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1989-11-20 Regular Meeting r'" -724 MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 20, 1989, at 9:00 A.M. in the Assembly Room of the New Hanover 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; Acting County Manager, Mary Gornto; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. 1 Chairman Retchin called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Finance Director, Andrew J. Atkinson, gave the invocation. Commissioner Corbett led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to approve the minutes of the Special Meeting of November 1, 1989, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Retchin asked if anyone from the general public would like to present an item not listed on the Regular Agenda or discuss an item listed on the Consent Agenda. The following issues were presented: Discussion of Consultant Contract With Stanton M. Peters & Associates Mr. William Funderburg, a resident of Blue Clay Road, 1 expressed concern for the original contract with Stanton M. Peters & Associates. He requested the Commissioners to review the original contract with the contract submitted for Item #10 stating the contract agreement under Item #10 is not a part of the original contract agreement with Stanton M. Peters & Associates dated May 22, 1987. He presented the fOllowing questions and remarks: (1) What Staff Member requested the contract under Item #10 to be placed on the agenda? (2) The cover letter from the Acting County Manager stating "the attached is a copy of Dr. Peters scope of services as accepted by the Board in an agreement executed on May 22, 1987," is not correct. There are differences in the contract. (3) Refer to the first page of the original contract with Dr. Peters and note that the completion date for services under Phases I and II expired six months ago. (4) Refer to the second page of the Guideline Contract Agreement executed by Chairman Nolan 0' Nealon the 9th day of June 1987 under Item 4(a) extra work; and Item B, work authorized for Phases III and IV, and notice that the agenda packet copy is not the same as the original copy. The work copy has pages I" missing, changed conditions, and differences in the typing and wording. (5) Please answer the following questions: (a) The date of the original contract agreement between New Hanover County and Stanton M. Peters & Associates; (b) the date when Phases I and II were completed; (c) the extra charges to date; and (d) how much money has been spent to date on engineering services for Phases I and II from the $2,300,000 fee paid to Stanton M. Peters & Associates. (6) Refer to Exhibit C of the original contract under the "No Fee Proposal Schedule" which states, "Phase I--a lump sum of ~ MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) " :725 $20,000; and Phase II--"an hourly rate, but not to exceed $105,000". Also note that prior to the start of Phases III and IV, the remainder of the contract will be negotiated between New Hanover County and the Engineer. When did the Board give notice to proceed with Phases III and IV and where is an updated fee schedule? (7) Will the work under Phases III and IV be contracted out? I (8) The Board should request for a third party review related to project administration requirements, Standard Practice and Procedures of Section 0200 and 0300 Sub-chapter 5B Section 0100, Sub-chapter 6C of the North Carolina Administrative Code, Title 19-A and in relation to N. C. General Statute 143-129 as amended by the 1989 Session Law C-480, North Carolina General Statute 87-15, 87-15.1, 87-13, 87-13.1. Where are the laws of certification as defined in Part 3, Article 3, Sub-Chapter 2 of Chapter 159 of the N. C. General Statutes Contractor's Statement of Non-collusion. (9) The Board should request an adjudicatory hearing with the N. C. Department of Environmental Management on Air Quality Permit 5151-R3 within the 30-day deadline in order to avoid future costs for not meeting the refuse plant air control regulations. The present refuse plant specifications will not meet air quality controls. Chairman Retchin stated the contract has been extended with the scope of services including a complete start-up of the plant now under construction, and requested Mr. Funderburg to discuss these issues under Item #10. I Mr. Funderburg stated contractors and consultants should be paid as negotiated in agreements, not with assumptions. He requested the Commissioners to carefully consider the questions asked when discussing Item #10. He expressed appreciation to the Board for being allowed to express his opinions since he will not be present during discussion of Item #10. APPROVAL OF FUNDING PARTICIPATION FOR REMOVAL OF THE ELECTRICAL VAULT IN THE THALIAN HALL PARKING LOT Mayor Don Betz requested the Commissioners to reconsider funding for relocation of the electrical vault in the Thalian Hall parking lot. He stated removal of the structure would create additional parking spaces and aesthetically improve the $5,000,000 renovation project of Thalian Hall. Mayor Betz requested the Commissioners to consider equally funding the cost for relocation of the building. Acting County Manager Gornto stated cost estimates received from Carolina Light and Power Company were as follows: 1. Relocation of the transformer to the light pole on Chestnut Street $20,000 $30,000 2. Removal of transformer to pad mount I Commissioner Barfield and Commissioner Corbett expressed concern for the amount of money involved stating painting and planting of shrubs around the building as approved at the prior meeting should be sufficient. Motion: After further discussion, Chairman Retchin MOVED, SECONDED by Vice-Chairman O'Neal to relocate the transformer to a light pole located at Chestnut Street in an amount not to exceed $20,000 with $10,000 funded by the County and $10,000 funded by the City of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Mathews Vice-Chairman O'Neal j 7 2 E)1INUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) Chairman Retchin voting Nay: Commissioner Barfield Commissioner Corbett APPROVAL OF CONSENT AGENDA Motion: Commissioner Mathews MOVED, SECONDED by Corbett to approve the Consent Agenda as presented. the MOTION CARRIED UNANIMOUSLY. Commissioner Upon vote, CONSENT AGENDA n Adoption of Budget Resolution for Cape Fear Community College The Commissioners adopted the Cape Fear Community College Budget Resolution as required by N.C.G.S. 115-D. A copy of the resolution is contained in Exhibit Book XVII, Page 38. Acceptance of Donated Items from Pleasure Island Volunteer Rescue Squad, Inc. The Commissioners accepted furnishings and fixtures as donated by the Pleasure Island Volunteer Rescue Squad. A list of donated items is contained in Exhibit Book XVII, Page 38. Approval of Contract #EMS-89-0333 with Medical Transportation Specialist, Inc. to Provide Ambulance Service - Emergency Medical Services Department The Commissioners approved a contract with Medical Transportation Specialist, Inc. to provide scheduled non-emergency ambulance service within New Hanover County and non-emergency and emergency ambulance service originating within New Hanover County with an out-of-county destination. The Chairman was authorized to execute the document. A copy of the contract is on file in the County Manager's office. n Adoption of Resolution Recreation to Negotiate Board of Education for Ballfield The Commissioners adopted a resolution authorizing the Director of Parks & Recreation to negotiate an agreement with the New Hanover County Board of Education for recreational use of the Myrtle Grove Middle School Ballfield by citizens of the County. Authorizing the Director of Parks & an Agreement with the New Hanover County Use of the Myrtle Grove Middle School A copy of the resolution is contained in Exhibit Book XVII, Page 38. Approval of Budget Amendment #90-0085 - New Hanover County Health Department The Commissioners approved the following Budget Amendment to budget additional State funds for the Health Department: 90-0085 Health Department/Women, Infants & Children (WIC) Debit Credit [ WIC Grant $8,323 Departmental Supplies $8,323 Purpose: To budget additional State Funds. Approval of Budget Amendment #90-0086 New Hanover County Airport The commissioners approved the following Budget Amendment: , \ ~ MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) 727 " 90-0086 Airport Economic & Physical Development/Outside Agencies Debit Credit General Government Appropriated Fund Balance $8,198 Economic & Physical Development/Outside Agencies Airport $8,198 I Purpose: Contribution to Airport to cover expenses authorized and incurred prior to June 30, 1989. Acceptance of Budget Amendment #90-0088 for Entry Into the Record - Southeastern Mental Health Center - Detox Facility The following Budget Amendment was reported for entry into the record: 90-0088 Non-Departmental/Southeastern Mental Health Center Debit Credit Non-Departmental Contingency $69,585 Outside Agencies/Human Services Southeastern Mental Health Center $69,585 Purpose: Additional funding for the Detox Center as approved by the Commissioners on November 6, 1989. Approval of Budget Amendment #90-0090 Day Care Program Department of Social Services The Commissioners approved the fOllowing Budget Amendment: 90-0089 Department of Social Services/Child Day Care I Debit Credit Office of Day Care Services $128,346 Day Care Services $128,346 Purpose: To budget additional State allocation for Day Care. Approval of Budget Amendment #90-0090 to Transfer Funds From Interest Earned on Capital Account for Purchase of Furniture and Equipment for Health Department Expansion The Commissioners approved the fOllowing Budget Amendment and price quotes for purchase of furniture and equipment for the Health Department Expansion: 90-0090 Health Department Expansion Debit Credit Sales Tax Refund Interest on Investments $13,708 76,792 Capital Outlay $90,500 I Purpose: To budget available revenue for capital outlay to purchase furniture and equipment for Health Department expansion. A copy of the price quotes for furniture and equipment is contained in Exhibit Book XVII, Page 38. Adoption of Resolution to Preserve Tax-Exempt Bonds for State and Local Governments The Commissioners adopted a resolution encouraging the u. S. Congress to preserve tax-exempt bonds for the state and local governments. Copies of the resolution are to be forwarded to the u. S. Congressional Delegation. A copy of the resolution is contained in Exhibit Book XVII, Page 38. ~ 7~~S OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) Adoption of Resolution to Support Sales Tax Collections From out-of-State Businesses The Commissioners adopted a resolution supporting federal legislation to require out-of-state businesses to collect and remit state and local taxes to their customers' states. Copies of the resolution are to be forwarded to the U. S. congressional Delegation. A copy of the resolution is contained in Exhibit Book XVII, Page 38. Acceptance of Tax Collection Reports through October 31, 1989 [l The Commissioners accepted the following Tax Collection Reports through October 31, 1989, as submitted by the Collector L of Revenue: New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are contained in Exhibit Book XVII, Page 38. Release of Vehicles Values - Tax Department The Commissioners approved the following release of vehicles values as requested by the Tax Administrator: Mark steele Ross Robert P. Adelaide Stanley $2,184 $ 975 SELECTION OF JOHN SAWYER AS PROJECT ARCHITECT FOR THE MID-SOUTH BRANCH LIBRARY AND APPOINTMENT OF BUILDING COMMITTEE Ms. Rhesa stone, Chairman of the New Hanover County Public Library Advisory Board, recommended the selection of John Sawyer as project architect for the Mid-South Branch Library. She stated after reviewing proposals, John Sawyer was selected on the basis of experience in this type of structure, availability for needs, and design capabilities. She also recommended [l establishment of an Ad Hoc Building Committee and submitted a list of names to serve on the committee including a County - Commissioner. Commissioner Barfield recommended not appointing a County commissioner to serve on the Ad Hoc B~ilding Committee and requested the Building Committee to submit reports on the progress and activities of the committee. Motion: After discussion, 'Commissioner Barfield MOVED, SECONDED by Chairman Retchin to select John Sawyer as recommended by the Library Advisory Board and to establish an Ad Hoc Committee consisting of the following members who will submit reports on the activities of the Building Committee: Ed Hilton, Director of Engineering & Facilities David Paynter, Director of the Library as an Ex-officio Member Karen Gottovi, a member of the Library Advisory Board Virginia Conlon, a member of the Library Advisory Board John Igel, a member of the Library Advisory Board Rhesa stone, a member of the Library Advisory Board Upon vote, the MOTION CARRIED UNANIMOUSLY. Library Director Paynter requested authorization to file r-' preliminary grant applications for state and federal library L~ construction funds in the amount of $50,000 from the State and $500,000 from the federal government. He stated preparedness is the key factor considered by the federal government and state when reviewing grant applications. Motion: After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to authorize the Library Director to submit preliminary grant applications for state and federal library construction funds. Upon vote, the MOTION CARRIED UNANIMOUSLY. .~ MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) 729 " APPROVAL OF ONE- YEAR LEASE EXTENSION FOR COLLEGE SQUARE BRANCH LIBRARY Library Director Paynter stated the owners of the College Square Shopping Center have agreed to extend the present lease for a period of a one year beginning January 1, 1990, at a cost of $12.43 per sq. ft. He stated this extension will enable the Branch Library to operate until another branch system is developed. County Attorney Pope requested approving the lease subject to review and approval by the Legal Department. I Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to approve the one-year lease extension for the College Square Branch Library subject to final review and approval by the Legal Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF JAIL EXPANSION INCLUDING RENOVATION OF THE WLI BUILDING Acting County Manager Gornto stated following the presentation by Mr. Herbert P. McKim on August 29, 1989, the City of Wilmington contacted the County and asked if the County would like to include the WLI Building in design of the proposed jail expansion plan. She stated Mr. McKim was informed of this offer and has included renovation of the WLI Building in the option to be presented today. Mr. Herbert McKim reviewed and explained the following options that have been previously presented to the Board. 1. Expansion of the Present Law Enforcement Center for an increase of 120 beds Cost: $7,000,000 2. Expandable Modular Jail on Division Drive for an increase of 80 new beds and a 10 bed expansion of the Law Enforcement Center - Cost: $6,250,000 I 3. Removal of Departments from the Law Enforcement Center and Expansion of present facility - Cost not projected. Mr. McKim stated renovation of the WLI Building has been included in Option #4 stating this plan will provide the additional beds needed and at the same time allow for future expansion as well as remain next to the Courthouse. He presented Option #4 and listed the following advantages: Advantages: 1. provision of 50 additional parking spaces. 2. 122 - 172 additional beds depending on the option selected . 3. Space for future expansion of departments such as the 911 System, Patrol Division, etc. 4. Space for additional courtrooms. 5. Will not increase traffic congestion on 4th Street. Mr. McKim presented drawings of the proposed expansion to the Law Enforcement Building and renovation of the WLI Building stating the estimated cost is $9,050,000. I Commissioner Mathews expressed concern for the proposed expansion adequately addressing future space needs stating an expandable modular jail on Division Drive is still a very attractive option. He asked how long the proposed option will accommodate the County. Mr. McKim stated the proposed option would accommodate jail needs until the year 2005 and could be expanded to a 500 bed facility which should meet future needs. Discussion was held on funding. commissioner Barfield stated the option presented today addresses all concerns and requested the Acting County Manager to prepare cost figures for a $10,000,000 general obligation bond issue. ~ 7 3 0 MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) Consensus: After discussion of funding, it was the consensus of the Board to request the County Staff to present funding alternatives for Option #4 on December 18, 1989. Further discussion was held on the average daily jail population and the possibility of working with the court system to see if alternative detention programs can be established. Acting County Manager Gornto stated State funds, with a 50% match, are available for funding of a jail population study which involves the entire jail and court systems. She requested authority to work with the Sheriff and prepare a grant application in the amount of $20,000 for performance of a study [l stating four counties are presently using pretrial release ! programs operated by the County and private sector. ~- Commissioner Barfield and Commissioner Corbett expressed concern for filing a grant application for performance of a study without discussing this idea with representatives of the court system. They recommended obtaining information from the counties using pretrial release programs and once the information is received, schedule a meeting with the Judges, Sheriff, District Attorney, Clerk of Court, County Attorney, a representative of the Bar Association to discuss the idea before spending $20,000. Sheriff McQueen commented on the State Electronic House Arrest Program stating this does not reduce the jail population; however, implementation of pretrial release programs could reduce the jail population by 10%. Acting County Manager Gornto stated the requires representatives of the court system to the County in developing alternative detention stressed the importance of hiring a facilitator Task Force in gathering and analyzing data for these programs if study is performed. Consensus: After discussion of meeting with representatives of 0 the court system to see if they are interested in development of alternative detention programs, it was the consensus of the Board to request the Acting County Manager to meet with the Judges, Sheriff, Clerk of Court, District Attorney, County Attorney, and a member of the Bar Association to discuss the increasing jail population and ways to reduce the population through pretrial release programs. grant program cooperate with programs. She to work with a development of DISCUSSION OF ORIGINAL CONTRACT WITH STANTON M. PETERS AND THE AMENDMENT FOR APPROVAL OF PHASES III AND IV Dr. Stanton M. Peters commented on his contract and scope of services stating four phases were included in the original contract as follows: Phase I: Performance of a feasibility study to determine if an expansion to the Steam Plant is needed. The study was completed and presented to the Commis- sioners in May 1987 with notice to proceed with Phase II. Phase II: Preliminary design and cost estimate for perfor- mance of work for the expansion as submitted in the study. This work was completed in the latter part of 1987. Phases III & IV: Approval of amendment to Stanton M. Peters & Associates Contract on March 14, 1988, subject to approved financing of the expansion. $27,000,000 bond issue approved by the voters on November 8, 1988. [ Director of Engineering & Facilities, Ed Hilton, stated the original agreement with Stanton M. Peters & Associates provided the full scope of services for the entire proj ect. Only a portion (Phases I & II) of the contract was negotiated and funded due to funds not being available for the remainder of the project ., \ ~ MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) 731 " I until the method of financing was determined. On March 14, 1988, the Commissioners rejected approving the Certificate of Participation financing and scheduled a $27,500,000 Bond Referendum for November 8, 1988. At the same meeting the Commissioners approved an amendment to the original contract with Stanton M. Peters & Associates for consultant and design work for Phases III and IV in the amount of $2,300,000 subject to approved financing. When the bond issue was approved by the voters in November 1988, a third party review was performed by R. W. Beck & Associates, Dr. Peters was given notice to proceed with Phases III and IV. Chairman Retchin stated he assumed the contract presented by Mr. Funderburg (during the non-agenda items) dated May 22, 1987, was to provide all consultant and design services for the entire project. Dr. Peters stated this is true; however, it was felt that in order to inform the Commissioners of the scope of services and how they would be implemented, each phase was funded individually to allow the Board to control each portion of the project. The funding was approved for the Phases I and II with an agreement to negotiate the fee for Phases III and IV, which was approved on March 14, 1988, in the amount of $2,300,000. Commissioner Corbett asked if the original contract should be amended? Director Hilton stated the specific work scope defined in the 210 days of the original contract was for Phases I and II. The remainder of phases in the project (III and IV) were approved on March 14, 1988, subject to approved financing for the project. He stated the time frame was generally established at the beginning of the project; however, due to scheduling a Bond Referendum, the time frame changed and an updated Project Schedule will be prepared in January 1990. Director Hilton stated with the number of bids awarded the project is well within the proposed budget constraints. I Commissioner Corbett expressed concern for the contract not being amended. County Attorney Pope stated he would prepare an addendum to the original contract on actions that have been taken during the life of the project. Consensus: It was the consensus of the Board to request the County Attorney to prepare an addendum to the original contract between New Hanover County and Stanton M. Peters & Associates listing all amendments approved by the Commissioners to date. Chairman Retchin stated the other question presented by Mr. Funderburg was an explanation of the overall cost of services provided by Stanton M. Peters & Associates. Dr. Peters stated in March 1988, the cost of services for design work and construction of Phases III and IV was established. He stated the scope of services presented at that time was a duplicate of the original scope of services presented in 1987. Commissioner Corbett asked what amount of the $2,300,000 fee has been paid as of this date? Dr. Peters stated approximately $700,000 to $800,000 has been paid. I Chairman Retchin stated another question asked by Mr. Funderburg was with reference to environmental permits. Dr. Peters stated a 5-year air quality permit has been received with letters from the State notifying the County that the solid waste permit has been approved. Director of Engineering & Facilities, Ed Hilton, stated the County is still negotiating with the State on the final conditions of the solid waste permit; however, the permit has been through the State review process, clearing house process and the State is prepared to issue the permit upon a final agreement among all parties. Dr. Peters stated a temporary air quality permit was issued wi th an expiration date of October 31, 1989, in order to begin the project. This permit has been renewed and is in order. .~ 7 ~rES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) APPROVAL OF CONTRACT #ENG-89-0357 BETWEEN WEIGEL ENGINEERING COMPANY, INC. AND NEW HANOVER COUNTY - STEAM PLANT Director of Engineering & Facilities, Ed Hilton, stated when the original steam plant project was developed, the County opted to construct the facility through a turn-key process. This approach gave the County the ability to deal with a general contractor to provide for design and construction of the facility; however, with experience gained through operation of the Steam Plant for the past 5 years, the County opted to utilize a more cost effective approach whereby the County in conjunction with the consultant would be the controlling agent for construction of the expansion and the type of equipment r-Ij purchased. The firm Stanton M. Peters & Associates was selected ~ as Consultant and Project Manager for development of the project. - Director Hilton stated under this approach certain pieces of the project will be handled through the turn-key process; for example, the electric turbine where Dr. Peters was not required to design the turbine but was required to provide for design of the turbine through contract documents. In essence the County has actually contracted with a company to design and construct the electric turbine. The same process is being used with the Volund boilers. Director Hilton stated under the process for upgrading the existing boilers, Staff was going to use the same turn-key process until proposals were received with excessive cost figures; therefore, after further study by Staff, the approach was changed and the consultant contracted with Weigel Engineering Company, Inc. for design of the boiler modifications. He stated included in the proposal submitted by Weigel Engineering Company, Inc. was a cost figure of $96,000 to provide for an on-site field advisor during the modification of two boilers. Dr. Peters stated when preparing cost estimates in 1987, a meeting was held with local companies to discuss the boiler modifications and see if their companies were capable of r-1 modifying the boilers to comply with new EPA regulations. On I: I?ecd~mbet7 14t'h 1987, lad lettfer watsh receikvedt from Bat~COCtkd & WitlCOXf l--f ln lca lng ey wou per orm e wor a an es lma e cos 0 $5,200,000 which was considerably higher than anticipated. After reviewing what approach to follow, Staff requested the Commissioners to authorize Dr. Peters to perform a study as part of his scope of services to ascertain how the boilers should be modified. Dr. Peters retained the services of Weigel Engineering, Inc. who performed the study and presented a project cost of approximately $2,500,000 consisting of $96,000 for field advisors during modification of the two boilers and $125,000 for detailed engineering costs. Commissioner Corbett asked if the cost for the field advisor falls within the scope of services for Dr. Peters? Director Hilton stated the study by Weigel Engineering Company, Inc. was performed after the scope of services had been defined for Stanton M. Peters & Associates; therefore, the on-site field advisor fee should be paid by the County. Motion: After further discussion of the on-site field advisor being necessary, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the contract with Weigel Engineering Company, Inc. in the amount of $96,000 to furnish a consultant and field advisor for modification of the two existing ~ boilers at the New Hanover County Steam Plant. Upon vote, the I MOTION CARRIED UNANIMOUSLY. ~-~ A copy of the contract is on file in the County Manager's office. BREAK Chairman Retchin recessed the meeting for a break from 11:07 o'clock A.M. to 11:20 o'clock A.M. \ ~ I ,I I MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) 733 " APPROVAL OF TWO NEW POSITIONS IN THE PROTECTIVE SERVICES UNIT - DEPARTMENT OF SOCIAL SERVICES Director of Social Services, Wayne Morris, .requested the following protective services positions to work after regular hours stating no additional County funds are required: One (1) Human Resources Coordinator III One (1) Social Work Supervisor III Commissioner Corbett requested an explanation of how funds are available for the positions. Director Morris stated a salary lag will be used to fund the positions for the current year, and additional funds will be received from the State to fund the positions for next year. Commissioner Corbett commented on adding positions during the current fiscal year asking if the State will consider these positions eligible to receive State funds next year? Director Morris stated this will not be a problem with the State appropriation. Motion: After further discussion, Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal to approve the two positions as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF AMENDMENTS TO THE ORDINANCE ESTABLISHING THE HUMAN RELATIONS COMMISSION, THE HUMAN RELATIONS COMMISSION BY-LAWS, THE FAIR EMPLOYMENT ORDINANCE AND RULES OF PRACTICE AND PROCEDURE Director of the Human Relations Commission, William R. Jessup, presented amendments to the ordinance establishing the Human Relations Commission, the Fair Employment Ordinance, the Human Relations Commission By-Laws, and Rules of Practice and Procedure. He stated the purpose of the amendments is to provide consistency among the various documents, clarification of phrases and word usage. He expressed appreciation to Ms. Sandra Harkins and Ms. Shirley Berry for their work and effort given in reviewing the proposed amendments. Motion: Commissioner Corbett MOVED, SECONDED by Vice-Chairman O'Neal to adopt the amendments to the Human Relations Commission Ordinance, the Fair Employment Ordinance, By-laws, and Rules of Practice and Procedure as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the amended Ordinances are on file in the Clerk's office for codification into the New Hanover County Code. A copy of the amended By-Laws is contained in Exhibit Book XVII, Page 38. ADOPTION OF GUIDELINES FOR MINORITY BUSINESS ENTERPRISE/DIS- ADVANTAGED BUSINESS ENTERPRISE PROGRAM Ms. Pat Melvin, Minority Business Enterprise Program Manager, presented proposed guidelines in accordance with N.C.G.S. 143-128, 143-132 stating the County is responsible for establishing verifiable goals for minority participation in public building contracts of $100,000 or more; establishing percentage goals for contract participation; establishing guidelines for good faith efforts; and developing some means for insuring compliance. She stated the documents presented address the issues as outlined in the general statutes, and she recommended approval of the 10% verifiable goal. Commissioner Barfield emphasized the importance of providing guidelines that will specifically outline the procedures to follow when submitting a bid. Chairman Retchin recommended including a summary sheet of basic items to be required by New Hanover County in all bid packets. County Attorney Pope stated the requirements are summarized in the table of contents of the bid packet. A lengthy discussion was held on requiring a performance bond. Commissioner Barfield expressed concern for requiring a performance bond on small jobs when it is not required by State Statute. Director Hilton stressed the importance of protecting ~ MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) ''/31 the County and being consistent. He stated if a contractor fails to perform and has been paid by the County, the money is lost without a performance bond. Finance Director, Andrew J. Atkinson, stated the County normally requires performance bonds on all construction work; however; if the Board wishes to change this procedure he will be glad to do so. Discussion was held on establishment of a 10% minority participation goal. Ms. Melvin stated the recommended verifiable goal was based upon a review of the availability of minority construction businesses in the community compared to the overall number of businesses involved in construction. Based upon current projections, there are 500 businesses in the construction field with 48 of those known to be minority or female owned for a percentage of 9.9%; therefore, a 10% participation goal was established. n . I , I I. _____ Ms. Melvin stated before adopting the guidelines, the program's names should be clearly identified asking if the Commissioners prefer to call the program the "Minority Business Enterprise Program" or "Disadvantaged Business Enterprise Program"? She recommended naming the program a "Minority Business Enterprise/Disadvantaged Business Enterprise Program" (MBE/DBE Program). Motion: After discussion of a specific name for the program, Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to adopted the guidelines as presented with use of MBE/DBE Program throughout the document. Upon vote, the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adopt the 10% minority participation goal as presented by the MBE Officer. Upon vote, the MOTION CARRIED UNANIMOUSLY. r I , l~ County Attorney Pope requested deferring action on the Policy Statement to allow the Legal Department additional time to review the document and prepare a resolution. Consensus: It was the consensus of the Board to defer action on the Policy Statement until a resolution has been prepared by the County Attorney. This item is to be placed on the agenda for the meeting of December 18, 1989. ADOPTION OF A RESOLUTION OF INTENT TO CLOSE A PORTION OF JACKSON STREET Staff Planner, Resolution of Intent 1990, at 7:30 P.M. Street. Sam Burgess, requested adoption of a to schedule a Public Hearing on January 2, to consider closing a portion of Jackson Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman 0' Neal to adopt the Resolution of Intent to schedule a Public Hearing on January 2, 1990, to consider closing a portion of Jackson Street. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XVII, Page 39. APPROVAL OF LEASE AGREEMENT #EMS-89-0336 BETWEEN FEDERAL POINT MEDICAL CENTER, INC. AND NEW HANOVER COUNTY Emergency Medical Services Director, Larry Ray, stated with the dissolution of the Pleasure Island Volunteer Rescue Squad, the Federal Point Medical Center desires to enter into a lease agreement with New Hanover County to insure the continuation of EMS to the southern end of the County. The amount of the lease is $1,800 per month. The funds necessary for rent, utilities, etc. are available wi thin the current EMS Budget requiring no allocation of additional funds. I ~ I I I MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 (CONTINUED) 735 ., Commissioner Corbett requested the County Attorney to correct the words, lessor and lessee, on Page 6 of the contract document. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman 0' Neal to approve the lease with Federal Point Medical Center, Inc. with a correction of the words, lessor and lessee, on Page 6 of the agreement and to authorize the Chairman to execute the document. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF AIRPORT DEDICATION PLAQUE Director of Engineering & Facilities, Ed Hilton, stated at the request of the Board at a prior meeting, he prepared wording for the plaque with the following comments received from the Commissioners: 1. Add the name of former County Commissioner, Robert G. Greer. 2. Correct spelling in the name of former County Com- missioner Claud O'Shields, Jr. 3. Changed the dedication statement from: New Hanover Board of Commissioners to New Hanover County Com- missioners who approved and executed terminal con- struction. Commissioner Barfield stated in the past, the seated Commissioners approving the initial appropriation were the names placed on the plaque. He stressed the importance of recognizing persons involved with the beginning of the project stating this procedure should not be changed. Director Hilton stated due to multiple contracts and the period of time, various members have served on the Board. Commissioner Mathews commented on plaques for other structures, and read the names on the Courthouse Dedication Plaque, Library Dedication Plaque, and Law Enforcement Center Dedication Plaque stating most plaques list the name of the board serving at the time of dedication. Further discussion was held on whether names should be listed for the Board authorizing the initial appropriation for the project or the Board serving at the time of dedication. Commissioner Barfield stated in the future the County should develop a consistent policy for placing names on dedication plaques. commissioner Mathews recommended referring to the present Board of Commissioners, listing the names, and referring to former Commissioners, listing their names. He also questioned how to handle the former County Manager's title and the Airport Authority, which was not in existence at the beginning of the project. Motion: After further discussion, Commissioner Mathews MOVED, to approve the wording on the plaque as presented with an amendment to the listing of the Commissioners names to indicate the present and former County Commissioners and to list G. Felix Cooper's title as former County Manager. The floor was opened for discussion. Vice-Chairman O'Neal stated G. Felix Cooper's name should be listed as the County Manager since he was manager at that time. Chairman Retchin stated he would SECOND THE MOTION if the MOTION IS AMENDED to list G. Felix Cooper as the County Manager. Commissioner Mathews AMENDED HIS MOTION to approve the wording as presented with a listing differentiating between current County Commissioners and former County Commissioners. Upop vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner Mathews Chairman Retchin Voting Nay: Commissioner Barfield j 7 3 6MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) Commissioner Corbett Vice-Chairman O'Neal Director Hilton recommended removing the $5,000 allowance from the general contractor's agreement and allow the Commissioners to decide on the plaque at a later date. Consensus: After further discussion, it was the consensus of the Board to withdraw the $5,000 allowance from the general contractor's contract and delay action on the exact wording of the plaque until a later date. AUTHORIZATION FOR PURCHASE OF DREDGE DISPOSAL SITE Director of Engineering & Facilities, Ed Hilton, stated the County has an opportunity to purchase the second 50-year dredge disposal site. The entire site contains 54.5 acres at $7,500 per acre for a total cost of $408,750. The State has indicated continued support of 80% of the purchase price. He stated two basic alternatives are available for payment of the site to Marine Midland Bank: (1) an initial payment of 1/5 of the cost and four annual payments of principal and interest until July 1, 1993; and (2) apply funds in the amount of $201,000 expected from the state plus the $119,000 originally budgeted for the initial payment with the balance paid in two years. Director Hilton recommended utilization of the second option to reduce the impact on the current budget as well as future budgets. Motion: After discussion, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Mathews to authorize purchase of the dredge disposal site and utilize Option 2 using $201,000 of State funds plus the $119,000 originally budgeted with the remaining balance being paid to Marine Midland Bank in two payments due July 1, 1990, and July 1, 1991, subject to approval by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. CJ L~CH n Chairman Retchin adjourned the meeting for lunch from 12:30 o'clock P.M. to 1:17 o'clock P.M. - APPROVAL OF FULL-TIME FIXED ASSETS POSITION Director of Finance, Andrew J. Atkinson, requested changing a part-time Accounting Technician I position to a full-time Fixed Assets position stating as of June 30, 1989, the County has $145,000,000 of fixed assets which have to be maintained. He stressed the importance of proper control and maintenance of fixed assets. Motion: After discussion, Vice-Chairman O'Neal MOVED, SECONDED by Commissioner Mathews to approve changing the part-time position to a full-time Fixed Assets position at Salary Range 64, Step 1 as recommended by the Finance Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR ACTING COUNTY MANAGER TO NEGOTIATE AGREEMENT WITH HUNTING CLUB FOR USE OF COUNTY PROPERTY Acting County Manager Gornto stated the County owns approximately 200 acres of land in the vicinity of the Juvenile Services Center which has been used by Deerf ield Hunting Club through a verbal agreement with an unknown County representative three years ago. Registration by the Wildlife Division enables the applicant to restrict hunting and fishing activities on the property by anyone without an entry permit from the Deerfield Hunting Club. Recently, individuals, who were not members of the Club have requested permission to ride all-terrain vehicles on the property and have challenged restricted access on County owned property. Acting County Manager Gornto stated after discussion of liability concerns with the N. C. Wildlife Agent, the Executive ,Director of the Wilmington/New Hanover County Insurance Advisory Committee, and the County Attorney, it is recommended that the County enter into a lease agreement with the Deerfield Hunting Club for use of the property which would require the lessee to provide liability insurance and control access as follows: (1) restrict and control others' access; deny , \~ ~ i I \ ~ I I I MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) ., 737 access during hunting season; and allow restricted use at other times. Vice-Chairman 0' Neal expressed concern for leasing public property stating the property should be either totally opened or closed to the public. Acting County Manager Gornto commented on possible liability that could be involved with the old landfill site and all-terrain vehicles stating the County must have ample insurance coverage. Discussion was held on the use of the property by the Cape Fear Substance Abuse Center for the outdoor ropes course and the danger involved in allowing the public to hunt. County Attorney Pope recommended registering the land with the State who will allow the N. C. Wildlife Commission to prohibit hunting. Motion: After further discussion, Vice-Chairman 0' Neal MOVED, SECONDED by Commissioner Corbett to deny use of the property for vehicles and hunting and direct the County Attorney to register the land with the State so the Wildlife Commission will post the land. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A MEETING OF THE WATER & SEWER DISTRICT Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to convene from Regular Session to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin convened from Regular Session at 1:46 o'clock P.M. Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to reconvene to Regular Session. Upo~ vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin reconvened to Regular Session at 2:31 o'clock P.M. DISCUSSION OF TIMETABLE AND PROCEDURES FOR SELECTION OF A CO~ MANAGER Director of Personnel, Andre' Mallette, stated 170 inquires were received with receipt of 124 applications for filling the County Manager's position. He stated the next step will be screening of the applications and forwarding 24 applications to the Commissioners by December 8, 1989. Consensus: After discussion of right to review other applications, if necessary, it was the consensus of the Board to request the Personnel Director to forward 24 applications on December 8, 1989, with each, County Commissioner reviewing the applications and selecting ten names to be submitted to the Chairman by the first week in January. The applications will ,remain condifential until decided otherwise. COMMITI'EE APPOINTMENTS REAPPOINTMENT OF THOMAS 0' CONNELL AND APPOINTMENT OF JAMES H. BORDEAUX AND WILLIAM T. BOYD TO SERVE ON THE ZONING BOARD OF ADJUSTMENT Motion: Commissioner Mathews MOVED, SECONDED by Commissioner Corbett to reappoint Thomas O'Connell to serve a three-year term on the Zoning Board of Adjustment expiring November 15, 1992; to appoint James Bordeaux to serve a three-year term on the Zoning Board of Adjustment expiring November 15, 1992; and to appoint William Boyd as an alternate member to the Zoning Board of Adjustment. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 7 3 aINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) REAPPOINTMENT OF LOUIS R. SMITH TO THE PLUMBING EXAMINERS Motion: Chairman Retchin MOVED, SECONDED Barfield to reappoint Louis R. Smith to serve on the Plumbing Board of Examiners expiring Upon vote, the MOTION CARRIED UNANIMOUSLY. BOARD OF by Commissioner a three-year term December 1, 1992. RATIFICATION OF APPOINTMENT OF EXTRA-TERRITORIAL MEMBER TO THE CAROLINA BEACH ZONING BOARD OF ADJUSTMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to ratify the appointment of Bill Brown as an n extra-territorial member of the Carolina Beach zoning Board of Adjustment as requested by the Town Council. Upon vote, the l, MOTION CARRIED UNANIMOUSLY. VICE-CHAIRMAN O'NEAL EXCUSED FROM THE MEETING Vice-Chairman 0' Neal was excused from the meeting at 2: 35 o'clock P.M. to attend a special meeting of the Hospital Board of Trustees. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF BEACH RENOURISHMENT FUNDS FOR THE TOWN OF CAROLINA BEACH Acting County Manager Gornto requested approval of recommendation from the Port, Waterway and Beach Commission release of $27,850.20 beach renourishment funds for a revetment project on Carolina Beach Avenue North. the for rock Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to accept the recommendation of the Port, Waterway and Beach Commission for release of funds in the amount of $27,850.20 to the Town of Carolina Beach for a rock revetment project on Carolina Beach Avenue North. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin o Excused: Vice-Chairman O'Neal APPROVAL OF GRANT APPLICATION TO THE N. C. CHILD ADVOCACY INSTITUTE FOR CHILD CARE RESOURCE AND REFERRAL SERVICES Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews to authorize the Ad Hoc Day Care Task Force to apply for grant funds from the N. C. Child Advocacy Institute for child care resource and referral services. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Excused: Vice-Chairman O'Neal AUTHORIZATION TO OBTAIN THE SERVICES OF ROBERT H. GOSLEE & [ ASSOCIATES TO PERFORM THE SURVEY OF THE PENDER/NEW HANOVER COUNTY BOUNDARY LINE Acting County Manager Gornto requested authority to contract with Robert H. Goslee & Associates for performing the boundary line survey at a cost of $22,286. She stated the proposal will be presented to the Pender County Board of Commissioners with a recommendation for approval and sharing the cost with New Hanover County. Motion: Commissioner Barfield MOVED, SECONDED by commissioner Mathews to approve hiring the firm of Robert H. Goslee & Associates in the amount of $22,286 and authorize the Chairman to execute the document when prepared by the Legal Department. The I ~ I I I MINUTES OF REGULAR MEETING, NOVEMBER 20, 1989 ( CONTINUED) ,739 ., cost is to be shared on a 50/50 basis with Pender County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Excused: Vice-Chairman O'Neal CHANGE OF DATE FOR WORK SESSION TO DISCUSS THE 1991 TAX REVALUATION Commissioner Corbett requested changing the proposed date of Monday, November 27, 1989, to Wednesday, November 22, 1989, for the special Work Session to discuss the 1991 Tax Revaluation. Consensus: It was the consensus of the Board to schedule the Work Session on Wednesday, November 22, 1989, at 8:30 A.M. in Room 501 of the New Hanover County Administration Building. EXECUTIVE SESSION Chairman Retchin requested an Executive Session to discuss property acquisition. Motion: Commissioner Corbett MOVED, SECONDED by Commissioner Mathews to convene to Executive Session to discuss land acquisition. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Excused: Vice-Chairman O'Neal Chairman Retchin convened from Regular Session to Executive Session at 2:55 o'clock P.M. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to reconvene to Regular Session. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Excused: Vice-Chairman O'Neal Chairman Retchin convened to Regular Session at 3:24 o'clock P.M. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Corbett Commissioner Mathews Chairman Retchin Excused: Vice-Chairman O'Neal Chairman Retchin adjourned the meeting at 3:35 o'clock P.M. Respectfully submitted, CC~~ Clerk to the Board ~