing her to participate in the program and become a homeowner. Recognition of Boy Scout Matthew Lindsey Chairman Mathews, on behalf of the Board, welcomed and recognized Boy Scout Matthew Lindsey of Troop 266 of Wesley Memorial Methodist Church and wished him success in obtaining his Community citizenship Badge. C:j Reminder of N. C. Association of County commissioners' Legislative Briefing to be Held on June 10, 1992 Clerk to the Board, Lucie F. Harrell, reminded the Commissioners of the North Carolina Association of County Commissioners' Legislative Briefing to be held on June 10, 1992, in Raleigh, North Carolina. The Commissioners were requested to notify the Clerk if they plan to attend in order to comply to the registration deadline of June 1, 1992. DISCUSSION OF CONSENT AGENDA ITEMS Denial of Bid Award #92-0369 (Contract #92-0369) to CompuCom Systems for Purchase of Microcomputer Equipment (Consent Agenda Item #1) - MIS Commissioner Retchin expressed concern for the proposed contract listing a percentage discount on a wide range of IBM computer equipment without a specific price for each item. He stated purchasing items of this type should be negotiated at the time needed rather than contracting with a single vendor for the purchase of these products on an annual basis. County Manager O'Neal stated the State is no longer providing state contract purchases to counties and municipalities for personal computer equipment; therefore, the County and many other counties are using the same state bidding packages for bulk purchases in order to save money. () Vice-Chairman Greer agreed with Commissioner Retchin and stated the proposed contract is very loose, and he would recommend the use of informal bids for the purchase of computer equipment as needed. ~ ti 't, MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 911 Mr. Howard Lindsey, a professional engineer and computer user, commented on the rapid change in computer equipment and recommended the possibility of third-party leasing. . Motion: After further discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to deny award of the bid for Contract #92-0369 and direct Staff to purchase the computer equipment involved as necessary on a negotfated bid basis. The floor was opened for discussion. County Manager O'Neal stated Staff will try to purchase the equipment on this basis; however, this method will require more processing by the Purchasing Department. commissioner Sutton requested Commissioner Retchin to amend the MOTION to include the consideration of local vendors in the bidding process. Amended Motion: Commissioner .Retchin MOVED, SECONDED by Vice- Chairman Greer to AMEND THE MOTION to include consideration of local vendors in the bidding process. Upon vote, the MOTION CARRIED UNANIMOUSLY. Action Deferred on Consent Agenda Item #2, North Carolina Non- warranty Deed for Conveyance of Seized Property to Pender county - Sheriff's Department Vice-Chairman Greer requested background information on Carolina Emergency Services Training Academy, Inc. and asked if the organization is private? . County Manager O'Neal stated the non-profit organization was established in Pender County to provide law enforcement training for law officers. The property was seized under Federal Forfeiture Statutes and awarded jointly to New Hanover and Pender Counties as equal tenants. If the property should cease to be used as a training facility, the County's portion would revert back to New Hanover County. commissioner Sutton recommended placing a dollar value on the property. commissioner Barfield stated Pender County officials made a presentation at a Board of Fire Commissioners meeting and proposed establishment of a regional law enforcement training center. He recommended deferring action on this request until the Board of County Commissioners can hear a presentation from these individuals. Motion: After further discussion, Vice-Chairman Greer MOVED, SECONDED by Commissioner Retchin to defer action on this item until a presentation can be heard from Carolina Emergency Services , Training Academy, Inc. and Pender County off icials. Upon vote, the MOTION CARRIED UNANIMOUSLY. . Discussion of utilizing Local Vendors for county Purchases Chairman Retchin emphasized the importance of utilizing local vendors when purchasing items for the County. For example, when bids were solicited for the parks master planning project, the distribution of bid packets. was a bi t selective. Staff was encouraged to make a concerted effort to see that local vendors are given an opportunity to submit bid proposals. commissioner Sutton stated on the parks master planning project, three qualified and experienced firms in Wilmington were very much interested in the parks project, but were not aware when bids were solicited. County Manager O'Neal stated the Purchasing Department will be informed of this request and all possible consideration of local vendors will be given in future bid solicitations. ~ ~ " MINUTES OF REGULAR MEETING, MAY 4, 1992 PAGE 912. Adoption of Resolution Authorizing the Sale of the Lucille Shuffler Building site by Advertisement for Sealed Bids Commissioner Barfield stated Crossroads is interested in utilizing the facility as a center to help children with school work and discourage the use of drugs. He commented on being supportive of this request and stated, however, in order to be fair to other non-profit agencies desiring to use the facility, the advertised sealed bid process should be followed. Discussion was held on the various methods of disposing of county owned property. County Manager O'Neal reminded the Board that the Commissioners have the right to reject all bids. () Chairman Mathews stated in order to be fair to all agencies interested in using the facility, the advertised sealed bid process should be used as agreed upon in the meeting of April 6, 1992. Motion: After further discussion, Chairman Mathews MOVED, SECONDED by Commissioner Retchin to adopt the resolution authorizing the sale of the Lucille Shuffler Building by advertisement for sealed bids pursuant to NCGS 160A-268. The floor was opened for discussion. Deputy County Manager Gornto stated the $120,000 minimum was inadvertently omitted from the resolution presented in the agenda packet; therefore, to include the $120,000 minimum value, the resolution must be amended. Chairman Mathews amended the MOTION to include the $120,000 minimum value, SECONDED by Commissioner Retchin. 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 XIX, Page 36. () EXECUTIVE SESSION County Attorney Copley requested an Executive Session to discuss pending litigation. Motion: Commissioner Retchin MOVED, SECONDED by Chairman Mathews to convene from Regular Session to Executive Session for discussion of pending litigation. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews convened to Executive Session at 9:22 P.M. Motion: Commissioner Retchin MOVED, SECONDED by Vice-Chairman Greer to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews reconvened to Regular Session at 9:28 P.M. ADJOURNMENT Motion: Commissioner Retchin MOVED, SECONDED by Commissioner Sutton to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Mathews adjourned the meeting at 9:29 P.M. () Respectfully submitted, o@iuv ~ Lucie F. Harrell Clerk to the Board r' ~