1989-02-06 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989
ASSEMBLY
The New Hanover County Board of Commissioners met in Special
Session on Monday, February 6, 1989, at 7:00 o'clock P.M. in the
General Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
W. Albert Corbett, Jr.; E. L. Mathews, Jr.; Vice-Chairman, Nolan
O'Neal; Chairman, Fred Retchin; County Manager, G. Felix Cooper;
County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F.
Harrell.
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Chairman Retchin called the Special Session to order stating
the purpose of the session is to evaluate the performances of the
County Manager, County Attorney, and Clerk to the Board. He
stated Commissioner Mathews had previously requested to be
excused from participating in the evaluations since he is the
newest Board Member and does not feel he can fairly evaluate
annual performances based on two months of service.
After discussion of whether to hold the evaluations in
Executive or Open Session, Commissioner Corbett MOVED, SECONDED
by Vice-Chairman 0' Neal to hold the performance evaluations in
Open Session. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Corbett
Vice-Chairman O'Neal
Chairman Retchin
4:
Excused: Commissioner Mathews
PERFORMANCE EVALUATIONS
Each County Commissioner evaluated the County Manager,
County Attorney, and Clerk to the Board commenting on their areas
of strengths and areas that can be improved upon.
Chairman Retchin stated merit raises budgeted for County
employees for Fiscal Year 1988/89 were limited to 2 1/2%;
therefore, the Board should follow this limit when approving
increases. After discussion, it was the consensus of the Board
to request present salaries for each staff member and defer
approving merit increases until February 20, 1989, in order to
review salary data furnished.
Chairman Retchin convened from' Special Session at 8:00
o'clock P.M.
BREAK
Chairman Retchin adjourned the meeting from 8: 00 0' clock
P.M. to 8:20 o'clock P.M.
REGULAR SESSION CALLED TO ORDER
Chairman Retchin called the Regular Session to order at 8:21
o'clock P.M.
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INVOCATION AND PLEDGE OF ALLEGIANCE
Planning Director Dexter Hayes gave the invocation.
Boy Scout members of Troop 255, Rick Williams; Brian Carey;
Timothy Green; and Joe Hooker, led the audience in the Pledge of
Allegiance to the Flag.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
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APPROVAL OF MINUTES
Commissioner Barfield MOVED, SECONDED by Vice-Chairman
O'Neal to approve the minutes of the Regular Meeting of January
17, 1989, as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to comment on an item not listed on the Regular Agenda
or an item listed on the Consent Agenda. No one commented.
APPROVAL OF CONSENT AGENDA
Commissioner Corbett requested removal of Item #5, Award of
bid for two Ford 350 4 x 4 cab trucks, and Item #25, Award of Bid
for purchase of a dump truck to be used at the Steam Plant,
stating he would like to discuss these items due to costs
involved.
After further discussion, Vice-Chairman 0' Neal MOVED,
SECONDED by' Commissioner Corbett to approve the Consent Agenda
removing Item #5 and Item #25 for discussion at the end of the
meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution for Addition of Road to State Secondary
Road System - Governing Body
The Commissioners adopted a resolution adding the following
road to the State Secondary Road System:
Silva Terra Drive - (Division File #607-N)
A copy of the resolution is contained in Exhibit Book XVI,
Page 44.
Adoption of Amendment to County Personnel Policy, Article VII,
Section 13, "Advancing Sick Leave" - Personnel Department
The Commissioners adopted an amendment to Article VII,
Section 13 of the Personnel Policy entitled, "Advancing Sick
Leave" . The purpose of the revision is to provide stricter
parameters on facilitating the administration of advanced sick
leave.
A copy of the amendment is contained in Exhibit Book XVI,
Page 44.
Acceptance of Recommendations by Tax Administrator for Compromise
of Department of Motor Vehicles Civil Penalties
The Commissioners accepted the recommendations submitted by
the Tax Administrator for compromise of DMV Civil Penalties.
44.
Copies of the lists are contained in Exhibit Book XVI, Page
Approval for Sale of Drug Enforcement Agency Donated Vehicle -
Sheriff's Department
The Commissioners declared a 1976 Lincoln Continental,
VIN#6Y82A918515, as surplus property and authorized the County
Finance Director to dispose of the vehicle through advertisement
and the bid process.
Authorization for Register of Deeds to Dispose of Records
The Commissioners authorized disposal of the following
records as requested by the Register of Deeds:
1. Jurors - List of (G.S. 9-4, 9-7) Years 1984 and 1985.
2. Uniform Commercial Code (G.S. 25-9, 491FF) Years
1979 and 1980.
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3 8 nrNUTES OF REGULAR MEETING, FEBRUARY 6, 1989 ( CONTINUED)
Approv&l 5f Am~fi~~~ ~y:y and Sell Agreement Between Rosa Bell
Simmons and New Hanover County - Legal Department
The Commissioners approved an amended Buy and Sell Agreement
between Rose Bell Simmons and New Hanover County authorizing full
payment of the purchase price ($13,000) to Rose Simmons for real
property located at 17 South 8th Street. The Chairman was
authorized to execute the agreement.
A copy of the amended Buy and Sell Agreement is on file in
the County Manager's office.
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Adoption of Proclamation Designating "Child Passenger Safety
Awareness Week" in New Hanover County - Health Department
The Commissioners adopted a proclamation designating the
week of February 12-18, 1989, as "Child Passenger Safety
Awareness Week" in New Hanover County. The Chairman was
authorized to execute the document.
A copy of the proclamation is contained in Exhibit Book XVI,
Page 44.
Approval for Sale of 105 Surplus voting Machines - Board of
Elections
The Commissioners declared 105 surplus voting machines as
surplus property authorizing the County Finance Director to
dispose of this equipment as required by the General Statutes.
Approval of Budget Amendment #89-0139 - Allocation of Community
Based Alternative Grant
The Commissioners approved the following Budget Amendment:
89-0139 Community Based Alternatives/Various Agencies
Debit
Credit
Community Based Alternatives Grants
Cultural Enrichment
$4,526
1,048
II
Juvenile Restitution
Brainstorming
Big Buddy
$2,000
1,704
1,870
Purpose:
(1) Human Services Allocation Advisory Committee's
recommendation on allocating additional CBA
funds.
(2) Re-allocation of Cultural Enrichment funds as
State would not approve funding for this
purpose.
Approval of Budget Amendment #89-0141 Health Department
Expansion
The Commissioners approved the following Budget Amendment:
89-0141 Health Department Expansion
Debit
Credit
Public Health/Health Department Expansion
operating Transfers in (from General Fund)
Transfers In (from 1/2 cent Sales Tax Fund)
Contingency
$ 35,311
290,590
931,048
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Public Health/Health Department Expansion
General Contract
Electrical
HVAC
Plumbing
$828,927
106,399
256,190
65,433
Non-Departmental
Appropriated Fund Balance
$35,311
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
3,8.5
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Non-Departmental/Transfer to Other Funds
Transfer to Other Funds/Health Department
Expansion/Capital Project
$ 35,311
Purpose: To cover contracts on the Health Department expansion
(Commissioners approved additional funds for the expansion on
10/17/88).
Approval of Budget Amendment #89-0142 Mental Health Detox
Center
The Commissioners approved the following Budget Amendment:
89-0142 Outside Agencies/Southeastern Mental Health Detox Center
Debit
Credit
Outside Agencies/Southeastern Mental Health
Detox Center
Contributions from Southeastern Mental Health
Operating Transfers In (from General Fund)
Interest on Investments
$221,500
325,500
160
Outside Agencies/Southeastern Mental Health
Detox Center
Electrical
HVAC
Plumbing
General Contract
Contingency
$ 92,024
177,749
74,768
157,556
45,063
Non-Departmental
Appropriated Fund Balance
$325,500
Non-Departmental/Transfer to Other Funds
Transfer to Other Funds/Detox Center
$325,500
Purpose: To cover contracts on Southeastern Mental Health Detox
Center. (Commissioners approved additional funding for Detox
Center on 10/17/88. The Southeastern Mental Health Center will
pay back County funds over the next ten (10) years.)
Approval of Budget Amendment #89-0143 - Personnel Department
The Commissioners approved the following Budget Amendment:
89-0143 Non-Departmental/Personnel Department
Debit
Credit
Non-Departmental
Contingency
$9,785
Personnel Department
Advertising
Capital Outlay - Equipment
$6,000
3,785
Purpose: To offset an increase in advertising for the Personnel
Department and to purchase a computer.
Approval of Budget Amendment #89-0144 - Cell #3 - New Hanover
County Landfill
The Commissioners approved the following Budget Amendment:
89-0144 Solid Waste/Landfill/Cell #3
Debit
Credit
Interest on Investments
Installment Loan
Contingencies
$ 7,500
184,551
73,268
General Contract
Other Construction
$163,577
101,742
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38 EjIINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
Purpose: To update budget to reflect approved change orders -
funded through First Union National Bank loan proceeds.
Approval of Budget Amendment #89-0145 for Entry Into the Record
The following Budget Amendment was approved by the Budget
Officer and reported for entry into the record:
89-0145 Non-Departmental and Administration
Debit
Credit
Non-Departmental
Miscellaneous
$ 2,200
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Administration
Departmental Supplies
$ 2,200
Purpose: Transfer of funds from Non-Departmental/Miscellaneous
to Administration/Departmental Supplies for additional supplies.
Budget Amendment #89-0147 Reported for Entry Into the Record
The following Budget Amendment was reported for entry into
the record for accounting purposes only:
89-0147 Outside Agencies
Transfer of private, non-county agencies from separate agencies
to separate line items in one agency so the budget will be easier
to follow. All non-county agencies receiving County funding are
being transferred to one agency.
Report of Budget Amendment #89-0152 for Entry Into the Record
The following Budget Amendment was reported for entry into
the record:
89-0152 Outside Agencies/Department of Social Services
Debit Credit
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Outside Agencies/Child Protection Facility
Contribution to Outside Agencies $40,000
Department of Social Services/Receiving Home
Contingency
$40,000
Purpose: To transfer funds to Department of Social Services for
Receiving Home as approved by the Commissioners on 10/17/88.
Approval of Budget Amendment #89-0153 for Emergency Medical
Services Building Renovation
The Commissioners approved the following Budget Amendment:
89-0153 Emergency Medical Services Building Renovation
Debit
Credit
Sales Tax Refund
Interest on Investments
$ 3,170
16,420
Transfer to General Fund
$19,590
Purpose: Transfer project revenue not required for EMS Building
renovation to General Fund, which is necessary to close fund.
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Approval of Budget Amendment #89-0154 - Hugh MacRae Soccer Field
Project - Parks & Recreation Department
The Commissioners approved the following Budget Amendment:
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
"3~8:7 .,
89-0154 Recreational Services/Hugh MacRae Soccer Field Project
Debit
Credit
Hugh MacRae Soccer Field Project
Operating Transfer In (from General Fund)
$99,000
General Contractor
Capital Outlay - Equipment
$94,000
5,000
Purpose: To establish budget for FY/1988-89 portion of Hugh
MacRae Soccer Field Project (funds were budgeted in General Fund
when budget was adopted).
Approval of Budget Amendment #89-0155 for Acceptance of Increase
in State Grant for HIV (AIDS) Testing - Health Department
The Commissioners accepted an increase in State funds for
HIV testing in the amount of $5,625 and approved the following
Budget Amendment to adjust the budget:
89-0155 Health Department/Epidemiology/Environmental Health
Debit
Credit
Epidemiology
Federal CTS Funds
Salaries
Capital Outlay - Equipment
Uniforms
$5,625
1,644
400
300
State Funds/AIDS Education
Copying
Departmental Supplies
Dues and Subscriptions
Employee Reimbursement
Travel
$ 500
300
5,269
200
750
950
$ 920
$ 920
Environmental Health
Salaries
Contracted Services
Purpose: To adjust budget for increase in grant funds for HIV
testing.
Approval of Budget Amendment #89-0156 for Increase in State Grant
Funds for WIC Program and Approval of Two ( 2) State Funded
Positions - Health Department
The Commissioners approved two state funded positions, one
Nutri tion I and one Clerk Typist III, with approval of the
following Budget Amendment:
89-0156 Health Department/WIC
Debit
Credit
WIC Health Grant
$36,881
Salaries
FICA
Retirement
Medical Insurance
Departmental Supplies
Travel, Meetings, and Schools
Capital Outlay - Equipment
$24,425
2,403
2,653
2,520
2,604
786
1,490
Purpose: To adjust budget for increase in grant funds for WIC
Program and approve two (2) positions for the WIC Program pending
approval by the Board of Health.
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'38r8NUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
Award of Bid to All Span Building Systems, Inc. for Concession
and Rest Rooms at Hugh MacRae Athletic Complex
The Commissioners awarded the low bid in the amount of
$53,000 to All Span Building Systems, Inc. for construction of
concession and rest rooms at the Hugh MacRae Athletic Complex.
The Chairman was authorized to execute the contract.
The following bids were received:
All Span Building Systems, Inc.
Luther T. Hodges, Inc.
William R. Morris Construction
$53,000
$65,900
$75,000
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A copy of the contract is on file in the County Manager's
office.
Waiver of Landfill Tip Fee to Historic Wilmington Foundation for
Removal of Materials from the de Rosset House
The Commissioners approved a waiver of the landfill tip fee
as requested by the Historic Wilmington Foundation for removal of
materials from the de Rosset House.
Acceptance of Clocks from Reeds Jewelers for Use in New Airport
Terminal
The Commissioners accepted an offer by Reeds Jewelers to
provide, as a gift, a large solar powered clock and two interior
clocks to be used in the new Airport Terminal. The staff was
authorized to work with the consultants to properly locate the
clocks.
Approval of Budget Amendment #89-0158 for Lease Payment of
Coastline Convention Center
The Commissioners approved the following Budget Amendment:
Debit Credit
o
89-0158 outside Agencies/Coastline Convention Center
County Commissioners
Contracted Services
$40,000
Outside AgenCy/Coastline Convention Center
Coastline Convention Center - Lease
$20,000
Non-Departmental
Contingency
$20,000
Purpose: To transfer funds for six months of the lease payment
for the Coastline Convention Center (a full year's lease payment
was budgeted in the Commissioners' budget).
Adoption of Resolution Accepting Offer to Purchase Surplus Real
Property OWned Jointly by the City of Wilmington and New Hanover
County
The Commissioners adopted a resolution accepting an offer in
the amount of $180 from Robert Eugene Alston for purchase of
surplus property located at 914 South 5th Street, Part of Lot 4,
Block 34, Tax Map No. R05409-034-009.000. This property
represents ad valorem tax values as of 1983 totaling $200 and has
been duly advertised for upset bid.
A copy of the resolution is contained in Exhibit Book XVI,
Page 44.
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PRESENTATION OF PRIZES AWARDED TO MIDDLE SCHOOLS FOR NEWSPAPER
RECYCLING CONTEST
Chairman Retchin, on behalf of the Board, presented checks
to the following schools for winning the Newspaper Recycling
Contest:
1st Prize - D. C. Virgo Middle School - $125 Check
2nd Prize Roland Grise Middle School - $75 Check
3rd Prize - Trask Middle School - $50 Check
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
,389 "
Chairman Retchin congratulated each winner and thanked them
for their participation in the contest.
PRESENTATION OF CERTIFICATES TO RESTAURANTS WHO PROVIDED HOLIDAY
MEALS
Chairman Retchin, on behalf of the Board, presented
Certificates of Appreciation to the following restaurants for
providing meals to the elderly homebound during the Thanksgiving
and Christmas Holidays:
Quincy's Family Steak House
Justine's
Flagship Seafood
Riverboat Landing
Buffie's BBQ
PRESENTATION OF PROPOSAL BY AUTO PARK ASSOCIATES FOR INSTALLATION
OF WASTE DISPOSAL SYSTEM IN CASTLE HAYNE AREA
Chairman Retchin stated Auto Park Associates have abandoned
their original plan for installation of an off-site waste
disposal system and have requested an opportunity to present
their new disposal system. He introduced Mr. Lee Fleming.
Mr. Lee Fleming, a partner of Fleming Engineering Firm,
Raleigh, North Carolina, stated at the request of Auto Park
Associates his firm has designed a land application waste
disposal system for installation at the proposed auto mall in the
Castle Hayne area. The following key issues were discussed:
1. The design of the system will utilize a tertiary
treatment plant capable of treating 20,000 gallons
of wastewater per day. The system will rely on physical
and chemical treatment through a chlorination and
filtration system which will generate sufficient quality
of wastes to safely apply on land, such as a golf
course.
2. The system provides land application by using a
conventional nozzle irrigation system requiring two
types of monitoring by the State: (1) the waste
Treatment Plant operation with close monitoring of the
quality of wastes; and (2) monitoring of groundwaters
through monitoring wells on the disposal site.
3. The plant will contain 100% mechanical backup equipment
and consist of two treatment plants sitting
side-by-side, each capable of handling 50% of the
wastes. The system will contain sludge holding
chambers; sludge removal facilities; a holding pond to
check the quality of wastes and to hold sewage during
inclement weather; and a duel disinfection system.
4. Other elements of wastes on the site will be stormwater
and commercial water in the form of auto wash. Auto
wash systems are being investigated to consider
recycling systems, and a stormwater system will be
installed which will comply to environmental management
stormwater recommendations for this area.
Vice-Chairman 0' Neal requested Mr. Fleming to address the
handling of other wastes such as oil and anti-freeze.
Mr. Fleming stated oil and other solvents generated on-site
will not be placed in the wastewater treatment system. They will
be contained in above-ground vessels for off-site disposal.
Chairman Retchin asked if
would like to speak on this
commented:
anyone from the general public
issue. The following person
Mr. Ted Glod, a resident of Castle Hayne, expressed concern
for protection of the Castle Hayne Aquifer and asked if the
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39 (},INUTES' OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
proposed system is the same type of land application plant being
used at Rose Hill. Mr. Fleming stated the system at Rose Hill is
disposing of wastes through lagoons which are dependent upon the
natural exchange of oxygen for treatment; whereas, the system
being proposed has a much higher degree of treatment through use
of equipment, holding chambers, and a duel disinfection system.
There being no further comments from the public, Chairman
Retchin expressed appreciation to Mr. Fleming for an informative
presentation.
PUBLIC HEARING TO CONSIDER REZONING 34.61 ACRES ON THE SOUTH SIDE
OF GORDON ROAD AND NORTH OF DUTCH SQUARE INDUSTRIAL PARK TO R-10
RESIDENTIAL FROM R-15 RESIDENTIAL AND 1-1 LIGHT INDUSTRIAL (CASE
#Z-369)
Chairman Retchin opened the Public Hearing.
Dr. William Harris, Chairman of the New Hanover County
Planning Board, presented background information on the rezoning
request stating several rezonings have occurred in this area
since 1987. He stated the Planning Board voted three to one to
approve the request, feeling the rezoning would be consistent
with the Land Use Plan classification of transitional with an
increase in density from 2.5 units per acre to 3.3 units per
acre.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the rezoning
request. No one commented.
Chairman Retchin closed the Public Hearing.
After discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner Corbett to approve the rezoning request as presented
by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of " AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 6 & 8B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971, AND JULY 7,
1972, is contained in Zoning Ordinance Book I, Section 6, Page 45
and Zoning Ordinance Book II, Section 8B, Page 30.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY
120 ACRES ON THE EAST SIDE OF I -40 AND SOUTH OF HOLLY SHELTER
ROAD TO B-2 BUSINESS FROM 1-2 INDUSTRIAL AND R-15 RESIDENTIAL
(CASE #Z-370)
Chairman Retchin opened the Public Hearing.
Dr. William Harris, Chairman of the New Hanover County
Planning Board, gave background information on the B-2 rezoning
request stating the Planning Board voted unanimously to approve
the rezoning because of the site's strategic location at the 1-40
interchange and the fact that most of the property is zoned heavy
industrial within the Special Highway Overlay District. He
stated the Planning Board was concerned for protection of the
Castle Hayne Aquifer and recommended investigation of the amount
of impervious surfaces that should be allowed in B-2 zoning of
the Castle Hayne area.
Commissioner Corbett expressed concern for approving
rezoning request before the State has issued a permit for
proposed disposal system submitted by Auto Park Associates.
recommended continuing the Public Hearing until the State
made a decision on the waste disposal permit.
the
the
He
has
Mr. Bill Fuller, representing Auto Park Associates, stressed
the importance of rezoning the property to be consistent with B-2
uses stating as presently zoned the auto mall can be constructed;
however, with the impact of 1-40 upon this area, it would be far
better to rezone from heavy industrial to B-2 uses.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
391
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After a lengthy discussion on whether the Public Hearing
should be continued until the State has made a decision on the
waste disposal permit submitted by Auto Park Associates,
Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to
continue the Public Hearing until March 13, 1989, or until the
State has rendered a decision on the waste disposal permit. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Ms. Charlene Pete, a resident of Castle Hayne, expressed
appreciation to the Commissioners for continuing the Public
Hearing stressing the importance of protecting the Castle Hayne
Aquifer.
PUBLIC HEARING TO CONSIDER AMENDING SECTION 110 OF THE ZONING
ORDINANCE CONCERNING NOTIFICATION OF PROPERTY OWNERS FOR REZONING
AND SPECIAL USE PERMITS TO COMPLY WITH NORTH CAROLINA GENERAL
STATUTES (CASE #A-195)
Chairman Retchin opened the Public Hearing.
Dr. William Harris, Chairman of the New Hanover County
Planning Board, stated the proposed amendment to Section 110 of
the Zoning Ordinance is a minor housekeeping requirement and was
unanimously approved by the Planning Board.
Commissioner Mathews recommended amending Item 4, Paragraph
(a) and Paragraph (f) to require notice to property owners ten
(10) days prior to the first meeting of the Planning Board, and
to require posting of zoning notification signs ten (10) days
prior to the Public Hearing to be held by the New Hanover County
Board of Commissioners.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
amendments to Section 110 of the Zoning Ordinance. No one
commented.
Chairman Retchin closed the Public Hearing.
Commissioner Mathews MOVED, SECONDED by Commissioner Corbett
to approve the recommended changes presented by the Planning
Board with amending Item 4, Paragraph (a) and (f) to require ten
(10) days notification to property owners. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is contained in Ordinance Book I, Page
10.
DISCUSSION OF FEES CHARGED FOR REZONING REQUESTS AND SPECIAL U~E
PERMITS
Commissioner Corbett asked the amount of fees being charged
for rezoning requests.
Planning Director Hayes stated petitioners are charged a
$100 fee for rezoning requests and a $50 fee for Special Use
Permits which help to defray the administrative and advertising
costs involved in these requests. He stated the fee schedule has
not been revised within the past four years.
After further discussion, it was the consensus of the Board
for the Planning Director to review the fee schedule and bring
back a recommendation to the Board.
PUBLIC HEARING TO CONSIDER RENAMING ACORN BRANCH CROOKED ROAD (SR
1370) TO ACORN BRANCH ROAD LOCATED IN CAPE FEAR TOWNSHIP (CASE
#SN-44)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated this request was petitioned
by the New Hanover County Board of Commissioners.
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'3~s OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the request.
No one commented.
Chairman Retchin closed the Public Hearing.
Commissioner Barfield MOVED, SECONDED by Vice-Chairman
O'Neal to adopt an ordinance renaming Acorn Branch Crooked Road
to Acorn Branch Road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is contained in Exhibit Book XVI, l.n
Page 44.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT
TO ASSIGN HOUSE NUMBERS TO ROCK HILL ROAD, OLD WRIGHTSBORO ROAD,
AND OLD WINTER PARK ROAD LOCATED IN CAPE FEAR TOWNSHIP
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented an order assigning house
numbers to Rock Hill Road, Old Wrightsboro Road, and Old Winter
Park Road stating the purpose of this request is to accurately
identify property for response of emergency and public safety
vehicles.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the
assignment of house numbers as presented. No one commented
Chairman Retchin closed the Public Hearing.
Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Corbett
to adopt the order assigning house numbers to Rock Hill Road, Old
wrightsboro Road, and Old Winter Park Road. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the order is contained in Exhibit Book XVI, Page
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45.
APPROVAL OF SUBLEASE AGREEMENT BETWEEN NEW HANOVER MEMORIAL
HOSPITAL, INC. AND PCS MANAGEMENT FOR LEASE OF SNACK BAR SERVICE
AREA
County Attorney Pope stated the Commissioners have been
furnished a copy of a proposed sublease between New Hanover
Memorial Hospital, Inc. and PCS Management for lease of the snack
bar service area at New Hanover Memorial Hospital.
Commissioner Mathews asked if a name has been selected for
the snack bar. Mr. Tommy Lewis, Assistant Director of New
Hanover Memorial Hospital, stated no name has been selected other
than "The Coffee Shop".
After
SECONDED by
agreement as
UNANIMOUSLY.
further discussion, Commissioner Barfield MOVED,
Vice-Chairman O'Neal to approve the sublease
presented. Upon vote, the MOTION CARRIED
DISCUSSION OF ESTABLISHING A DAY CARE TASK FORCE
Chairman Retchin stated the Board of Commissioners have been
requested to establish a Task Force to study possibilities of
involving the private sector and general public in day care needs
for New Hanover County. He recommended establishment of an Ad
Hoc Day Care Task Force as follows:
n
1.
The Task Force is to
members representing the
and business.
be composed of twelve (12)
private sector, industry
2. The Task Force will be appointed for twelve months
and work with business and industry in developing
a plan of action to address child care needs in
New Hanover County. Quarterly reports are to be
submitted on the progress of the Task Force.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
393
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Commissioner Barfield expressed concern for rushing into
appointing a Task Force too quiCkly commenting on the complexity
of the issue and the need for establishing goals and objectives.
After further discussion, it was the consensus of the Board
to continue this item until the meeting of February 20, 1989, and
request the Chairman to work with the Department of Social
Services to prepare a mission statement to be presented to the
Board.
APPROVAL OF REQUEST TO DESIGNATE A SMOKING AREA IN THE DEPARTMENT
OF SOCIAL SERVICES BUILDING AND APPROVAL OF DESIGNATED AREAS IN
THE COUNTY ADMINISTRATION BUILDING AND COUNTY ANNEX BUILDING
Chairman Retchin stated the Board of Social Services has
requested a designated smoking area in the Department of Social
Services Building. He stated three meeting rooms are available
with outside exhaust, and depending upon the use of these rooms,
one of the three meeting rooms will be designated and posted
daily as the smoking area for use by DSS employees.
Commissioners Mathews commented on the unpleasant appearance
of employees standing outside of the County Administration
Building and County Annex Building stating smoking areas should
be designated in these buildings. Commissioner Barfield
recommended designating smoking areas in all County buildings.
Discussion was held on outside exhaust fans. County Manager
Cooper stated the Social Services Building does not have rooms
with outside exhaust systems.
After a lengthy discussion on designating other smoking
areas, Chairman Retchin MOVED, SECONDED by Commissioner Mathews
to designate one meeting room in the Social Services Building on
any given day as a designated smoking area. The floor was opened
for discussion.
Vice-Chairman O'Neal expressed concern for allowing
exceptions stating if smoking areas are to be designated some
form of exhaust system must be used.
After further discussion of exhaust systems, Commissioner
Barfield made a SUBSTITUTE MOTION, to designate smoking areas in
the Social Services Building, County Administration Building, and
County Annex Building requesting the County Manager to
investigate exhaust systems. The floor was opened for
discussion.
Airport Manager, Bob Kemp, stated the traveling public is
very dissatisfied with no designated smoking area at the Airport
and commented on the recent Pan Am emergency landing. He
requested the Commissioners to consider designating an area at
the Airport. Commissioner Barfield expressed concern for the
lack of space in the present Airport Terminal stating this issue
would require further review.
After further discussion Chairman Retchin withdrew his
original motion and SECONDED the MOTION by Commissioner Barfield
to designate smoking areas in the Social Services Building as
requested, County Administration Building, and County Annex
Building requesting the County Manager to investigate exhaust
systems and select areas in buildings located at 320 and 414
Chestnut Street. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REJECTION OF BIDS AND AUTHORIZATION TO READVERTISE BIDS FOR
CONCESSION AND REST ROOMS AT THE HUGH MACRAE ATHLETIC COMPLEX
Director of Parks & Recreation, John Parker, presented the
fOllowing list of bids received for the electrical, plumbing, and
mechanical contracts for the concession and rest room at the Hugh
MacRae Athletic Complex:
C. F. Hall Electrical Service
Hodges Electric Company
$25,955.00
25,700.00
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3~~S OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
Harris Electric Company
Harry Dorsey (bid only electrical work)
25,650.00
9,999.99
Director Parker stated Mr. Harry Dorsey would like to
express concerns pertaining to the bidding process.
Mr. Harry Dorsey, a licensed electrical contractor in New
Hanover County and the State of North Carolina, expressed concern
for the manner in which his bid was handled by Mr. Parker in the
Parks & Recreation Department. He stated his bid, when received
by Mr. Parker was forwarded to Mr. Ralph Shaw, the County's
Electrical Supervisor, who then forwarded a copy of the bid and a
letter to the N. C. Board of Electrical Examiners, requesting
information on his electrical license. A few days later he was
contacted by the Board of Electrical Examiners informing him that
he had violated the bidding law by submitting a bid in the name
of Carolina Conununications instead of Harry Dorsey, the name in
which his North Carolina electrical license is issued. Mr.
Dorsey stated he was not aware that he had been violating the law
by bidding in the name of Carolina Conununications and apologized
stating in the future all bids will be submitted in the name of
Harry Dorsey.
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Mr. Dorsey stated the N. C. Board of Electrical Examiners
also informed him that he had violated another portion of the
bidding law by bidding as a joint venture with another electrical
company. He stated the old edition of bidding regulations
allowed joint ventures; however, as of November 1988 the
regulations were changed restricting joint ventures. He
apologized for the error and asked the following questions:
1. Why did Mr. Ralph Shaw refer his bid to the N. C.
Board of Electrical Examiners when the bids had
already been rejected by the County Conunissioners?
2. Why did the County check into his electrical license
when the County has been issuing permits to Carolina
Conununications for the past six years?
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Mr. Dorsey expressed concern for being told by Mr. Parker
that he could submit bids for separate contracts, and requested
the conunissioners to reject the bids received under one general
contract and readvertise for separate electrical, plumbing, and
mechanical contracts.
County Attorney Pope conunented on a conversation with Mr.
Dorsey stating the matter would require further study and
reconunended the following action be taken by the Board of
Conunissioners:
1. Delay award of bid until the Legal Department can
contact the State Board of Electrical Examiners
concerning licensing regulations.
2. Reject all bids received and approach in a different
manner.
County Attorney Pope stated the County did not violate the
bidding law by advertising for one general contractor. He stated
the General Statutes do require separate bids for trades unless
construction exceeds $100,000; therefore, the bid document as
advertised was not in violation of the law.
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conunissioner Barfield asked if it is normal procedure for
County Departments to check licenses of contractors when bidding
on projects?
Director Parker stated when bids are received for any
project he does inquire about the license of the low bidder as a
standard administrative policy. He stated in the process of
checking Mr. Dorsey's bid was when he realized that he had
misinterpreted the bid document as advertised and had erroneously
advised contractors that separate bids could be submitted for
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 ( CONTINUED)
'395 "
electrical, plumbing, and mechanical work. Therefore, after
discussion with the Legal Department, he requested the
Commissioners to rej ect all bids received and readvertise. He
stated the inquiry on Mr. Dorsey's Company, Carolina
Communications, had already been processed and forwarded to the
State Board of Electrical Examiners before a request was made for
rejection of bids received. Director Parker stated any person
can bid as a general contractor for a project less than $30,000
without a license and subcontract electrica~, plumbing, and
mechanical work to licensed contractors.
Mr. Dorsey, again, requested that the bids be rejected and
readvertised separately. He stressed the importance of being
treated equally.
Chairman Retchin recommended rejecting the bids received and
readvertising for submission of separate bids for the electrical,
plumbing, and mechanical contracts.
After a lengthy discussion of whether to readvertise the bid
as one general contract or three separate contracts, Commissioner
Barfield MOVED, SECONDED by Commissioner Corbett to reject bids
received and readvertise as one general contract. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Commissioner Barfield requested Mr. Dorsey to meet with the
County Attorney and Electrical Supervisor to discuss his concerns
and review regulations pertaining to the bidding process.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal
to convene from Regular Session to hold a meeting of the Water
and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 10:35
o'clock P.M.
Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Retchin convened to Regular Session at 11:10
o'clock P.M.
DISCUSSION OF SELECTING MEMBERS FOR AN AIRPORT AUTHORITY
Chairman Retchin commented on the importance of determining
a selection process for appointing members to serve on the
Airport Authority. He stated the following issues must be
addressed: (1) the number of members to serve on the Airport
Authority; and (2) who those members will be. He presented a
list of individuals interested' in serving on a Task Force to
recruit and nominate candidates for these appointments and
recommended selection of members through this process. After a
lengthy discussion, it was the consensus of the Board to delay
any method of selection at this time.
Commissioner Corbett commented on the importance of setting
a date for establishment of an Airport Authority and recommended
the Authority to become effective July 1, 1989.
Commissioner Barfield expressed concern
economic issues that have not been addressed
presentation of the Financial Study by Talbert,
Inc. before deciding on a definite date.
for the many
and recommended
Cox & Associates,
Vice-Chairman O'Neal expressed concern for cutting ties with
the County stating the Airport now utilizes the services of the
Legal Department, Personnel Department, Finance Department, and
other departments at no cost.
Airport Commission Chairman, Jack Ashby, stressed the
importance of establishing an effective date in the local bill
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. 3 9 @INUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
for establishment of an Airport Authority stating the deadline
for receipt of local bills is March 16, 1989. He stated the
Authority will not cut ties with the County and will continue to
use County services as needed.
Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to set up an Airport Authority to become effective July
1, 1989. The floor was opened for discussion.
County Manager Cooper stated utilization of services
provided by the County can be resolved; however, the question of n
terminating County~employees when an Authority is established is
a complicated issue. He stated the Authority will have to pay
employees and provide a level of benefits that is satisfactory to
these employees before terminating them from the County payroll.
He recommended appointing members to the Airport Authority
effective July 1, 1989, with the Authority being responsible for
planning the structure of the new organization according to
budget and personnel needs with actual transition of airport
operations effective July 1, 1990.
After a lengthy discussion of accounting procedures and
County personnel involved in the establishment of an Airport
Authority, Commissioner Barfield withdrew his SECOND to the
MOTION by Commissioner Corbett to establish an Airport Authority
effective July 1, 1989. The MOTION FAILED DUE TO NOT RECEIVING A
SECOND.
Vice-Chairman 0' Neal recommended delaying establishment of
an Airport Authority until the new terminal is completed.
After further discussion, it was the consensus of the Board
to delay approving an effective date for the enabling act for
establishment of an Airport Authority until the Financial Study
has been presented by Talbert, Cox & Associates, Inc.
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APPROVAL OF CONSENT AGENDA ITEM fi: 5 - AWARD OF BID TO CAPITAL
FORD, INC., FOR PURCHASE OF TWO 4 X 4 FORD CAB TRUCKS - FINANCE
DEPARTMENT
Commissioner Corbett requested an explanation for the need
to purchase 4-wheel drive vehicles at the Airport.
Airport Manager, Bob Kemp, stated 4-wheel drive vehicles are
a necessity due to the softness of the soils surrounding the
Airport.
Commissioner Corbett MOVED, SECONDED by Commissioner O'Neal
to adopt a resolution awarding the low bid to Capital Ford, Inc.
of Raleigh, N. C. in the amount of $28,056.28. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XVI,
Page 45.
APPROVAL OF CONSENT AGENDA ITEM fi: 2 5 - AWARD OF BID TO TRACTOR
TRAILER TRUCK PARTS AND EQUIPMENT, INC. FOR PURCHASE OF DUMP
TRUCK AT THE STEAM PLANT
Commissioner Corbett expressed concern for purchasing a
$50,000 dump truck for use at the Steam Plant asking if a less
expensive truck would be satisfactory?
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Director of Engineering & Facilities, Ed Hilton, commented
on the weight of ash stating a heavy duty truck is a necessity
when transporting ash from the Steam Plant to the Landfill.
Commissioner Barfield MOVED, SECONDED by Vice-Chairman
0' Neal to adopt the resolution awarding the low bid to Tractor
Trailer Truck Parts and Equipment, Inc. of Wilmington, N. C., in
the amount of $49,921. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Mathews
Vice-Chairman O'Neal
Chairman Retchin
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 ( CONTINUED)
~3 9'7 .,
Voting Nay: Commissioner Corbett
A copy of the resolution is contained in Exhibit Book XVI,
page 45.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Approval of Funding Request by DOVIA for Volunteer Reception
Chairman Retchin stated Directors of Volunteers in Agencies
(DOVIA) have submitted a funding request in the amount of $5,600
to hold a reception on Sunday, April 30, 1989, at the Hilton, to
honor volunteers of New Hanover County during National Volunteer
Week.
Commissioner Barfield MOVED, SECONDED by Commissioner
Corbett to approve the funding request in the amount of $5,600.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Approval of Funding for Reception To Be Held for Ambassador of
India to the United States
Chairman Retchin stated the Ambassador of India to the
United States will be visiting New Hanover County on March 1 & 2,
1989. He stated the City has requested holding a reception
jointly funded by the City and County honoring the Ambassador on
Thursday, March 2, 1989, in the General Assembly Room of the New
Hanover County Courthouse at 4:00 P.M. He requested approval of
the funding request.
After discussion,
Commissioner Mathews to
the joint City/County
Ambassador of India to
CARRIED UNANIMOUSLY.
Chairman Retchin MOVED, SECONDED by
approve the County's share of funding for
reception to be held in honor of the
the United States. Upon vote, the MOTION
Recogni tion of New Hanover County Heal th Department for
Outstanding Job in Handling the Measles Outbreak
Commissioner Corbett complimented the Director of the Health
and the Health Department Staff for an outstanding job in
handling the current measles outbreak.
After further discussion, it was the consensus of the Board
to authorize the Chairman to write a letter of appreciation to
the Health Director and Staff.
Discussion of Holding Legislative Coordinating Council Meeting in
the Coastline Convention Center
Commissioner Corbett recommended using the Coastline
Convention Center for some of the morning breakfast meetings of
the Legislative Coordinating Council. He stated the County is
provided, free of charge, four dates during the year.
After discussion, it was the consensus of the Board to use
this facility for the meeting to be held on March 27, 1989.
Appreciation Expressed to Reeds Jewelers for Donation of Clocks
to the New Hanover County Airport
Commissioner Mathews expressed appreciation to Reeds
Jewelers for the donation of clocks to be used in the new Airport
Terminal.
Happy Birthday to Commissioner Mathews
Chairman Retchin, on behalf of
Commissioner Mathews a "Happy Birthday".
the
Board,
wished
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of Consent Agenda Items
County Manager Cooper stated the Consent Agenda is prepared
to handle routine items without having to be discussed
individually by the Board. He respectfully requested the
Commissioners to contact him before meetings, if at all possible,
when they have questions or concerns about a consent agenda item.
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39ISurES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED)
Scheduling of Pictures for Board of County Commissioners
Clerk to the Board, Lucie F. Harrell, asked if the date of
February 20, 1989, would be convenient for scheduling group and
individuals pictures of the Commissioners.
After discussion, it was the consensus of the Board to
schedule pictures to be taken at 8:30 A.M. on February 20, 1989.
EXECUTIVE SESSION
Commissioner Corbett MOVED, SECONDED by Commissioner ]
Barfield to hold an Executive Session to discuss property
acquisi tion for placement of a Mid-South Branch Library. Upon
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vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session to Executive
Session at 11:58 o'clock P.M.
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Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 12:01
o'clock A.M.
ADJOURNMENT
Commissioner
O'Neal to adjourn.
Barfield MOVED, SECONDED by Vice-Chairman
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 12:03 o'clock A.M.
Respectfully submitted,
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Lucie F. Harrell
Clerk to the Board
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