1990-02-05 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 5, 1990, at 7:30 o'clock P.M. in the
Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert I
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 TO THE FLAG
Reverend Rene Para, Pastor of Unity Christ Church, gave the
invocation.
Chairman Retchin led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
O'Neal to approve the minutes of the Special Meeting of January
8, 1990, and Regular Meeting of January 16, 1990, as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to speak on an item not listed on the Regular Agenda
or an item listed on the Consent Agenda. The fOllowing topics
were discussed:
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Discussion of Wording and Interpretation of New Hanover County
Zoning Ordinance
Ms. Mildred Harris, a citizen of the County,
the Zoning Ordinance and the words, will be and
Section 22-2 and 32-1 asking if these words mean
exceptions to the regulations.
commented
shall be,
there are
on
in
no
Chairman Retchin stated the possibility of exceptions does
exist; however, the words "shall" and "will" are intended to
strongly indicate that the referenced section should be
interpreted in that manner.
Status of N. C. Department of Transportation Drainage Plan for
Military Cut-off Road and Eastwood Road
Mr. Hardy Parker, a resident of Military Cut-off Road,
expressed concern for drainage problems being experienced in the
Cavalier Woods and Military-Cut Off/Eastwood Road Intersection
from the Landfall Development. He requested an update on the
North Carolina Department of Transportation's Drainage Plan for
this area stating some form of assistance is needed immediately.
He also commented on tests to be performed by the N. C.
Department of Natural Resources, Environmental Management
Division, asking if the quality of water is being studied at
Howe's Creek.
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Planning Director Hayes stated the fOllowing action has been
taken:
1. Pollution of Howe's Creek: The State Environmental
Management Division is to monitor the water quality in
Howe's Creek with notice to the developer that if any
violations of the water quality are found in Howe's
Creek, occupancy permits will be withheld in the
Landfall Project until these violations have been
corrected.
2. Drainage Run-off on Military Cut-off Road and Cavalier
Woods Subdivision: The State has developed a drainage
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
807
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plan; however, the plan cannot be constructed until
funds become available.
Mr. Parker expressed appreciation to the Board for updating
him on the actions taken by the State and encouraged the
Commissioners to emphasize the importance of the drainage plan to
the Department of Transportation.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Corbett to approve the Consent Agenda as presented. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolution for Addition of Roads in NorthChase
Subdivision to the State Maintained Secondary Road System
The Commissioners adopted a resolution adding roads in the
NorthChase Subdivision (Division File #610-N) to the State
Maintained Secondary Road System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 1.
Ratification of Contract #PRO-90-0020 Between New Hanover County
and Dowless Roof & Metal Company for Repairs and Replacement to
the Roof of the County Administration Building
The Commissioners ratified Contract #PRO-90-0020 between New
Hanover County and Dowless Roof & Metal Company in the amount of
$9,645.60 for repairs and/or replacement to the roof of the
County Administration Building.
A copy of the contract is on file in the County Manager's
office.
Approval of Contract #ENG-90-0031 Between New Hanover County and
Ballard, McKim & Sawyer for the Schematic Design of the Proposed
Jail Expansion
The Commissioners approved Contract #ENG-90-0031 between New
Hanover County and Ballard, McKim & Sawyer in the amount of
$40,000 for rendering of architectural services in preparing a
schematic design for the proposed Jail Expansion. The Chairman
was authorized to execute the document.
A copy of the contract is on file in the County Manager's
office.
Approval of Contract #PAR-90-0024 Between New Hanover County and
David Polston to Provide Architectural Services for the New
Senior Center
The Commissioners approved Contract #PAR-90-0024 between New
Hanover County and David Polston in the amount of $90,835 to
provide architectural and engineering services for the new Senior
Center. The Chairman was authorized to execute the document.
A copy of the contract is on file in the County Manager's
office.
Approval of Contract #ENG-90-0055 (Work Authorization 90-1) for
HNTB to Perform Professional Design Services - Airport Terminal
The Commissioners authorized the Chairman to execute a
contract between New Hanover County and HNTB in the amount of
$23,400 for professional design services for interior furnishings
and office expansion in the new Airport Terminal.
Approval of New Boundary Lines for the South Wilmington Fire
Department and Highway 421 North Fire Station
The Commissioners approved the boundary lines for the
Highway 421 North Station and amended the charter of the South
Wilmington Fire Department as requested by the Fire Marshal.
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8 0 eINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 ( CONTINUED)
A narrative of the new boundary area is hereby incorporated
as a part of the minutes and contained in Exhibit Book XVIII,
Page 1.
Acceptance of Disposals of Personal Property Report for Period of
July 1, 1989, through December 31, 1989 - Finance Department
The Commissioners accepted the Disposals of Personal
Property Report for the period of July 1, 1989, through December
31, 1989, as submitted by the Director of Finance.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 1.
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Approval of Budget Amendment #90-0134 - New Hanover County Health
Department
The Commissioners approved the following Budget Amendment
and authorized the Chairman to execute an amendment to the
contract:
90-0134 Health Department/Various Divisions
Debit
Credit
Health/Environmental
State Environmental Health Grant
$6,000
Departmental Supplies
Travel
Capital Outlay - Equipment
$ 450
2,500
3,050
Health/Administration
Federal and State Health Grants
$1,907
Contracted Services
$1,907
Departmental Supplies
$1,298
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Health/TB
TB Grant
$1,298
Health/Maternal Health
Maternal Health
$5,707
Professional Services
Supplies
$2,406
3,301
Purpose: To budget additional State funds.
Approval of Budget Amendment #90-0135 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
90-0135 Sheriff/Federally Forfeited Property
Debit
Credit
Federally Forfeited Property
$110,152
Capital Outlay
Departmental Supplies
$90,000
20,152
Purpose: To budget receipts from Federally Forfeited Property in r-il.
the Sheriff's Department. LJ
Adoption of Project Ordinance and Approval of Budget Amendment
#90-0138 for Parks & Recreation Facility Bonds Capital Projects
The Commissioners adopted the Project Ordinance and the
following Budget Amendment to set up the budget for the Parks &
Recreation Facility Bonds Capital Projects:
90-0138 Parks & Recreation Facility Bonds
Debit
Credit
Parks Facilities
Bond Proceeds
$3,000,000
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
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(Budget Amendment Continued)
Debit
Credit
Other Improvements
Land Acquisition
$1,000,000
2,000,000
Senior Center
Bond Proceeds
$2,000,000
Constructipn
Landscaping
Engineering
Survey/Testing
Furnishings
Contingencies
$1,431,000
240,000
105,000
20,000
119,450
84,550
A copy of the Project Ordinance is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XVIII, Page
1.
Report of Budget Amendment #90-0143 Department of Social
Services Day Care Program
The following Budget Amendment was reported by the Budget
Officer and accepted by the Commissioners for entry into the
record:
90-0143 DSS/Child Day Care
Debit
Credit
General Fund
Appropriated Fund Balance
$200,000
DSS/Child Day Care
Day Care Services
$200,000
Purpose: Allocation of funds to cover the shortfall in the DSS
Child Day Care Program as approved by the County Commissioners on
January 16, 1990.
Approval of Budget Amendment #90-0147 - New Hanover County Museum
The Commissioners approved the following Budget Amendment:
90-0147 Museum
Debit
Credit
Contribution from Cape Fear
Community College
$1,500
Professional Services
$1,500
Purpose: To establish the budget for the following museum
proj ects contributed by Cape Fear Community College: (1) "Who
Built Wilmington" and (2) "Lost Heritage".
Approval of Budget Amendment #90-0148 - Airport Terminal
The Commissioners approved the following Budget Amendment:
90-0148 Airport/USAir
Debit
Credit
Installment Loan Proceeds
$725,000
Engineering
General Contractor
$ 59,800
665,200
Purpose: To setup financing for airport terminal improvements
for USAir (including the loading bridge).
PRESENTATION OF JOHN M. DOLAN VOLUNTEER FIREMAN OF THE YEAR AWARD
TO JIMMIE BROWNING OF THE OGDEN VOLUNTEER FIRE DEPARTMENT
Chairman Retchin, on behalf of the Board, presented a plaque
to Mr. Jimmie Browning of the Ogden Volunteer Fire Department in
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8 j ('JNUTES OF REGULAR MEETING, FEBRUARY 5, 1990 ( CONTINUED)
recognition of being selected to receive the John M. Dolan
Volunteer Fireman of the Year Award. Mr. Browning has served on
the Ogden Volunteer Fire Department for twelve years in a number
of positions and currently holds the position of Assistant Chief.
Chairman Retchin congratulated Mr. Browning for his
accomplishments and outstanding service to the community.
Commissioner Barfield, the Board's representative on the New
Hanover County Board of Fire Commissioners, presented a jacket to
Mr. Browning in honor of receiving the award.
PUBLIC HEARING TO CONSIDER REZONING 1.8 ACRES OF PROPERTY ON THE
NORTHWEST SIDE OF U. S. HIGHWAY 17 APPROXIMATELY 680 FEET SOUTH
OF BAYSHORE DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-396)
APPEALED CASE
Chairman Retchin opened the Public Hearing.
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Mr. Paul Foster, Chairman of the Planning Commission, stated
the petitioner wanted to erect a new sign for Camelot Campground,
which currently has an existing non-conforming sign. Without
rezoning the parcel B-2 Business, the sign would have to be
removed to comply with removal of non-conforming signs as
mandated in Section 91-6 of the Zoning Ordinance. The
petitioner as an alternative could request an after-the-fact
Special Use Permit for a travel trailer park and erect a new sign
not to exceed 32 sq. ft.; however, the petitioner decided to
apply for B-2 Business zoning of the property which would permit
placement of a 700 sq. ft. sign. The Planning Commission voted
4-1 to deny the B-2 rezoning request feeling that commercial
zoning should be limited on Market Street until Highway U. S. 17
has been widened to four lanes.
Chairman Retchin asked if the petitioner would like to
speak. The following person commented:
Mr. Frederick St. John, the petitioner and owner of Camelot 0
Camp Ground, expressed concern for the discriminatory manner in
which he feels the rezoning request had been handled by the
Planning Commission and a member of the Planning Staff. He
stated when applying for the rezoning request, a member of the
Planning Staff informed him that the request would be denied, and
also, made the same statement to persons present at the Planning
Commission meeting. He also expressed concern for slides
presented at the Planning Commission meeting depicting the area
as residential and presented pictures to the Commissioners
reflecting the various commercial activities in the area. Mr.
St. John strongly objected to the discriminatory manner in which
the rezoning request was handled by the Planning Commission and
requested the Commissioners to approve the B-2 zoning as
presented.
Discussion was held on directions received by Mr. Wes
Thompson, who was hired by Mr. St. John to replace the sign at a
contracted price of $3,200. Mr. Thompson stated when applying
for the permit to erect a new sign, the Zoning Enforcement
Officer informed him that he could not construct a sign larger
than 32 sq. ft. in a residentially zoned area; therefore, he
advised Mr. St. John to petition for B-2 zoning.
Commissioner Barfield expressed concern for the various
directions and manner in which information was furnished to Mr. 0
St. John. He emphasized the importance of the County Staff
furnishing accurate information to persons in a courteous manner
when trying to resolve a problem and stated, if the statements
presented by Mr. St. John are true, public relations need to be
improved in the Planning Department.
Planning Director Hayes stated Mr. St. John was advised of
the following options when applying for the permit: ( 1) rezone
the entire property to B-2 which will allow a 700 sq. ft. sign on
the premises; or ( 2) apply for a Special Use Permit in this
residentially zoned area which allows a 32 sq. ft. sign.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
81,1
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Mr. st. John, also, expressed concern for an error in the
measurement of the acreage stating the number of acres should be
3.9 instead of 1.8 acres. Chairman Retchin recommended
clarifying the number of acres to be rezoned and suggested that
Mr. St. John withdraw his petition and resubmit a petition
including the additional acreage.
Planning Director
submitted by Mr. St.
Commissioners decide to
will have to write a
rezoned.
stated the application and map
reflect 1.8 acres, and if the
the property, the Planning Staff
description of the property as
Hayes
John
rezone
legal
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the rezoning request. The
following persons commented in favor of the rezoning request:
Mr. Al Register, owner of a garage adjacent to the
campground, commented on the amount of commercial development in
this area, and requested the Commissioners to consider rezoning
this property.
Mr. Kenneth Parker, a local realtor,
piece of property was rezoned B-2 on
recommended approval of the request.
stated
July 5,
an adj acent
1988, and
Mr. Ed Russell, bother-in-law of the petitioner, emphasized
the importance of erecting a sign large enough to identify the
entrance of the campground and requested the Commissioners to
approve the rezoning request.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner O'Neal expressed concern for strip zoning
on Market Street and MOVED TO DENY THE REQUEST. Upon vote, THE
MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to approve the B-2 zoning request for the 1.8 acres as
petitioned. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Mathews
Vice-Chairman Corbett
Chairman Retchin
voting Nay: Commissioner O'Neal
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 7, 1972," is hereby
incorporated as a part of the minutes and is contained in zoning
Ordinance Book II, Section 8-B, Page 31.
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
PLACEMENT OF A MOBILE HOME ON PROPERTY LOCATED AT 2431 OAKLEY
ROAD (S-311)
Chairman Retchin opened the Public
anyone present wishing to give testimony
sworn in by the Clerk to the Board. The
sworn in:
Hear ing and requested
to step forward to be
following persons were
Mr. Roy Mackley
Mr. Pat Shannon
Planning Director Hayes presented the following staff
findings pertaining to the four general requirements:
General Requirement #1: The proposed use will not materially
endanger the public health or safety based upon the following
findings:
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8 ~~s OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
a. The site has direct access to Oakley Road.
b. The site is located in the Wrightsboro Volunteer
Fire District.
c. Application for well and septic tank certification
is pending.
General Requirement #2:
condi tions of the Zoning
findings:
The proposed use
Ordinance based
meets
upon
all
the
required
following
a. Single-wide mobile homes are permitted by Special
Use Permit in the R-20 Residential District. The
site is zoned R-20 Residential.
[
b.
Adequate acreage
existing dwelling
home.
is available to accommodate the
and the addition of one mobile
c. Adequate area is available to accommodate a minimum
of two off-street parking spaces.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining property based upon the following
findings:
a. There are other mobile homes in the immediate vicinity.
Also, a Special Use Permit was granted for a mobile
home on a lot across the street from the subject parcel
on October 3, 1988.
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General Requirement #4: The location'~character of the proposed
use will be in harmony with the area and in general conformity
with the plan of development for the County based upon the
following findings:
a. The area is classified Resource Protection and Con-
servation in the 1986 Land Use Plan Update. Lower
density residential uses are encouraged.
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b. As noted, there are other mobile homes in the general
vicinity.
Chairman Retchin asked if the petitioner or anyone present
would like to speak in favor of granting the Special Use Permit.
The following person commented:
Mr. Roy Mackley, the petitioner, requested issuance of the
Special Use Permit for placement of a mobile home on this lot in
order to take care of his sick grandmother.
Chairman Retchin asked Mr. Mackley if he agrees with the
findings as presented by the Planning Director. Mr. Mackley
stated he is satisfied with the statements as presented.
Chairman Retchin asked if anyone present would like to speak
in opposition to issuance of the Special Use Permit. The
following person commented:
Mr. Pat Shannon, a resident of Oakley Road, expressed
concern for devaluation of his house and property by continually 0
allowing mobile homes to be placed on Oakley Road and requested
denial of the request.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the number of mobile homes in this
area, Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Corbett to grant the Special Use Permit based on the evidence and
findings presented that conclude the four general requirements
have been satisfied. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book I, Page 41.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
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PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS
ON NORTHWEST AVENUE AND NIXON LANE LOCATED IN THE COMMUNITY OF
CASTLE HAYNE, CAPE FEAR TOWNSHIP
Chairman Retchin opened the Public Hearing.
Planning Director Hayes commented on the importance of
systematically assigning house numbers on all roads throughout
the County in order to deliver general county services and
respond to emergency calls. He requested the Commissioners to
adopt an ordinance assigning house numbers on Northwest Avenue
and Nixon Lane located in Castle Hayne.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the request. The following
person commented:
Ms. Charlene Pete, a resident of Northwest Avenue, stated
the deeds of persons living on Northwest Avenue refer to the road
as Northeast Avenue and recommended changing the name of the road
when assigning new house numbers.
Planning Director Hayes stated the road is officially named
Northwest Avenue according to the Department of Transportation;
however, a name change can be petitioned through the Planning
-Department and presented to the Department of Transportation.
Motion: After discussion, Vice-Chairman Corbett MOVED, SECONDED
by Chairman Retchin to approve systematically assigning house
numbers on Nixon Lane and Northwest Avenue with a name change of
Northwest Avenue to Northeast Avenue being presented at the first
meeting in March 1990. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance assigning house numbers on Nixon
Lane located in Cape Fear Township is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XVIII, Page
1.
POSTPONEMENT OF ITEM :It 11 CONCERNING MAINTENANCE OF PROPERTY
LOCATED ON 101 BLOSSOM FERRY ROAD
Chairman Retchin stated the Environmental Section of the
Heal th Department has visited the property and has allowed the
owner of the property until the 16th of February to clean up the
premises.
Ms. Mary Riggs, owner of the property located at 101 Blossom
Ferry Road, stated as of today, the Health Department Inspector
has verified that the property has been properly cleaned. She
expressed concern for the possibility of this item being placed
on the agenda for February 19, 1990, when the problem has been
corrected.
Chairman Retchin stated if the problem has been corrected by
February 19, 1990, the item will not appear on the next agenda.
CONSIDERATION OF ORDINANCE GOVERNING THE APPLICATION FOR THE
OPERATION OF PAWNSHOPS IN THE UNINCORPORATED AREA OF NEW HANOVER
COUNTY
County Attorney Pope stated the General Assembly during the
1989 Session enacted legislation that will permit pawnshops in
the unincorporated area of the County. He presented the
following ordinances and requested adoption since various persons
have requested issuance of business permits: ( 1) an ordinance
pertaining to privilege license for operation of a pawnshop; and
(2) an ordinance establishing provisions governing the operation
of a pawnshop in New Hanover County.
Commissioner Barfield expressed concern for pawnshops being
distributors of stolen goods. County Attorney Pope stated the
proposed ordinance requires an operator to post a $5,000 bond
which does provide leverage for controlling acti vi ties of the
pawnshop.
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814INUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
Vice-Chairman Corbett expressed concern for encouraging
persons to open pawnshops in the County asking why should we open
the door to this type of operation in the County.
Motion: After further discussion, Chairman Retchin MOVED,
SECONDED by Commissioner O'Neal to adopt the proposed ordinances
as presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Mathews
Commissioner O'Neal
Chairman Retchin
Voting Nay: Vice-Chairman Corbett
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Due to the ordinances not receiving a unanimous vote upon
the first reading, a second reading of the proposed ordinances
will be required and placed on the agenda for February 19, 1990.
CONSIDERATION OF CONTRACT #STE-90-0025 BETWEEN NEW HANOVER COUNTY
AND STANTON M. PETERS & ASSOCIATES, INC. - STEAM PLANT
Vice-Chairman Corbett commented on the original agreement
with Dr. Peters in the amount of $2,300,000 and asked how monthly
payments are calculated?
Director of Engineering & Facilities, Ed Hilton, stated in
the proposed contract, monthly payments are to be made under a
current work plan calling for commercial operation of the
expanded Steam Plant by May 1991 (17 months from this date);
therefore, the balance of the remaining payment to Dr. Peters
will be divided by 17 months to determine the actual monthly
payments. If the operation date is delayed, adjustments will be
made to the monthly payments to reflect the additional time,
which does not mean that the proposed contract will automatically
pay additional funds to Dr. Peters. If Dr. Peters feels
additional compensation is needed, he will have to make this
request to the Board of Commissioners.
Vice-Chairman Corbett expressed concern for the amount of
responsibili ty placed on Dr. Peters and possible conflicts of
interest that could arise without him being designated as the
general contractor.
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Director Hilton stated Dr. Peters is the Project Manager who
oversees the entire project and administers the contracts with
equipment vendors. He stated at the beginning of the project
this contractual agreement was reviewed by Mr. H. M. McCown,
Secretary to the N. C. Board of General Contractors, with no
negative comments about the process or possible conflicts of
interest.
Commissioner Barfield stated the County made a serious
mistake by not hiring a general contractor and expressed concern
for the many problems that will be incurred if Dr. Peters should
not be available. County Attorney Pope stated in most
instances, the contracts require performance bonds from
individual vendors which provide as much protection, if not more,
than under a general contractor.
Vice-Chairman Corbett asked if Dr. Peters has a performance
bond? County Attorney Pope stated Dr. Peters does not have a [J
performance bond, but the companies performing the work or
furnishing the equipment do have performance bonds. He stated _
Dr. Peters' contract provides for indemnification and the
required amount of insurance.
Chairman Retchin stated the decision not to have a general
contractor was approved by the Commissioners on May 22, 1987,
whether right or'/ wrong; therefore, in order to clarify the
existing contract, the proposed amended contract has been
prepared defining more specifically the terms of the agreement
with Stanton M. Peters & Associates, Inc. for proceeding with
Phases III and IV.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
815
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Vice-Chairman Corbett asked if the amended contract is not
approved, will this delay the project? County Attorney Pope
stated the original contract is already approved and in place;
therefore, no delay will be created.
Chairman Retchin asked if anyone from the general public
would like to speak. The following person commented:
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Mr. William Funderburg, a resident of 4321 Blue Clay Road,
stated he is not an attorney; however, he would like to question
the County Attorney's opinions and requested the County Attorney
to refer to N.C.G.S. 87-15(1) since he referred to the Board of
General Contractors approving the process used for expanding the
Steam Plant. He stated the Board of General Contractors is not
involved with controlling the North Carolina General Statutes
under which the County is bound. He stated any contractor who
bids a contract on any project without a license, or any
architect or engineer who recommends to any owner the award of a
contract to anyone not properly licensed according to North
Carolina Statutes is guilty of a misdemeanor punishable by a fine
not less than $500, imprisonment of 3 months, or both. The N. C.
Licensing Board may seek inj unction relief against any person,
firm or corporation violating this provision.
County Attorney Pope stated the contractual agreement was
not approved by the Board of General Contractors and that the
County bids contracts pursuant to N.C.G.S. 129.1, not the statute
referenced by Mr. Funderburg. He stated, for the record, it is
difficult to respond to this type of presentation when the
statements presented are an opinion of Mr. Funderburg, who is not
an attorney or an engineer. He offered the services of the Legal
Department in reviewing or assisting Mr. Funderburg with any
concerns he may have about the Steam Plant contract or any other
procedures used in the County's bidding process.
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Mr. Funderburg commented on the amended contract and
expressed concern for the following items:
1. The contract is poorly written and appears to set
up perpetual conflicts of interest in violation of
the North Carolina General Statutes using tax-
payers funds.
2. The contract fails to address the amount of funds
already paid to Stanton M. Peters & Associates,
Inc. for work completed under Phases III and IV.
3. The fee schedule to be reviewed by the County
does not address monthly slippage. Payment
should not be a fixed fee. The consultant's
engineering charges should be tied into the pro-
ject statutes report dated January 1990 and
included as an exhibit to the contract.
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4. Slippage should be a prime consideration on a
quarterly basis. The engineering fee should be
tied into the performance schedule which shows the
general contract for foundations is eight (8)
months behind schedule. The balance remaining in
the agreed contract price of $2,300,000 should be
paid to the consultant upon acceptance of the
project by the County Commissioners.
5. Further consideration should be given to the loss
of the waste stream from the Steam Plant Expansion
project as mandated by Senate Bill 111, dated
October 1, 1989, and reported in the R. W. Beck
Study of April 3, 1989.
Chairman Retchin requested Mr. Funderburg to provide a
written report on the comments presented and stated in the future
items of concern should be presented to the Commissioners and
County Staff in advance of a meeting in order to properly address
the issues.
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81 tjINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
Mr. Funderburg presented a written copy of the statements to
the Clerk and stated as a taxpayer of New Hanover County he has a
right to appear in public and comment on any issue, particularly
a multi-million dollar project.
commissioner Barfield stated he is concerned about the
proposed contract and feels some of the items presented by Mr.
Funderburg should be addressed. He requested the Clerk to type a
report of the handwritten document and distribute copies to the
Commissioners, County Attorney, Acting County Manager, and the
Director of Engineering & Facilities. He emphasized the
importance of allowing time for citizens, such as Mr. Funderburg,
to publicly express concerns about any item on the agenda.
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Vice-Chairman Corbett expressed concern for too much money
being held in the Steam Plant's contingencies account and
requested the Acting County Manager to prepare a' report
explaining decreases and increases in the account and the amount
of funds that should be held in contingencies.
Director of Engineering & Facilities, Ed Hilton, stated the
cost for NOX controls along with additional funds needed for the
site foundation bid have decreased the balance of the
contingencies account. After a lengthy discussion of the amount
of monies in contingencies, Mr. Funderburg presented the
following exhibits:
Exhibit I: Detail Listing of Obligations vs Budget
Exhibit II: Steam Plant Expansion Project Expenditure Report
Copies of the exhibits are hereby incorporated as a part of
the minutes and contained in Exhibit Book XVIII, Page 1.
Commissioner Mathews expressed appreciation to Mr.
Funderburg for his comments and requested that he contact the
Chairman, Acting County Manager or any member of the County Staff
when he has concerns that need to be addressed.
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Consensus: After further discussion, it was the consensus of the
Board to delay approving the amended contract for further study
and review. This item is to be placed on the agenda for February
19, 1990.
BREAK
Chairman Retchin recessed the meeting to hold a break from
9:50 o'clock P.M. to 10:00 o'clock P.M.
ADOPTION OF NEW HANOVER COUNTY CITIZEN PARTICIPATION PLAN AND
ACCOMPANYING RESOLUTION
Planning Director Hayes presented a Citizen Participation
Plan and resolution to comply with statutes governing the
Community Development Block Grant in the amount of $594,270 for
upgrading housing and expanding economic opportunities for
persons of low and moderate income.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
0' Neal to adopt a resolution authorizing adoption of the New
Hanover County Citizen Participation Plan in accordance with
Section .1002 (c) Citizen Participation, of the North Carolina
CDBG Regulations (15NCAC 13L). Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of th~ resolution and plan are hereby incorporated as
a part of the minutes and are contained in Exhibit Book XVIII,
Page 2.
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DISCUSSION OF PARTICIPATING IN THE I-40 ECONOMIC IMPACT STUDY
Acting County Manager Gornto presented background
information on the 1-40 Economic Impact Study stating the
committee has requested $3,000 based upon the per capita share
from counties located along the 1-40 corridor; however, since New
Hanover County is located at the terminus, she would recommend
funding of $1,000.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
817
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Discussion was held on the importance of the study to rural
counties along the 1-40 corridor. Commissioner Barfield stated
the City and County have already studied the impact upon New
Hanover County; therefore, he feels the study will not benefit
the County.
Chairman Retchin recommended approving a funding
contribution of $1,000 with the appointment of members to serve
on the committee being decided by the County Staff.
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Motion: After discussion of receiving very little benefit from
the impact study, Vice-Chairman Corbett MOVED, SECONDED by
Commissioner 0' Neal to respectfully decline the invitation to
participate in the 1-40 Economic Impact Study. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
AUTHORIZATION TO PROCEED WITH RECOMMENDATION FOR DEVELOPMENT OF
PRE-TRIAL RELEASE PROGRAM
Acting County Manager Gornto stated after conversation with
Mr. Stevens Clarke, with the Institute of Government, the
following steps have been recommended in determining how to
proceed with development of a pre-trial release program:
1. Pull monthly jail reports for the past 15 years
and review the segment of the jail population
of persons incarcerated for two or more days
in order to accurately identify trends and
patterns for development of the program.
2. Hire a temporary employee to obtain the records,
which will require 2-4 days, and submit this data
to Mr. Clarke who will analyze the data and
determine how the program should be developed for
New Hanover County.
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Motion: After discussion of benefits that can be derived from
the program if developed correctly, Vice-Chairman Corbett MOVED,
SECONDED by Commissioner Mathews to authorize the Acting County
Manager to proceed with the recommendations as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSIDERATION OF IMPROVEMENTS TO THE ASSEMBLY ROOM
Acting County Manager Gornto stated recommendations have
been presented based upon 'comments and suggestions from the
Commissioners and Staff for enhancing the operation of the
Assembly Room. She stated in order to improve the acoustics, the
wall covering will be placed around the entire room and carpet
placed around the commissioners' table.
The following recommendations for improving the acoustical
problems and sound system were presented by the Director of
Engineering & Facilities, Ed Hilton:
1.
2.
3.
I 4.
5.
6.
7.
8.
Wire large speakers and modify existing
switch to add PA function to speakers
$ 160
$ 256
Speaker for the lobby
Wiring of new microphone locations for
staff desk locations
$ 757
$1,183
New gooseneck microphones (5 @ $225 each)
Walkie-Talkie System $ 367
Hearing Assistance for Commissioners' desk $ 336
Timer for speakers $ 250
To utilize gooseneck and clip-ons micro-
phones at the same time $ 150
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'81 rgNUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
Discussion was held on whether the
correct the problem. Vice-Chairman
proceeding in stages beginning with wiring
and purchasing gooseneck microphones.
recommendations would
Corbett recommended
of the large speakers
Director Hilton stated staff is
clip-on microphones and gooseneck
flexibility in turning and not having
microphone.
recommending using the
microphones to allow
to speak directly into the
Consensus: After further discussion, it was the consensus of the
Board to approve the following recommendations before proceeding []
il.
with other suggestions: .
1. The Commissioners' Desk is to remain the same.
2. Complete installation of the wall covering.
3. Install large speakers.
3. Use the clip-on microphones and proceed with wiring
of the microphones.
4. Purchase the following audio/video equipment:
a. Tripod/easel for flip charts
b. Overhead Projector (3M-394)
c. Projection Table
d. Two oak easels for display of posters
and drawings
MEETING RECESSED TO HOLD A MEETING OF THE NEW HANOVER COUNTY
WATER & SEWER DISTRICT
Motion: Chairman Retchin
Corbett to recess to hold a
Water & Sewer District.
UNANIMOUSLY.
MOVED, SECONDED by Vice-Chairman
meeting of the New Hanover County
Upon vote, the MOTION CARRIED
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Chairman Retchin convened from Regular Session at 10:49
o'clock P.M.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
Mathews to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 10:59
o'clock P.M.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF FUNDING REQUEST FOR A COUNTY-WIDE NUMBERING CAMPAIGN
Acting County Manager Gornto stated the Sheriff's Department
in cooperation with other organizations has requested $620 to
print a brochure encouraging every home/business to place high
visibili ty numbers on their establishments to assist emergency
personnel in responding to calls.
Motion: After discussion, Vice-Chairman Corbett MOVED, SECONDED
by Commissioner Barfield to approve the funding request in the
amount of $620 for printing of the brochures in the County Print 0
Shop as requested by the Sheriff's Department. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
AWARD OF BID TO STEARNS AIRPORT EQUIPMENT COMPANY FOR LOADING
BRIDGES - CONTRACT iENG-89-0360 NEW HANOVER INTERNATIONAL AIRPORT
Director of Engineering & Facilities, Ed Hilton, stated
clarification has been received from the bidders on the loading
bridges at the airport. He recommended approval of the low bid
to Stearns Airport Equipment Company in an amount not to exceed
$486,262, and stated that one of the loading bridges is for use
by uSAir which will be paid through the financing agreement
between the County and USAir. He also stated the DBE goal of
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
819
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5.0% was not met by either bidder; however, the County MBE
Officer, Pat Melvin, has determined that stearns has a 4% goal
along with a good faith effort which does meet the established
MBE/DBE criteria.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
O'Neal to award the low bid to Stearns Airport Equipment Company
in an amount not to exceed $486,262 with authorization for staff
to negotiate this figure. The Chairman was authorized to execute
the contract subject to approval of the County Attorney. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the bid tabulation is hereby incorporated as a
part of the minutes and contained in Exhibit Book XVIII, Page 2.
REJECTION OF BIDS RECEIVED FOR FURNISHINGS OF THE HEALTH
DEPARTMENT EXPANSION AND RENOVATION PROJECT - BID iFIN-90-0018
Acting County Manager Gornto requested rej ection of bids
received on furnishings for the Health Department Expansion due
to confusion by the vendors in preparing the bid.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
Mathews to reject the bids as requested. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
DENIAL OF FUNDING REQUEST FOR REPLACEMENT OF CURTAIN IN BROGDEN
HALL
Acting County Manager Gornto stated parents of children
attending New Hanover High School have requested donations for
replacement of a torn curtain in Brogden Hall.
Motion: After discussion of this request being presented to the
Board of Education, Vice-Chairman Corbett MOVED, SECONDED by
Chairman Retchin to respectfully decline to contribute a donation
toward purchase of the curtain. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
JOINT MEETING WITH THE AIRPORT AUTHORITY SCHEDULED FOR FEBRUARY
27, 1990
Acting County Manager Gornto stated the joint meeting with
the Airport Authority has been scheduled for Tuesday, February
27, 1989, at 4:00 P.M. with a tour of the new terminal at 3:30
P.M.
Commissioner Barfield expressed concern for the safety of
the news media and other groups touring the facility before
completion of the terminal. Acting County Manager Gornto stated
the Airport Manager and Airport Authority felt the Commissioners
would like to tour the facility; however, if they do not wish to
tour the facility, the tour will be cancelled.
TOUR OF CP&L BRUNSWICK NUCLEAR FACILITY PRIOR TO THE EMERGENCY
EXERCISE
Acting County Manager Gornto stated CP&L would like to know
if the Commissioners would like to tour the Brunswick Nuclear
Plant prior to the Emergency Exercise scheduled in April.
Consensus:
facility.
It was the consensus of the Board not to tour the
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF NAME CHANGE FOR THE NEW HANOVER COUNTY
INTERNATIONAL AIRPORT
Commissioner Mathews expressed concern for not being
notified by the Airport Authority of the name change for the
airport from New Hanover County International Airport to New
Hanover International Airport. He stated, as a courtesy, it
would have bE~en appropriate for the Commissioners to have been
informed of this change.
EXECUTIVE SESSION
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8 ~~s OF REGULAR MEETING, FEBRUARY 5, 1990 (CONTINUED)
Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Corbett to convene to Executive Session to discuss a personnel
matter. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened to Executive Session at 10:15
o'clock P.M.
Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Corbett to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 11: 14 n
o'clock P.M. l J
ADJOURNMENT
Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 11:15 o'clock P.M.
~e~dZ:d'
~k:F. Harrell
Clerk to the Board
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