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HomeMy WebLinkAbout1989-05-15 Regular Meeting ~'3 ~ MINUTES OF REGULAR MEETING, MAY 15, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 15, 1989, at 9: 00 0' clock A.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 W. 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. :> Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Finance Director, Andrew J. invocation. Atkinson, gave the Commissioner Corbett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of April 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 speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. The fOllowing issues were discussed: Invitation to Attend Memorial Day Service at Wi~ington National Cemetery Mr. Russell Cox, Chairman of the New Hanover County Veteran's Council, invited the Commissioners to attend a Memorial Day Service to be held at the Wilmington National Cemetery on May 29, 1989, at 11:00 A.M. Discussion of 5% Increase in Proposed Budget Mr. Tom Wilkerson, representing employees at the County Garage, presented the following proposal: Proposal: Grant a 2 1/2% cost-of-living increase effective July 1, 1989, with another 2 1/2 % increase in January instead of 5% increase effective January 1, 1990, to offset the increase in medical insurance premiums to County employees effective July 1, 1989. Chairman Retchin thanked Mr. Wilkerson for his comments stating the proposed budget will be discussed on May 16 and 17, 1989. ,t z;;;/ APPROVAL OF CONSENT AGENDA Chairman Retchin stated Items #8 and #9 should be transferred to the Water & Sewer District Agenda. Commissioner Mathews commented on Item #15 asking if all County agencies had been notified of surplus office equipment from the Department of Social Services before donation of property to the Ogden New Hanover Volunteer Rescue Squad and Wilmington Fire Department? County Manager Cooper stated all departments were notified. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to approve the Consent Agenda items as presented j /'" ( "f.e; f MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) I wi th removal of District Agenda. Items #8 and #9 to the Water & Sewer Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Authorization for Wi~ington/New Hanover Insurance Advisory Committee to Serve Airport The Commissioners authorized the wilmington/New Hanover Insurance Advisory Committee to serve the New Hanover County International Airport Authority as a Public Entity. Authorization for County Manager to Approve Increases in Architectural Fees by synthesis The Commissioners authorized the County Manager to approve architectural fees to fund additional work by Synthesis. Cl ~ Approval of Fee Schedule Revision Applications - Planning Department The Commissioners approved a revised development applications as follows: for Development fee schedule for Application Type Revised Fee Rezoning < 5 acres > 5 acres $100 $200 Special Use Permits Single Residential $50 All other $100 Text Amendments $~OO per application $250 (Land Use Plan) Board of Adjustment $100 Subdivision Review --Conventional --High Density $100 per preliminary $10 per lot final (major and minor) cJ Street/Easement Naming $400 $100 Street/Easement - Closure Mobile Home Park $100 per preliminary $10 per final space Adoption of Hurricane Awareness Week Proclamation The commissioners adopted a proclamation designating the week of June 4-10, 1989 as Hurricane Awareness Week in New Hanover County. A copy of the proclamation is contained in Exhibit Book XVII, Page 13. Approval of Membership to Eastern North Carolina Chamber of Commerce The Commissioners authorized membership to the Eastern North Carolina Chamber of Commerce with annual dues of $200. Adoption of Resolution of Intent to Provide Funds for fl--.J- \' Asbestos Removal - Old DSS Building ~ I The Commissioners adopted a resolution of intent to provide funds to the City of Wilmington not to exceed $49,000 to pay for removal of asbestos in the old Department of Social Services building located at 1020 Rankin Street. A copy of the Resolution is contained in Exhibit Book XVII, Page 13. ~ It '-,,2 :t , MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) ./f~.~ ~ Approval of Alternative to Detention Program Agreement Cape Fear Substance Abuse The Commissioners approved the program agreement allowing Cape Fear Substance Abuse to receive CBA funding and administer the Alternative to Detention Program. Approval of Budget Amendment #89-0266 - Health Department The Commissioners approved the following Budget Amendment: 89-0266 Health Department Debit Credit Health/Drainage Drainage State Grant $5,796 Health/Insect & Rodent Insect & Rodent State Grant $3,429 Health/Environmental Travel $1,000 Health/Drainage Contracted Services Capital Outlay 2,000 1,850 Health/Administration Departmental Supplies Travel 1,000 500 Health/Maternity Care Coordinator Salaries 2,875 Purpose: To allocate additional State funds. Approval of Budget Amendment #89-0267 - Tax Department The Comm,issioners approved the following Budget Amendment: 89-0267 Tax Department Debit Credit Ad Valorem Taxes - Current $39,302 Advertising Refunds $ 8,440 30,862 Purpose: To budget additional funds required for advertising and refunds (revenue gained from these expenditures exceeds the expenditures). Adoption of Resolution of Intent to Make Application for No Wake Zone on Shell Island Sound The Commissioners adopted a Resolution of Intent for application to the North Carolina Wildl'ife Commission for a No Wake Zone on Shell Island Sound. A copy of the resolution is contained in Exhibit Book XVII, Page 13. Approval of Fireworks Permit for Pleasure Festival The Commissioners approved a Fireworks fireworks display on May 20, 1989, at the Shopping Center for the 15th Annual Pleasure Festival. Island Spring Permi t for a Federal Point I s land Spring Adoption of Resolution Adding McQuillan Drive Extension to the State Secondary Road System The Commissioners adopted a resolution requesting addition of the following road to the State Maintained Secondary Road System: ~ ( -'19" MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) McQuillan Drive Extension in Westhills Subdivision Division File #609-N A copy of the resolution is contained in Exhibit Book XVII, Page 13. Approval of Donation of In-ground Fuel Tank and Transfer of Surplus Office Equipment The Commissioners approved the donation of an in-ground fuel tank owned by New Hanover County EMS to the Ogden New Hanover Volunteer Rescue Squad and the transfer of surplus office equipment from the Department of Social Services to the Wilmington Fire Department. (\, '~" Approval of Reports for Tax Collections Through April 28, 1989 The Commissioners approved the following Tax Collection Reports through April 28, 1989: New Hanover County New Hanover County Fire District Copies of the reports are contained in Exhibit Book XVII, Page 14. Approval of Tax Abatements and Refunds - Tax Department The Commissioners approved a list of tax abatements and refunds as recommended by the Tax Administrator. A copy of the list is contained in Exhibit Book XVII, Page 14. Denial of Appeals for DMV Civil The Commissioners denied Motor Vehicles Penal ties as Administrator. Penalties - Tax Department appeals for Department of recommended by the Tax Cj ~ A list of the appealed accounts is contained in Exhibit Book XVII, Page 14. Release of Penalty on Room Occupancy Account #1496 Shipwreck Lodge The Commissioners approved release of a penalty on Room Occupancy Tax Account #1496, Shipwreck Lodge, as recommended by the Tax Administrator since this is the first late filing offense. Approval of Delinquent Applications for Property Tax Exemption The Commissioners approved the following delinquent applications for property tax exemption: Church of God of Prophecy Myrtle Grove Presbyterian Lighthouse Independent Mission - Tax Map #R042-19 016 002-000 - Tax Map #R076-00 004 018-007 - Tax Map #R054-11 006 001-000 DISCUSSION OF R. W. BECK REPORT Director of Engineering & Facilities, Ed Hilton, stated Dr. Stanton Peters' response has adequately addressed comments made in the R. W. Beck Report; however, the key statements, in his opinion, are as follows: C] 1. The size of the Steam Plant expansion appears to be reasonable based upon the estimated current and projected waste quantities, and will fulfill the County's objective of minimizing the landfilling of solid waste. 2. The costs appear to be in line with the exception of the air pollution control equipment. , ~ MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) "497 ., Discussion was held on the 25% recycling reduction rate. Director Hilton stated after discussion with R. W. Beck, it was agreed that a projected reduction rate of 20% would be excellent for New Hanover County, particularly with the number of tourists during the summer months. I Discussion was held on obtaining the Solid Waste Permit and Air Pollution Control Permit. Director Hilton stated the Solid Waste Permit is moving through the State agencies and is expected to be approved by the end of May. He stated the Air Pollution Control Permit is more complex with a concern by Department of Environmental Management as to whether the Steam Plant will be classified as a PSD (Prevention of Significant Deterioration) source. It appears that the plant will not be classified as a PSDi however, no word has been received. The review process for the Air Pollution Control Permit could involve two weeks to two months. Commissioner Corbett asked if being classified PSD would be a problem. Director Hilton stated with additional scrubbers and other air pollution control equipment, he sees no problem with being classified PSDi however, additional time will be involved which could impact upon bids received. Commissioner Barfield recommended preliminary approval of the necessary permits before awarding bids and proceeding with the project. He commented on additional costs involved with rebidding and stressed the importance of staying within budget on this project. I Director Hilton stated Dr. Peters has prepared a comprehensive package with which he feels comfortable and recommended authorizing Dr. Peters to negotiate with the low bidders reaching an agreement on the final pricing and scope of services contingent upon receipt of the necessary permits. Commissioner Mathews stated members of the community have been concerned about the following questions and requested a response from Director Hilton or Dr. Peters: 1. Will there be a problem with availability of parts for foreign made equipment? 2. Are you satisfied with figures projected for the volume of waste? Is this figure too low? 3. Do you feel that a 5% contingency is satisfactory instead of 15% contingency as recommended by R. W. Beck? I Dr. Peters stated in answer to Question #1, he is not concerned with purchasing the boiler/stoker from Volund, a company located in Denmark, since replacement of boiler tubes, blowers and parts of the hydraulic system are available in the United States. He commented on the quality of equipment stating he would not recommend the purchase of any equipment which is not above standard in quality or would not have parts available in the United States. Director Hilton stated in answer to Question #2, R. W. Beck did not perform a solid waste study in New Hanover County, but did include three scenarios in the report without designating a particular scenario for New Hanover County; therefore, the figures could be based on a basic projection of volume, a high projection of volume, or a low projection of volume. He stated the County has been recording the volume of waste carried to the Landfill since 1980 and weighing waste at the Steam Plant since 1984 which is the criteria used by Dr. Peters in projecting solid waste figures. Director Hilton stated he feels very comfortable ~ 498 MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) with these projections and knows no other way to determine the growth of solid waste. Dr. Peters stated in answer to Question #3, contingency has been built into the various line items an additional 5%; therefore, he feels the project will in below budget. the plus come Commissioner Barfield stressed the importance of having a prime contractor to be responsible for the overall project to see that the County does not become liable if the project I~ should fail. Director Hilton stated this type of situation ( J is called a "turn key" process which was used in "- construction of the present facility but has not been recommended for this proj ect due to additional costs of approximately one to two million dollars. He stated there is no single indi vidual or company responsible for guaranteeing the entire proj ect; however, each vendor is responsible for guaranteeing their piece of equipment. Dr. Peters stated guarantees will be negotiated with vendors when finalizing contracts stating the County's risk is less with individual guarantees than from one single contractor. He stated performance and payment bonds will be required from all vendors plus liquidated damages on major vendors. Commissioner Mathews expressed Peters for answering the questions protect the County's interest. appreciation and requested to Dr. him to Motion: After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to authorize Dr. Staton Peters and the County staff to negotiate with low bidders for various components as presented and bring back the terms n and conditions for award of contracts along with State approved permits. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ - PRESENTATION OF FEASIBILITY STUDY FOR EXPANSION OF THE NEW HANOVER COUNTY LAW ENFORCEMENT CENTER Mr. Herb McKim presented the report on the feasibility of expanding the present Law Enforcement Center stating the expansion is feasible from a structural point; however, providing an accessible service entrance to the building and additional parking spaces will be the most difficult problems to resolve. He stated to fulfill the needs of the jail and Sheriff's office 10,690 square feet of existing space will require renovation with 41,170 square feet of new construction at an estimated cost of $7 million. He presented drawings of the proposed expansion and stated he would be glad to answer questions. Discussion structure with needed. was held filling in on shelling portions of in the the existing structure as A lengthy discussion was held on whether a new building should be constructed out of the downtown area on County owned property instead of expanding the present facility. Mr. McKim stated construction of a new facility would cost approximately of $10-11 million; however, consideration must be given to costs and problems involved with transporting of prisoners from the jail to the Judicial Building. r " , " Consensus: It was the consensus of the Board to request Mr. McKim to study other alternatives and report to the Commissioners within sixty (60) days. ,. \ "" MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) 499 > " BREAK Chairman Retchin recessed the meeting for a break from 10:30 o'clock A.M. to 10:50 o'clock A.M. I FORMAL PRESENTATION OF THE COUNTY MANAGER I S RECOMMENDED BUDGET County Manager Cooper expressed appreciation to Cam McAbee, Budget Director; Andrew J. Atkinson, Finance Director, Andre' Mallette, Personnel Director, and Mary Gornto, Assistant County Manager, for an excellent job in assisting him in preparing the 1989/90 Budget. County Manager Cooper stated the property tax rate required to support the proposed budget will be $. 72 per $100 of valuation, the same as submitted last year; however, $.01 was deferred until this year to pay for the cost of museum bonds. Each one cent on the tax rate this year is estimated to generate revenue in the amount of $453,565 compared to $430,582 last year representing an increase of $22,983. If multiplied by a $.71 tax rate, this produces a modest growth of about $1,631,793 in property tax revenues. Sales tax continues to have a positive increase; however, federal and state revenues continue to decline. I County Manager Cooper stated his approach to the budget this year was one of continuing existing programs within the level of anticipated revenues. He stated the total budget for this year is $60,630,50 representing a 2.47% increase over last year's budget. Federal and state revenues have decreased by 6.43%. The County's Fund Balance is $656,282 for a reduction of approximately 57%. Out of the 65 positions requested by all County Departments, only 4 County funded positions were recommended with 10-15 positions being funded by grants or other sources of revenue. He stated another significant process was reduction of all general fund transfers into the solid waste disposal cost which requires an increase in the tipping fee of $5 per ton. An increase of $1 per ton on the tipping fee will cost 15 cents per month; therefore, with the $5 increase the residential customer will pay 75 cents more per month. Chairman Retchin commented on the budget notebooks stating the first backup book is not needed since it contains the same figures as the printout. County Manager Cooper stated the notebooks contain descriptions of line i terns which can be a useful source of information when needed. I Commissioner Mathews requested an explanation of the proposed cost-of-living increase. County Manager Cooper stated County employees can receive a 2 1/2% cost-of-living increase effective July 1, 1989; or 5% cost-of-living increase effective January 1, 1990. He stated the employee from the garage was requesting a cost-of-living increase of 2% effective July 1, 1989, plus an additional 2 1/2% increase effective January 1, 1990, through June 30, 1990, stating he can not recommend an increase of this size in the proposed budget. County Manager Cooper stated he and the Budget Staff would prefer a 5% increase effective January 1, 1990, which will raise the level of entry salaries by 5% instead of 2 1/2%. Discussion was held on the increase of premiums for medical insurance. County Manager Cooper stated premiums will increase; however, under the cafeteria plan, the premiums are tax deductible and should balance out. Consensus: It was the consensus of the Board to hold Budget Hearings on Tuesday, May 16, 1989, and continue the meeting until Wednesday, May 17, 1989, at 9:00 A.M. to discuss and decide on budget requests. ~ 500 MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) ADOPTION OF RESOLUTION FOR SUBMISSION OF A GRANT APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT, DIVISION OF COMMUNITY ASSISTANCE Planning Director, Dexter Hayes, presented background information on the grant application stating 23 households have been identified for rehabilitation assistance in the Wrightsboro Community. He stated the grant application consists of the following: 1. 23 houses eligible for rehabilitation: a. 18 owner occupied dwellings b. 4 renter occupied dwellings c. 1 vacant n 2. Level of activities will include: a. Housing b. Water replacement, basically wells c. Sewer & Drainage improvements 3. 22 houses are low income 1 house above to moderate income 4. Each house will be rehabilitated to comply with Section 8 Housing Quality Standards. 5. All houses are eligible for sewer and drainage improvements. Planning Director Hayes listed the following breakdown of costs: Housing Rehabilitation Sewer Water Well Improvements Drainage Improvements Administration & Implementation of Project Total Grant Application $251,000 355,000 33,000 86,000 64,000 $790,000 :] Planning Director Hayes requested the Commissioners to decide on the percentage or portion of local funds to be contributed and recommended a commitment of $200,000 over a two to three year period. He stated approximately $64,000 of the cost will be performed in-house. Motion: After discussion of scheduling local funding over a period of two to three years, Commissioner Barfield MOVED, SECONDED by Vice-Chairman 0' Neal to adopt the resolution authorizing application for the grant as submitted with a commi tment of 'local funds in the amount of $200,000 over a three-year period, and to authorize the Chairman to execute the necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 14. DISCUSSION OF ISO RATING FOR NEW HANOVER COUNTY Fire Marshal, Chris Elrod, stated the Volunteer Fire Departments in New Hanover County are now rated as "Class 9" under the State and are working to improve this rating by addressing the following areas of concern: I~ I I "-- j 1. Equipment - With establishment of a Fire Service District, equipment has been improved with every Volunteer Fire Department having updated fire trucks and improved fire fighting gear that comply to State regulations and OSHA standards. Every department passed the State Inspection under the Class 9 rating. 2. Water - ISO ratings are based upon water supply. The Volunteer Fire Departments' water equipment has ~ ., t =' 't MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) ~ 5"03 statement which will replace the filing of a Disclosure Statement by appointees. Section 2A, Paragraph 1: Delete the clause, "terms of office, requirements for office", from the first sentence. Section 2A, Paragraph 2: Change sixty days to 30 days for prior notification to appointees who are eligible for reappointment. Delete the second sentence in the paragraph which reads as follows: "If an application is not on file one will be requested at this time. section 2A, Paragraph 3: Amend Paragraph 3 to read that upon expiration of a term or resignation by a member serving on a Board, a Certificate of Appreciation will be presented to that member at a regular meeting of the County Commissioners. Section 2C, Paragraph 1: Delete the last sentence of the paragraph. Section 2D, Paragraph 1: Change the amount of time for retaining applications from two years to one year. The Clerk to the Board is to amend the policy and procedures and place the finalized document on the Consent Agenda at a later date. AUTHORIZATION FOR CONDEMNATION OF PROPERTIES INCLUDED IN THE PHASE II SEWER SYSTEM PROJECT County Engineer, Wyatt Blanchard, presented resolutions for authority to condemn properties for easements and pump station sites on the following parcels of land for the Phase II Interceptor: Tax Parcel #07205003003000 Tax Parcel #07200007001001 Tax Parcel #07600002004000 Michael Raines Barbara S. Lane Mildred B. Hobbs Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adopt resolutions authorizing the County Attorney to proceed with condemnation on the parcels presented by the County Engineer. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are contained in Exhibit Book XVII, Page 14. MEETING RECESSED TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to recess 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 12:30 o'clock P.M. Commissioner Corbett MOVED, Ma thews to reconvene to Regular MOTION CARRIED UNANIMOUSLY. by Commissioner Upon vote, the SECONDED Session. Chairman Retchin reconvened to Regular Session at 12:50 o'clock P.M. ~ (/ ~ o~ I MINUTES OF REGULAR MEETING, MAY 15, 1989 ( CONTINUED) COMMITTEE APPOINTMENTS Reappointment of George Chadwick III To Serve on the Wi~ington/New Hanover County Insurance Advisory Committee Motion: Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Corbett to reappoint Mr. George Chadwick III to serve a second three-year term on the Wilmington/New Hanover County Insurance Advisory Committee. The term will expire on June 8, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Margaret Weller to Serve on the New Hanover County Council on the Status of Women Motion: Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Corbett to appoint Ms. Margaret Weller to serve on the New ~~~er County Council on the Status of Women for a ~year term expiring June 1, 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. Appointment of Ann Boseman to Serve on the Nursing Home Advisory Committee Motion: Chairman Retchin MOVED, SECONDED by Commissioner Corbett to appoint Ms. Ann Boseman to serve on the Nursing Home Advisory Committee for a three-year term expiring June 1, 1992. Upon vote, the MOTION CARRIED UNANIMOUSLY. After discussion of a request by Ms. Kathy Lane, Ombudsman for Region "0", for appointment of all applicants to be placed on the Nursing Home Advisory Board or Domiciliary Committee due to an increase in rest and nursing homes, Chairman Retchin MOVED, SECONDED by Commissioner Corbett to appoint the following persons to be placed on the Nursing Home Advisory Board or Domiciliary Advisory Committee as recommended by Ms. Kathy Lane: Mr. Ben A. Croom Ms. Eleanor K. Maxwell, Ph.D. Ms. Claire H. Primrose Ms. Brenda S. Herring Ms. Ann Hardaway Ms. Jewell G. Floyd Dr. Lewis R. Atwood APPROVAL FOR FUNDING PARTICIPATION IN THE LEGISLATIVE WEEKEND SPONSORED BY THE GREATER WILMINGTON CHAMBER OF COMMERCE Chairman Retchin requested the Commissioners to approve funding in the amount of $1,000 to assist the Chamber of Commerce in sponsoring a weekend visit by members of the General Assembly on May 19-21, 1989. Motion: After discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman 0' Neal to approve funding in the amount of $1,000 payable to the Greater/Wilmington Chamber of Commerce. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF FUNDING REQUEST BY DOVIA Chairman Retchin stated DOVIA has requested funding in the amount of $200 to pay two groups who entertained at the Volunteers Recognition Reception held at the Hilton. He requested direction from the Board. Motion: Commissioner Corbett MOVED, SECONDED by Chairman Retchin to approve the funding request by DOVIA in the amount of $200. Upon vote, the MOTION CARRIED UNANIMOUSLY. I \ (: \ ~ ~:: r:~ ~ () ~ '-.... MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) 5',a'1' ., J ." . . ., . . been improved and Subdivision Regulations now require developers to place fire hydrants where an existing water system meets minimum State standards or place dry fire hydrants where an adequate water supply is available. I 3. Pre-Fire Planning - Volunteer Fire Departments will perform inspections on commercial buildings located throughout the County identifying target hazards sketching the buildings and the amount of water needed to fight a fire. 4. Documentation of training records, testing of equipment, testing of fire hoses, and general administrative paperwork that becomes a part of the ISO rating. Fire Marshal Elrod commented on the areas of improvement stating overall the Volunteer Fire Departments are doing an excellent job and working together to achieve a higher ISO rating. One department is in the process of submitting an inspection for a higher ISO upgrade this summer with two other departments applying for an inspection in September. He stated waiting for the State Inspection usually takes 10-12 months. Commissioner Corbett expressed concern for waiting 10-12 months to receive a State inspection for upgrading an ISO rating and asked if anything can be done to reduce this time factor? Fire Marshall Elrod stated the State is responsible for periodically inspecting all ISO rated fire departments throughout the State as well as new departments; therefore, inspections must be scheduled accordingly. I Discussion was held on the amount of reduction in homeowners insurance premiums with a one point change in the ISO rating. Fire Marshal Elrod stated with a rating of Class 8 instead of Class 9, the annual premium should be reduced from 12-20% depending on the type of home, whether brick or wood. He stated the Volunteer Fire Departments have better equipment and are offering a better quality of fire service to the citizens of the County. He expressed appreciation to the Commissioners for support of their efforts. Fire Marshall Elrod stated the boundary lines for the fire departments have changed due to annexation by the City of Wilmington; therefore, boundary lines wiil be redrawn and submitted to the Commissioners for approval and forwarded to the State for final documentation. Chairman Retchin expressed appreciation to Fire Marshal Elrod for an excellent presentation and the efforts being made by the Volunteer Fire Departments to improve our ISO rating. I ADOPTION OF COUNTY ORDINANCE ENTITLED, "LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG-RELATED ACTIVITY" Commissioner Corbett commented on the recently held Drug Forums stating the purpose of the proposed ordinance is to assist law enforcement in stopping and searching known persons involved in drug-related activities in public places such as streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, or doorways and entrance ways to buildings. He requested Assistant County Attorney, Kemp Burpeau, to address the constitutional ramifications, if any. Assistant Attorney Burpeau stated this ordinance parallels with a similar ordinance adopted by Tacoma, Washington, which has been upheld through the U. S. Court of Appeals. He emphasized the fact that the ordinance does not ~ 50,2 MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) prohibit loitering itself but prohibits loitering for the purpose of engaging in drug-related activities stating he is comfortable with the proposed ordinance. Sheriff McQueen stated the ordinance will assist in stopping and searching known drug dealers loitering on streets and corners. He requested adoption of the ordinance stating other counties are adopting similar ordinances. Motion: After discussion of the importance of combating the drug problem, Chairman Retchin MOVED, SECONDED by n Commissioner Corbett to adopt the ordinance as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for codification into the New Hanover County Code. ADOPTION OF RESOLUTION ENCOURAGING THE NORTH CAROLINA GENERAL ASSEMBLY TO AMEND ARTICLE IX, SECTION 7 OF THE NORTH CAROLINA CONSTITUTION Commissioner Corbett requested adoption of a resolution encouraging the North Carolina General Assembly to amend Article IX, Section 7 of the North Carolina Constitution to allow fines and forfeitures recovered under the North Carolina Controlled Substances Act and the N. C. Racketeer Influenced and Corrupt Organizations Act to be used by law enforcement agencies for continued drug enforcement. Motion: Commissioner Barfield MOVED, SECONDED by Mathews to adopt the resolution as presented. the MOTION CARRIED UNANIMOUSLY. Commissioner Upon vote, A copy of the resolution is contained in Exhibit Book XVII, Page 14. Discussion was held on the Drug Forum scheduled for Tuesday, May 16, 1989, at Hoggard High School. The Clerk to the Board was requested to contact members of the Wilmington City Council and Board of Education urging them to attend. n ADOPTION OF AMENDMENTS TO POLICY AND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COMMISSIONS, COMMITTEES OR AUTHORITIES Commissioner Mathews emphasized the importance of allowing as many citizens as possible to serve on various boards and committees. He presented the current policy and procedures for appointments to committees and requested the Board to review the following sections and amend portions of the document, particularly with reference to terms and unexcused absences. Consensus: It was the consensus of the Board to amend the following sections of the Policy and Procedures for appointments to County Boards, Commissions, Committees or Authorities: Section 1, Paragraphs A and B: Change the word citizen to resident in each paragraph. Section 1, Paragraph D: Change the appointee and delete the clause years in anyone position". word citizen to "or a total of ten r Section 1, Paragraph E: - Unexcused absences - Add the clause, "are subject to approval by the Board on which appointee is serving" to the last sentence of Paragraph 2. Delete Paragraph Department is to Gunder prepare Section 1: a conflict The Legal of interest \ ~ MINUTES OF REGULAR MEETING, MAY 15, 1989 ( CONTINUED) 505 " I DISCUSSION OF HUMAN RELATIONS COMMISSION REQUEST TO SEEK AMENDMENTS TO SECTION 1 OF CHAPTER 960, HOUSE BILL 629 ENABLING LEGISLATION Commissioner Corbett commented on a request by the Human Relations Commission to seek two amendments to Section 1 of Chapter 960, House Bill 629. The amendments will enable the County Commissioners. to change the local fair employment and fair housing ordinances to meet federal standards of age discrimination and state standards of coverage in the handicapped discrimination plus allow the County Commissioners to adjust the local ordinance to meet specific local needs. Motion: Commissioner Corbett MOVED, SECONDED by Chairman Retchin to request the Legal Department to prepare the amendments to the enabling legislation as requested and forward the bills to the local Legislators. Upon vote, the MOTION CARRIED UNANIMOUSLY. REPORT ON OCEAN SHORE EROSION RESEARCH SEMINAR Vice-Chairman O'Neal commented on the Ocean Shore Erosion Research Seminar held at the Wilmington Hilton stating no new solutions have been discovered; however, everyone agrees that structures must be moved further back from beach shorelines. DISCUSSION OF SOUND SYSTEM Commissioner Mathews asked made in resolving the problems sound system. if any progress has been being experienced with the I County Manager Cooper stated he would discuss this matter with Director of Engineering & Facilities, Ed Hilton, and report back to the Board. DISCUSSION OF PROPOSED COMPENSATION FOR PERSONS UNDULY. IMPACTED BY EXPANSION OF THE SEWER SYSTEM Commissioner Mathews asked if a proposal has been prepared to compensate persons unduly impacted by expansion of the sewer system. County Manager Cooper stated he would check with the County Engineer and report back to the Board. DISCUSSION OF NAMING NEW ACCESS ROAD TO THE AIRPORT Commissioner Mathews commented on an article in the Star News which stated the Airport Commission voted to request the N. C. Board of Transportation to name the new access road, John M. Dolan Boulevard. He stated after research of Airport minutes and minutes of the Board of Commissioners, no decision was made. I Commissioner Corbett stated a committee was appointed to decide the most appropriate way to honor former Commissioner John Dolan. The recommendation of the committee was to establish the John M. Dolan Volunteer Fireman of the Year Award with a plaque being placed in the County Courthouse in honor of his service and memory. ADDITIONAL ITEMS - COUNTY MANAGER MEETING SCHEDULE FOR PRESENTATION OF DSS MANAGEMENT STUDY BY MAXlMUS, INC. County Manager Cooper stated Maximus, Inc. would like to schedule a meeting on Tuesday, May 30, 1989, to present the Department of Social Services Management Study. I ~ 506 , I \' ~ MINUTES OF REGULAR MEETING, MAY 15, 1989 (CONTINUED) Chairman Retchin recommended inviting the Board of Social Services to attend. Consensus: After discussion, it was the consensus of the Commissioners to schedule a meeting on Tuesday, May 30, 1989, at 2:00 P.M. in the General Assembly Room of the New Hanover County Courthouse for presentation of the DSS Management Study by Maximus, Inc. The Chairman was requested to invite the Board of Social Services. SOLID WASTE FORUM SCHEDULED FOR JULY 11, 1989 n County Manager Cooper stated Director of Engineering & Facilities, Ed Hilton, has recommended the dates of June 20, ' June 27, or July 11 for holding a public forum to discuss solid waste control. Consensus: It was the consensus of the Commissioners to schedule a public forum to discuss solid waste control on Tuesday, July 11, 1989, at 7:30 o'clock P.M. in the General Assembly Room of the New Hanover County Courthouse. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 1:00 o'clock P.M. Respectfully submitted, % .,/ ;'~ Lucie F. Harrell Clerk to the Board n c