1989-05-15 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