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HomeMy WebLinkAbout1989-02-06 Regular Meeting ~ 38~ 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. f 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. - 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. ~ I I I MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED) -38-3 " 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. ~ 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. II 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 r l J 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 I \~ I I I MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED) 3,8.5 ., 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 ~ 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 [J 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 [J 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. r ~ ,) Approval of Budget Amendment #89-0154 - Hugh MacRae Soccer Field Project - Parks & Recreation Department The Commissioners approved the following Budget Amendment: I \ ~ I I I 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. j '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 [l 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. [ 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 I I I 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 " ~ 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. \ ~ n o [ I I I MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED) 391 ., 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. ~ '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 n 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. \ It .:..> - --'" .. ",,:~,,_". MINUTES OF REGULAR MEETING, FEBRUARY 6, 1989 (CONTINUED) 393 ~ 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 ~ ( I 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. r;- \_~J 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? (T ~ 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. ~ \ ~-:) 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 ~ I I I 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 ~ . 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. n 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? n ! I ~ ) 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 \~. I I I 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. ~ 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 :,-- - vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened from Regular Session to Executive Session at 11:58 o'clock P.M. ,\ 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, ~dY~ Lucie F. Harrell Clerk to the Board [J n '~