1990-01-16 Regular Meeting
787
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Tuesday, January 16, 1990, at 9:00
o'clock A.M. in the Assembly Room of the New Hanover County
Courthouse, 24 North Third Street, Wilmington, North
Carolina.
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Members present were: Commissioners Jonathan Barfield,
Sr.; E. L. Mathews, Jr.; Nolan 0' Neal; Vice-Chairman W.
Albert Corbett, Jr.; Chairman Fred Retchin; Acting County
Manager, Mary M. Gornto; 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
Reverend J. Don Skinner, Pastor of Gregory
Congregational United Church of Christ, gave the invocation.
Commissioner Mathews led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Vice-Chairman Corbett MOVED, SECONDED by
Commissioner Barfield to approve the minutes of the Special
Meeting of December 22 , 1989 , and the Regular Meeting of
January 2, 1990, as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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NON-AGENDA ITEMS
Chairman Retchin asked if anyone present would like to
speak on an item not listed on the Regular Agenda or an item
listed on the Consent Agenda. The following items were
discussed:
Discussion of Ft. Fisher Boat Ramp
Mr. Frank Henshaw commented on the poor condition of
the N. C. Wildlife Boat Ramp at Ft. Fisher and expressed
concern for the safety of the public when using this shallow
water access basin. He requested the Commissioners to
contact the County's local legislators for assistance in
obtaining State funds to dredge a narrow channel to the deep
water as a temporary measure until the entire basin can be
dredged.
Consensus: After discussion of the importance of this water
access to the public, it was the consensus of the Board for
the Chairman to write a letter to the local legislators
informing them of the problem and requesting assistance in
obtaining State funds for dredging and upgrading the boat
ramp.
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Introduction of the Director
Agricultural Extension Service
Public Services Director,
Phil Ricks, the new Director
Agricultural Extension Service.
of the New Hanover County
Mike Waters, introduced Mr.
of the New Hanover County
Mr. Ricks stated he is delighted to be working for New
Hanover County and is looking forward to promoting the
growth and development of the Agricultural Extension
Service.
On behalf of the Board, Chairman Retchin welcomed Mr.
Ricks and wished him well with his new position.
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788
MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Barfield MOVED, SECONDED by
Commissioner Mathews to approve the Consent Agenda as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA ITEMS
Approyal of Project Application for the Department of Aging
to Become a VISTA Sponsor
The Commissioners approved an application for the 0
Department of Aging to become a VISTA sponsor and authorized I
the Chairman to execute the document. ,_
Acceptance of State Grant for Construction of the New
Airport Terminal Complex
The Commissioners accepted a State Grant in the amount
of $250,000 to be used for construction of the new airport
terminal complex. The Finance Director was authorized to
execute the Local Funds Certification.
Report of Budget Amendment #90-0124 for Entry Into the
Record - Parks and Recreation Department
The following Budget Amendment was reported for entry
into the record:
90-0124 Parks and Recreation
Impact Fees
Debit
$70,000
Credit
Capital Improvements
$70,000
Purpose: To budget impact fees
improvement projects. This action
Commissioners on January 2, 1990.
for three
was approved
capital
by the
Report of Budget Amendment #90-0128 for Entry into the
Record - OUtside Agencies/Economic and Physical Development
The following Budget Amendment was reported for entry
into the record:
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90-0128 OUtside Agencies - Economic and Physical Development
and Non-Departmental
Debit
Credit
Non-Departmental
Contingencies
$3,500
Outside Agencies - Economic and Physical
Development
Lower Cape Fear Water & Sewer Authority
$3,500
Purpose: To budget funds for projected legal costs for the
Lower Cape Fear Water and Sewer Authority in opposing the
interbasin transfer of water from the Cape Fear River. This
action was approved by the Commissioners on January 2, 1990.
Approval of Budget Amendment #90-0127 and Contract
#NHC90-0021 - Snows Cut Beach Access Project
The Commissioners authorized the Chairman to execute Oil'
Contract #NHC90-0021 between the N. C. Department of
Environment, Health, and Natural Resources and New Hanover
County for acceptance of an Estuarine Water Beach Access
Grant in the amount of $62,830 of which $47,120 will be
provided by the State of North Carolina with New Hanover
County contributing $7,500 in cash and $8,210 in-kind
services for the Snows Cut Beach Access Project. The
following Budget Amendment was approved to establish a
budget for the project:
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED) .7.89
90-0127 Recreational Services/Snows Cut Beach Access
Debit
Credit
Recreational Services/Snows Cut Beach Access
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Snows Cut Park Grant
Operating Transfers In
(from General Fund)
In-Kind Match
$47,120
7,500
8,210
Other Improvements
Capital Outlay - Equipment
$59,830
3,000
Parks and Recreation
Other Improvements
$ 7,500
Transfer to Other Funds
Transfer to Other Funds (to fund 310/Capital
Projects/Recreational Services/Snows Cut
Beach Access
$ 7,500
Purpose: To establish budget for the Snows Cut Beach Access
Grant.
Approval of Funding Request for DSS Day Care Budget
The Commissioners approved a funding request for an
additional $200,000 to the Department of Social Services Day
Care Budget to maintain services at the current level.
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Acceptance of New Hanover County Tax Collection Reports
through December 31, 1989
The Commissioners accepted the following Tax
Collection Reports through December 31, 1989, as presented
by the Collector of Revenue:
New Hanover County Tax
New Hanover County Fire District Tax
The reports are hereby incorporated as a part of the
minutes and contained in Exhibit Book XVII, Page 42.
Approval of Value Adjustments on Property Listings and
Release of Listing Penalties
The Commissioners approved a list of adjustments and
release of penalties, as recommended by the Tax
Administrator.
The list of adjustments and release of penalties is
hereby incorporated as a part of the minutes and is
contained in Exhibit Book XVII, Page 42.
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Denial of Appeal for Release of Late Listing Penalty - Gold
Bond Building Products
The Commissioners upheld a late tax listing penalty in
the amount of $6,750.31 for Gold Bond Building Products as
recommended by the Tax Administrator. The company did not
request a listing extension and the Business Listing was not
received until September 12, 1989.
ADOPTION OF PROCLAMATION DESIGNATING THE MONTH OF FEBRUARY
1990 AS HUMAN RELATIONS MONTH IN NEW HANOVER COUNTY
Chairman Retchin stated for seventeen years February
has been the month designated to promote interaction and
understanding ,among people of different races, beliefs,
cultures, and needs with various events scheduled throughout
the month to celebrate and recognize the importance of
positive human relations in New Hanover County. He
requested adoption of a proclamation designating February
1990 as Human Relations Month in New Hanover County and
encouraged all persons to participate in the events
scheduled.
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790
MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
Motion: Vice-Chairman Corbett MOVED, SECONDED by
Commissioner Barfield to adopt the proclamation designating
February 1990 as Human Relations Month in New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
The proclamation is h~reby incorporated as a part of
the minutes and is contained in Exhibit Book XVII, Page 42.
PRESENTATION OF PLAQUE TO DAVID CROOM IN RECOGNITION OF HIS
WINNING THEME FOR HUMAN RELATIONS MONTH
Chairman Retchin, on behalf of the Board, presented a
plaque to David Croom, a first grader at Annie H. Snipes []
Elementary School, in recognition of his winning theme, "The
World is a Family". He congratulated David for an excellent l~
theme stating the message is one that challenges all
countries througho~t the world.
ADOPTION OF AMENDMENT TO THE BUILDING,
MECHANICAL AND PLUMBING FEE SCHEDULES
DEPARTMENT
Inspections Director, Sky Conklin, requested adding the
following paragraph to the Building, Electrical, Me~hanical
and Plumbing fee schedules:
ELECTRICAL,
INSPECTIONS
Habitual Working Without a Permit
Assessment of a $100 fee three (3) times in any twelve
(12) month period shall result in a $500 working with-
out a permit fee for subsequent violations. This
higher fee schedule shall remain in effect for a twelve
(12) month period beginning with the date of the third
$100 assessment. Payment of this fee shall be received
prior to issuance of any further permits. Further, the
Inspections Director may suspend credit account privil-
eges, and file misconduct charges with the appropriate
licensing board.
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Director Conklin stated the present fee schedules
provide for a two (2) step "working without a permit" fee
assessment and recommended adoption of the $500 fee in order
to have a mechanism for dealing with the small number of
contractors who work without the necessary permits.
Commissioner Mathews expressed concern for safety
violations stating contractors should not be working without
the necessary permits. He recommended assessing a $25 fee
for the first offense and a $500 fee for the second offense.
Commissioner O'Neal stated in fairness to contractors
who always comply to the permitting process, a $500 fee
should be imposed upon the second offense.
Motiqn: After further discussion, Commissioner Mathews
MOVED, SECONDED by Vice-Chairman Corbett to amend the
Building, Electrical, Mechanical and Plumbing fee schedules
to impose a fee of $25 for the first offense and $500 for
the second offense when working without a permit and to
authorize the Inspections Director to suspend credit account
privileges, and file misconduct charges with the appropriate
licensing board. The floor was opened for discussion.
Mr. Harry Dorsey, a local contractor, recommended r-J
imposing the $500 fee after the third offense in order to l J
allow the contractor to understand his error and obtain the
necessary permits.
Commissioner Barfield stated a contractor is
responsible for inquiring and obtaining the necessary
permits for any job; therefore, he feels the $500 fee should
be imposed upon the second offense.
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
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7-91
After further discussion, Chairman Retchin called for a
vote on the MOTION to assess a $25 fee for the first offense
and a $500 fee for the second offense. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of amendment to the Building, Electrical,
Mechanical and plumbing fee schedules is on file in the
Inspections Department.
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PRESENTATION OF JAIL EXPANSION ALTERNATIVES AND COSTS FOR
EACH OPTION
Acting County Manager Gornto stated as requested by the
Commissioners, Architect, Herb McKim, has prepared a cost
analysis of the various jail expansion alternatives and is
present to answer questions about the options presented.
The following cost analysis was presented:
1. 120 Single Cell Bed Expansion/Renovation of
the present Law Enforcement Center.
Cost: $6,400,000
1A. 140 Multi-bed Cell Expansion /Renovation of
the present Law Enforcement Center.
Cost: $5,800,000
2.
10 Single
Renovation
Center and
Drive with
and Multi-bed Cell Expansion/
of the present Law Enforcement
80 Bed Modular Jail on Division
closing of the Jail Annex.
Cost: $6,250,000
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3. 10 single and Multi-bed Expansion/Renovation
of the present Law Enforcement Center and
160 Bed Modular Jail with closing of the Jail
Annex.
Cost: $8,300,000
4. 10 Single and Multi-bed Expansion/Renovation
of the present Law Enforcement Center and 80
bed Modular Jail with the Jail Annex open.
Cost: $6,250,000
5. 124 Single and Multi-bed Expansion/Renovation
of the present Law Enforcement Center with
new office building (not including the cost of
property) .
Cost: $4,900,000
Discussion was held on Option #5 and proceeding with a
more detailed plan of this alternative. Architect McKim
recommended preparing a schematic design to better
understand the proposed plan before selecting a proposal.
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Vice-Chairman Corbett stated some counties and, cities
throughout the country are contracting the construction and
operation of jails through the Corrections corporation of
America stating this is another option to consider. He
stated under this arrangement, the more populated the jail,
the lower the cost per prisoner. Acting County Manager
Gornto stated this option has been given some consideration;
however, a new facility would have to be constructed with
the sale of the present Law Enforcement Center.
Commissioner Barfield cautioned rushing into expanding
the present downtown facility and emphasized the importance
of selecting an option that will meet future needs.
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792
MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
Vice-Chairman Corbett commented on the pre-trial
release programs stating the jail population should be
reduced and asked if we should consider expanding by 60
cells and adding the remainder of cells as needed.
Consensus: After a lengthy discussion on Alternative #5, it
was the consensus of the Board to direct Architect Herb
McKim to prepare a schematic design and determine the exact
cost of this option with a presentation being made February
19,1990.
SECOND READING OF AMENDMENT TO CHAPTER 12, ARTICLE VI, n
SECTION 12-48 (1) AND SECTION 12-49 OF THE NEW HANOVER ,_
COUNTY CODE REGARDING THE SALE OR LEASE OF SEXUALLY EXPLICIT
MATERIAL TO MINORS
Chairman Retchin stated the proposed amendment was
passed at the first reading; however, due to not receiving a
unanimous vote, a second reading is required for final
adoption. He announced that many persons present have
expressed a desire to comment; therefore, five minutes will
be allowed for the affirmative side and five minutes for
persons in opposition to the proposed amendment.
Chairman Retchin asked if anyone present would like to
speak in favor of the proposed amendment. The following
persons commented stressing the importance of protecting
children from sexually explicit materials since they act out
what they see and hear. They requested the Commissioners to
adopt the amendment as proposed:
Ms. Jean Weiss
Mr. H. G. Grohman
Mr. Scott Hillman
Chairman Retchin asked if anyone present would like to
speak in opposition to the proposed amendment. The II
following persons commented expressing concern for
protection of the first amendment and emphasized the l
importance of requiring parents to be responsible for
determining materials to be viewed or heard by their
children:
Mr. John Stuart
Mr. Les Welter
Mr. William R. Shell, Attorney representing the
American Civil Liberties Union and the North Carolina Civil
Liberties Union, expressed concern for including audio
recordings stating the proposed amendment is arbitrary and
capacious under North Carolina law since the material is
determined offensive only by being heard. He commented on
decisions rendered in the New York vs Ferber and the
Richmond Newspaper, Inc. vs Virginia stating consideration
must be given to the difference between the printed word,
recorded word, spoken word, and visual depiction of any form
of the sexual act. He cautioned adopting an ill advised
ordinance which does not uphold the first amendment of the
constitution, and stated the Commissioners as duly elected
officials have been sworn in to protect the constitution and
should oppose this proposed amendment instead of allowing
the courts to decide on the matter.
Commissioner Barfield stressed the importance of
protecting children stating parents and all persons
concerned about the future of America must assume the
responsibility of providing proper direction for our young
people.
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Vice-Chairman Corbett stated morals of a nation must be
upheld and that society and local governments must be
responsible for passing restrictions when necessary to
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED) 793
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provide protection and proper direction to our children, who
one day will be the leaders of our nation.
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Commissioner O'Neal expressed concern for tampering
with the first amendment of the U. S. Constitution stating
laws will not resolve this problem nor create good behavior.
He stated the Commissioners should be supporting and
developing programs that will involve parents and children
in recognizing the importance of education instead of
passing laws that will become a responsibility of law
enforcement.
commissioner Mathews stated the Commissioners are not
trying to restrict the sale of sexually explicit materials
sold to adults, only to minors, whom he feels should be
protected from exposure to undesirable materials.
Motion: Vice-Chairman Corbett MOVED,
Commissioner Mathews to adopt the proposed
Chapter 12, Article VI, Section 12-48(1) and
of the New Hanover County Code as presented.
MOTION CARRIED AS FOLLOWS:
SECONDED by
amendment to
Section 12-49
Upon vote, the
Voting Aye: Commissioner Barfield
Commissioner Mathews
Vice-Chairman Corbett
Chairman Retchin
Voting Nay: Commissioner O'Neal
A copy of the amendment is on file in the Clerk's
office for codification into the New Hanover County Code.
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BREAK
Chairman Retchin recessed the meeting for a break from
10:20 o'clock A.M. to 10:32 o'clock A.M.
DISCUSSION OF PERFORMANCE BONDS AND INFORMAL BIDDING
PROCEDURES CURRENTLY USED BY NEW HANOVER COUNTY
Chairman Retchin stated the following recommendations
have been presented by the County Staff to improve the
informal bidding procedures currently used by the County:
1. Effective February 1, 1990, any new construction
or repair job in an amount not to exceed $15,000
will not require the contractor to provide a
Performance Bond.
2. Effective February 1, 1990, any construction or
repair job less than $50,000, which will not be
performed by in-house labor, must be filed with
the County Purchasing Agent each Monday morn-
ing. The jobs will be held open for four (4)
days to allow interested parties to contact the
proper department for bidding information. Con-
tracts will be awarded on Friday mornings after
8:00 A.M.
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County Attorney Pope stated these recommendations
should better inform and provide more opportunities to
contractors who desire to perform work for the County.
Acting County Manager Gornto stated in the past when a
job qualified for informal bidding the department head would
contact three contractors and award- the bid to the lowest
bidder. Under the proposed policy, jobs would be announced
providing all contractors an opportunity to bid on all jobs
available.
Commissioner Barfield disagreed with the
recommendations presented by Staff stating all jobs should
be either publicly advertised or a list of qualified
contractors should be developed following the procedures
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794 MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
used by the City of Wilmington which are as follows: (1) A
contractor must qualify to be placed on a list of
contractors who are forwarded announcements of all jobs
available; (2) in order to qualify, the contractor is
required to make a deposit of $500 which is returned upon
satisfactorily completing the job; (3) the contractor must
prove financial stability; and (4) the contractor must
prove that he is capable of performing the job being bid.
Chairman Retchin stated the only difference between the
proposal being discussed and the City's policy is mailing an
announcement of the jobs available which can be incorporated 0.
into the proposed recommendation. ~
commissioner Barfield
contractors to bid for
performing.
cautioned allowing undesirable
work they are incapable of
A lengthy discussion was held on the expense of
advertising or notifying contractors of all jobs available.
Finance Director Atkinson stated not only is advertising
costly but time consuming and in many instances will delay
work on various projects.
Director of Public Services, Mike Waters, expressed
concern for advertising small jobs ($150-$200) such as
removal of a tree or stump stating the time frame involved
with this process can create work delays which become costly
to the County.
Vice-Chairman Corbett suggested reviewing the City's
procedure before adopting the recommendations as presented.
Chairman Retchin asked
public would like to speak.
if anyone from the general
The following person commented:
Mr. Harry Dorsey, a local contractor, stated the City [l
does have a program dealing with certain types of jobs with
pre-qualified contractors for programs involving upgrading , .
of minimum housing. He expressed concern for contracts
under $50,000 which do not require advertising with no
method of notification to all contractors in the county and
requested the Commissioners to approve the recommendations
as presented.
Consensus: After further discussion, it was the consensus
of the Board to request the Acting County Manager and
Finance Director to contact the City for procedures used
when awarding informal bids and place this item on the
agenda for the February 19, 1990, meeting.
ADOPTION OF RESOLUTION WAIVING THE REQUIREMENTS FOR
PERFORMANCE BONDS ON PURCHASES OF APPARATUS, SUPPLIES,
MATERIALS, OR EQUIPMENT
Finance Director, Andrew J. Atkinson, presented a
resolution waiving the performance bond requirement when
purchasing apparatus, supplies, materials, or equipment
except in a specific case where the Purchasing Agent in
consultation with the County Attorney and County Manager
determine a performance bond should be required. He stated
the statues have been amended to allow the waiver and 0
requested the Commissioners to adopt the resolution as
presented.
Motion: Vice-Chairman Corbett MOVED, SECONDED by
Commissioner 0' Neal to adopt the resolution as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
The resolution is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVII, Page 42.
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 ( CONTINUED) 7 9 5
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ADOPTION OF RESOLUTION ESTABLISHING POLICY AND PROCEDURE FOR
DEPOSIT OF MONEY IN LIEU OF SURETY BOND
County Attorney Pope stated the proposed policy will
address problems that can arise from a cash deposit and
emphasized the fact that this policy is applicable only at
such time as a bond is required.
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Vice-Chairman Corbett asked who would receive interest
accrued on a cash deposit. County Attorney Pope stated the
interest accrued would be returned to the depositor when job
is satisfactorily completed.
Vice-Chairman Corbett recommended clearly stating that
accrued interest will be returned to the contractor.
County Attorney Pope stated the resolution will be
amended to read as follows:
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Paragraph (3) Such deposit of money by the contractor
shall be deposited in an interest bearing bank account
by the New Hanover County Finance Director and the
total amount of the performance bond shall be so held
by New Hanover County for a period of twelve (12)
months from the date of the County's final written
acceptance of the completed project at which time the
total amount of the performance bond plus accrued in-
terest shall be refunded to the contractor. The total
amount of the payment bond, plus accrued interest,
shall be refunded to the contractor upon final written
acceptance of the completed project and upon the con-
tractor furnishing the County a Contractor's Affidavit
affirming that all persons furnishing materials or per-
forming labor for which the contractor or subcontractor
is liable have been paid in full.
Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner
Mathews to adopt the resolution including the accrued
interest verbiage as proposed by the County Attorney. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
The adopted resolution is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XVII, Page
42.
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AUTHORIZATION TO PROCEED WITH THE CASTLE HAYNE AQUIFER STUDY
Acting County Manager Gornto stated following the Board
meeting on August 21, 1989, Chairman Retchin contacted
surrounding counties seeking their participation in a
regional groundwater study of the Castle Hayne Aquifer. She
stated only two responses were received; therefore, the
second option presented by Mr. William Lyke of the U. S.
Geological Survey was to perform a county-wide study
conducted over a 3-year period at a total cost of $350,000
to $400,000. The U. S. Geological Survey would provide half
of the funding with the remaining half being paid by the
State, County, and other cooperating agencies. Based upon
information received, if the State continues to contribute
$15,000 annually, the study would cost the County $50,000
annually for a period of three (3) years unless one or more
municipalities decide to participate in funding of the
study.
Mr. Ron Andrews, an engineer and member of the
Wilmington Excellence Committee, commented on the importance
of performing this study stating water resources for this
area will be a critical need in the future with the
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796
MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
possibility that the Northeast Cape Fear River will not be
capable of providing the qualify of water needed. He
encouraged the Commissioners to proceed with a county-wide
study.
Commissioner Mathews commented on an article written by
the Clean Water Fund of North Carolina stating the most
productive aquifer in the state is the Castle Hayne Aquifer
and that this aquifer and other coastal aquifers are in
danger of salt water intrusion. He stressed the importance
of preserving this natural resource and recommended
proceeding with the study.
Discussion was held on the facts that should be gained
from the study. Mr. Andrews stated the study will identify
the exact location of the salt/fresh water interface. Once
the exact location is identified, figures can be determined
as to how much fresh water can be pumped from the ground
without moving the salt water interface westward which would
encroach on wells located throughout the county. Also, the
study will identify the recharge areas and allow for
long-range planning to avoid the location of polluting
facilities and asphalt run-off in these areas.
Assistant Planning Director, Dave Weaver, stated after
a conversation with the U. S. Geological Survey, they have
requested a meeting to discuss the outline of the study and
determine the exact cost. He also commented on this item
being discussed by the Pender County Board of Commissioners
at their meeting scheduled for tonight and indicated they
may be interested in meeting jointly to discuss the study.
Vice-Chairman Corbett recommended contacting Pender
County and other municipalities within the County to see if
they are interested in funding participation stating, he
feels, this should be a joint effort by all.
Acting County Manager Gornto recommended discussing
this issue with Pender County and possibly holding a joint
meeting with the U. S. Geological Survey to determine the
criteria for establishing the scope of the study and present
these findings to the Commissioners at a later meeting.
Consensus: After further discussion, Vice-Chairman Corbett
MOVED, SECONDED by Commissioner Mathews to proceed with the
study as follows: (1) request the Acting County Manager to
contact Pender County and other municipalities to see if
they are interested in participating in the study and
meeting jointly with the U. S. Geological Survey to
determine the scope of the study and the exact cost; (2)
request input from members of the Wilmington Excellence
Committee and other organizations interested in the study
when establishing the criteria to be listed in the study;
and (3) prepare a report defining the elements and cost of
the study to be presented to the Commissioners as an agenda
item at a later date. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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CONSIDERATION OF TAX APPEAL ON 1981 VOLKSWAGEN VAN
Reverend Ron McKee, Pastor of The Rock of Wilmington
Church, stated the Church is incorporated as a non-profit 0
organization in the State of North Carolina and is
recognized by the Federal Government as a SOl-C3 tax exempt l
church. He stated in order for the church to purchase the
1981 Volkswagen Van he sold his personal car, gave the money
to the church, and loaned the church the additional money
for purchase of the van. He expressed concern for being
told by the Tax Administrator that the vehicle is not tax
exempt if the vehicle is being used for personal use. He
requested the Commissioners to approve the application for
exemption of this vehicle and listed the following uses of
the van:
1. The van was purchased out of necessity and is used
to transport equipment back and forth to Trask Middle
School.
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED) 797 ~
2. The van is used for out-of-town trips and group
activities for the youth and children of the church.
3. The van is used by the pastoral staff in performing
the daily ministerial functions of the church.
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Tax Administrator, Roland Register, stated property
qualifying for exemption must be wholly and exclusively used
by the organization, not for personal use. He stated
unfortunately, exemption of this vehicle is not allowed by
law.
Reverend McKee stated Mr. Register
courteous and helpful in this matter;
distressed that the State Statutes do
vehicle since it is used for carrying out
church.
has been quite
however, he is
not exempt this
the duties of the
commissioner Mathews stated the Tax Administrator has
to comply with State Statutes; therefore, the application
for exemption cannot be approved. He suggested that
Reverend McKee contact the local legislators and express his
concerns for the statutes governing this type of exemption.
Motion: After further discussion, Commissioner O'Neal
MOVED, SECONDED by Vice-Chairman Corbett to uphold the
taxation and penalty as submitted by the Tax Administrator.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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AWARD OF CONTRACT iSTE-89-0309 TO LEADER CONSTRUCTION FOR
SITE WORK AND FOUNDATIONS - STEAM PLANT EXPANSION
Director of Engineering & Facilities, Ed Hilton, stated
staff received the following bids for the site work and
foundations at the Steam Plant and recommended award of the
low bid to Leader Construction with a request by the MBE
Officer to waive the following items of the bid packet: (1)
two MBE/DBE forms in the bid package which were not
applicable; and (2) require the contractor to submit only
one (1) copy of the contract instead of the eight (8) copies
as listed in the bid package.
Bids Received:
Leader Construction
Miller Building Corp.
Cape Fear Construction
Laughlin-Sutton Construction
The Industrial company/SMC
$ 976,455
$ 999,700
$1,180,000
$1,221,000
$1,394,000
Motion: After discussion, Commissioner O'Neal MOVED,
SECONDED by Vice-Chairman Corbett to award the low bid in
the amount of $976,455 to Leader Construction; waive the two
bid items as requested by the MBE Officer; and authorize the
Chairman to execute the contract subject to approval by the
County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY
WATER & SEWER DISTRICT
commissioner Mathews MOVED, SECONDED by commissioner
O'Neal 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
11:45 o'clock A.M.
Vice-Chairman Corbett MOVED,
0' Neal to reconvene to Regular
MOTION CARRIED UNANIMOUSLY.
SECONDED by Commissioner
Session. Upon vote, the
Chairman Retchin reconvened to Regular Session at 11:56
o'clock A.M.
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
798
DISCUSSION OF UNUSUAL NOISE AT THE STEAM PLANT
Commissioner Barfield stated two citizens from the
Wrightsboro area have called complaining about a loud noise
during the night which comes directly from the Steam Plant.
He requested the Director of Engineering & Facilities to
check into this matter.
Director of Engineering & Facilities, Ed Hilton, stated
he would glad to investigate this matter and contact the
persons who called.
COMMITTEE APPOINTMENTS
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APPOINTMENT OF JANE B. JOHNSON TO SERVE ON THE DOMICILIARY
HOME COMMUNITY ADVISORY COMMITTEE
Chairman Retchin stated we are in need of citizens to
serve on the Domiciliary Home Community Advisory Committee
and encouraged the Commissioners to recruit applicants.
Clerk to the Board, Lucie F. Harrell, stated the
Director of Aging, Annette Crumpton, has been contacted and
is working with retired senior volunteers to recruit
applicants interested in serving on this committee.
Motion: Commissioner 0' Neal MOVED, SECONDED by
Vice-Chairman Corbett to appoint Ms. Jane B. Johnson to
serve an unexpired term on the Domiciliary Home Community
Advisory Committee. The term will expire on June 1, 1992.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF JEWELL G. FLOYD TO SERVE ON THE NURSING HOME
ADVISORY COMMITTEE
Chairman Retchin stated Jewell G. Floyd, who presently
serves on the Domiciliary Home Community Advisory Committee,
has requested to be appointed to the Nursing Home Advisory
Board.
o
Motion: After discussion, Vice-Chairman Corbett MOVED,
SECONDED by Chairman Retchin to appoint Jewell G. Floyd to
fill an unexpired term on the Nursing Home Advisory
Committee. The term will expire on April 1, 1991. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
RETREAT SCHEDULED FOR FEBRUARY 9 AND 10, 1990
Acting County Manager Gornto presented dates and
information for planning a retreat. She recommended that
the retreat begin at 4:00 P.M. on Friday, break for dinner,
and conclude by 9:30 or 10:00 P.M. The Board would
reconvene at 9:00 A.M. on Saturday morning and conclude by
12:00 noon or no later than 3:00 P.M. She presented the
following items for discussion and requested the
Commissioners to contact her if they desire other items to
be discussed:
1. Sewer System Construction
2. Future Capital Projects
3. Review of the Annual Financial Report
4. Airport Customs Building
Consensus: After discussion, it was the consensus of the
Board to plan a retreat for February 9 and 10, 1990, at the C
Blockade Runner beginning on Friday at 5:00 P.M., breaking
for dinner from 6: 30 P oM. to 7: 30 Po Mo concluding at 9: 30 ,_
P.M. and reconvening at 9:00 A.M. on Saturday.
POSTPONEMENT OF EVALUATION FOR COUNTY ATTORNEY AND CLERK TO
THE BOARD
Chairman Retchin stated the annual evaluations for the
County Attorney and Clerk to the Board are due and asked how
the Board would like to handle the evaluation process.
Commissioner Barfield commented on salaries for
department heads and emphasized the importance of salaries
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MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED) 799
"
being in place before hiring a County Manager. He
recommended that the Board review the salaries currently
being paid to department heads and discuss this issue at the
retreat. Acting County Manager Gornto stated the Personnel
Department does review all salaries every three years with
the exception of department heads.
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Consensus: After further discussion, it was the consensus
of the Board to delay evaluations for the County Attorney
and Clerk to the Board until the F~bruary 19, 1990, with a
review of the Personnel Pay Schedule, including department
heads salaries, at the retreat.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Report on Use of Trailers in Rankin Terrace Community
Commissioner Barfield reported on the success of the
Rankin Community Enrichment Program stating the age limit
has been modified to include teenagers as well as children.
Request for Update from the Parks & Recreation Advisory
Board
Commissioner Corbett requested an update on the
activities of the Parks & Recreation Advisory Board.
Consensus: It was the consensus of the Board to request the
Acting County Manager to schedule an update from the Parks &
Recreation Advisory Board as an agenda item at a future
meeting.
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Discussion of Personnel Study Performed by the southeastern
Mental Health Department
Commissioner Barfield commented on a Personnel Study
performed by a State consultant for the Mental Health Center
stating the report was excellent and that possibly this type
of study should be conducted by the County. He stated the
study provided a comprehensive evaluation of each department
with no criticism of employees, and that once the report is
completed, he will forward a copy to the Commissioners for
review.
Discussion of Naming the Detox Center
commissioner Barfield asked if the Commissioners would
like to be involved with the naming of the Detox Center.
Consensus: After discussion, it was the consensus of the
Board to allow the Mental Health Board to name the center as
they so desire.
ADDITIONAL ITEMS - COUNTY MANAGER
Reminder of Joint Work Session Scheduled with the New
Hanover County Planning Commission
Acting County Manager Gornto reminded the Commissioners
of the Joint Work Session scheduled with the Planning
Commission for Monday, January 22, 1990, at 7:30 P.M. in
Room 501 of the New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina.
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Authorization for the Director of Engineering & Facilities
to Reject Two Bids Received on the Loading Bridges and
Authorization for HNTB to Proceed with Design of USAir Areas
in New Terminal Complex Contract iAIR-90-0004 New
Hanover County Airport
Director of Engineering & Facilities, Ed Hilton,
requested authorization to reject two (2) bids on the
loading bridges and re-advertise, if necessary. He stated
each bid had a series of exemptions or exceptions to the bid
specifications; therefore, staff is trying to clarify these
concerns and, if necessary, reject the bids and
re-advertise.
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800
MINUTES OF REGULAR MEETING, JANUARY 16, 1990 (CONTINUED)
Motion: After discussion, Vice-Chairman Corbett MOVED,
SECONDED by Chairman Retchin to authorize the Director of
Engineering & Facilities to reject the two bids received on
the loading bridges, if necessary, and re-advertise. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Director of Engineering & Facilities, Ed Hilton,
requested authorization for HNTB to proceed with the design
of USAir areas in the new terminal complex and authorization
for the Chairman to execute the contract. He stated the
design cost is $49,800 and is included in the funds that the ~
County is financing for USAir.
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Motion: After discussion, Vice-Chairman Corbett MOVED,
SECONDED by Chairman Retchin to authorize the Director of
Engineering & Facilities to proceed with design of USAir
areas in the new terminal and authorize the Chairman to
execute Contract #AIR-90-0004 in the amount of $49,800
subject to approval by the County Attorney. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
EXECUTIVE SESSION
Chairman Retchin requested an Executive Session to
discuss pending litigation and a personnel matter.
Motion: Commissioner Mathews MOVED, SECONDED
Vice-Chairman Corbett to convene to Executive Session.
vote, the MOTION CARRIED UNANIMOUSLY.
by
Upon
Chairman Retchin convened to Executive Session at 12:16
o'clock P.M.
Motion: Commissioner Mathews MOVED, SECONDED
Vice-Chairman Corbett to reconvene to Regular Session.
vote, the MOTION CARRIED UNANIMOUSLY.
by
Upon
Chairman Retchin convened to Regular Session at 12:50
o'clock P.M.
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ADJOURNMENT
Motion: Vice-Chairman
Commissioner O'Neal to
CARRIED UNANIMOUSLY.
Corbett
adjourn.
MOVED, SECONDED by
Upon vote, the MOTION
Chairman Retchin adjourned the meeting at 12:52 o'clock
P.M.
Respectfully submitted,
~y~~
Clerk to the Board
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