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1986-01-20 Regular Meeting 10, MINUTES OF REGULAR MEETING, JANUARY 20, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 20, 1986, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commissioners John Dolan; Nolan O'Neal; Claud 0' Shields, Jr.; Vice-Chairman Fred Retchin; Chairman Jonathan Barfield, Sr.; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Commissioner O'Neal gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of December 16, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF RETI~NT PLAQUE Chairman Barfield presented a plaque to Mr. Charlie L. Nixon in recognition of 39 years and 9 months of service as a County employee at the New Hanover County Airport. WITHDRAWAL OF ITEM #7, REQUEST FOR RELEASE OF PENALTY ON ROOM OCCUPANCY TAX - SAINT JAMES INN The Clerk reported that the Collector of Revenue had requested Item #7 on the Regular Agenda be withdrawn and rescheduled on February 17, 1986, since Mr. Philip Garfinkel would be unable to attend the meeting. I It was the consensus of the Board to withdraw this item from the agenda and hear the appeal on February 17, 1986, as requested. NON-AGENDA ITEMS Chairman Barfield asked if anyone from the general public wished to speak on any item not listed on the Regular Agenda or any items listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA Engineering Director Hilton requested withdrawal of Item #13 from the Consent Agenda stating that current Work Authorizations were being forwared by HNTB, and Commissioner O'Shields requested withdrawal of Item'#14 for discussion after the Water and Sewer District Meeting. Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to approve the following Consent Agenda items removing Items #13 and #14 as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Report of Collector of Revenue through December 31, 1985 I The Commissioners approved the Collector of Revenue Report through December 31, 1985. A copy of the report is contained in Exhibit Book XIII, Page 49. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as recommended by the Tax Administrator. A copy of the list is contained in Exhibit Book XIII, Page 49. 106 MINUTES OF REGULAR MEETING, JANUARY 20, 1986 (CONTINUED) CONSENT AGENDA (CONTINUED) Authorization of Funds for Smoke Alarm Program The Commissioners authorized the County Manager to work with the City of Wilmington's Administration on completion of the Smoke Alarm Program for the elderly. The amount of funding is not to exceed $1,000. Proclamation - Black History Month The Commissioners proclaimed the month of February, 1986 as Black History Month. A copy of the proclamation is contained in Exhibit Book XIII, Page 49. Proclamation - Human Relations Month The Commi s s ioners proc laimed the month 0 f February, 1986 as Human Relations Month A copy of the proclamation is contained in Exhibit Book XIII, Page 49. Approval for Destruction of Records - Library The Commissioners approved the request by the Library for destruction of financial records and correspondence according to the Records Retention Schedule. A copy of the list is on file in the Clerk's office. Approval of Request for Special Waste Disposal - Steam Plant The Commissioners approved a request for special waste disposal at the New Hanover County Refuse-Fired Steam Generation Facility of damaged sample packages of Joy and Dawn dishwashing liquid classified as non-hazardous by The North Carolina Solid and Hazardous Waste Management Branch. Certain provisions are outlined by the County's Environmental Specialist. Approval of a Weighmaster Position - Landfill The Commissioners approved a new position of Weighmaster, Pay Range 56 for the Landfill Operation effective July 1, 1986. Approval of Request For Acceptance of State Grant - Airport AIP- 01 and AIP-02 The Commissioners authorized acceptance of a State Grant in the amount of $15,861 to be used for the Airport AIP-01 Project to Update Airport Master Plan; drainage improvements; non- destructive testing on all airfield pavements and a State Grant' in the amount of $22,722 to be used for the Airport AIP-02 Project for plans and specifications for site preparation for new air carrier terminal complex; distance to go markers; comprehensive crack sealing program; acquire/install supplemental windcones and acquire CFR proximity suits. The Chairman was authori zed to execute the Grant Agreement with the N. Co Department of Transportation. Award of Bid For Aerial Photography and Orthophotography The Commissioners awarded the bid for new aerial photography and orthophotography to Kucera and Associates, Inc. of Mentor, Ohio in the amount of $19,500, authori zing the Chairman to execute a contract for the preparation of orthophotography for the County. 10' ....:.. MINUTES OF REGULAR MEETING, JANUARY 20, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Adoption of Resolution Accepting an Offer to Purchase Surplus Property Owned Jointly by the City and County I The Commissioners' adopted a resolution to accept an offer to purchase a parcel of property jointly owned by the City of Wilmington and New Hanover County for the sum of $1,285. This property represents an ad valorem tax value as of 1983 totaling $2,570 and is located in the 200 Block of North 6th Street. A copy of the resolution is contained in Exhibit Book XIII, Page 50. Approval of Change Order - Airport Terminal Complex The Commissioners approved Change Order #1 for Mac Construction Company in the amount of $5,169.25 for site preparation and utilities at the New Hanover County Airport new terminal complex. Budget Amendment Approved by Budget Officer The Budget Officer approved the following Budget Amendment which is being reported for entry into the record: 86-00000122 Human Relations HUD Grant Debit $21,422 Credit -q . - " " I Departmental Supplies Travel, Meetings & Schools Professional Services Appropriated Fund Balance $2,250 1,572 8,000 9,600 .. To cover HUD contract approved by County Commissioners on December 2, 1985. REFUND OF TAX LISTING PENALTY - HERBERT SPAUGH, JR. Tax Administrator Register gave background information on the tax listing penalty stating Mr. Spaugh had made two attempts to have the Tax Department to update his new address. He requested consideration of the refund request. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to waive the listing penalty for the past two years in the amount of $190.68 since two attempts had been made by Mr. Spaugh to ;correct his address.'. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF EMERGENCY MEDICAL SERVICES PLAN Mr. Dan Summers, Emergency Services Director, presented an amended d~aft of the .Emergency Medical Services Plan giving background information on the proposed system. He requested adoption of the plan. I Mr. Jeff Tripp, representing the 0gden/New Hanover Rescue Squad, endorsed the plan expressing appreciation to the Commissioners for giving the rescue squads an opportunity to participate in a plan that is acceptable in concept to all persons involved. Chairman Barfield- expressed appreciation to Mr. Tripp and the rescue squads for their cooperation in working out the plan. 108 MINUTES OF REGULAR MEETING, JANUARY 20, 1986 (CONTINUED) ADOPTION OF EMERGENCY MEDICAL SERVICES PLAN (CONTINUED) Commissioner Dolan commented on the organizational chart. County Manager Cooper stated the chart should read Director of Emergency Medical Services being a fully reportable function separate from the Director's function. Commissioner O'Neal commented on Phase I, Section A, Paragraph 2 asking if this should read Department of Emergency Services instead of Division of Emergency Medical Services. County Manager Cooper concurred with Commissioner O'Neal. After further discussion, Commissioner O'Shields MOVED, SECONDED Vice-Chairman Retchin to adopt the plan as amended with approval of the following Budget Amendment for implementation of the program for the remainder of the year. Upon vote, the MOTION CARRIED UNANIMOUSLY. 86-00000134 - Emergency Medical Services - Rescue Squads/Ogden Debit Credit Contracted Services Appropriated Fund Balance $ 25,000 118,000 Salaries & Wages Social Security Medical Insurance Insurance & Bonds Professional Services (Medical Director) Equipment Rent Telephone Postage M & R - Vehicles Auto Supplies Printing Copying Expense Departmental Supplies Uniforms' Auto Allowance Motor Vehicle Purchase Capital Outlay - Equipment Travel, Meetings & Schools $ 37,743 6,300 1,940 6,100 7,000 200 300 200 7,000 5,500 400 600 3,700 1,500 110 21,000 42,707 700 Commissioner Dolan commented, for the record, that he supported the concept of the plan and hoped this would produce a more efficient service. However, he stated at this point he could not see that the reorganization was necessary to provide the advanced level of EMT stating he felt volunteers could have performed this service without the additional cost. DISCUSSION AND PRESENTATION OF PROPOSED EXPANSION OF HEALTH DEPARTMENT BUILDING Mr. Carl Durham, a member of the Board of Health, appeared before the Commissioners stressing the importance of providing adequate space for health programs which are so vital to the ci ti zens of the County. He introduced Mr. Kent Harmon, a representative from Synthesis Architects, to present the proposal for expansion of the Health Department. Mr. Kent Harmon presented a proposed expansion of the Health Department Building providing 19,152 additional square feet at a cost of $1,278,807. 1 0 ~ MINUTES OF REGULAR MEETING, JANUARY 20, 1986 (CONTINUED) After a period of questions and answers, Chairman Barfield expressed appreciation to Mr. Harmon for an excellent presentation. He stated the County was facing many capital project needs and that he was in the process of planning a retreat to address and prioritize these needs. I APPROVAL OF CLERK III TYPIST POSITION - HEALTH DEPARTMENT Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve a Clerk Typist III position for the Home Health Program as requested with funding provided by reimbursement from Medicare, 'Medicaid, private insurance or other third party revenues. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK . Chairman Barfield recessed the meeting fOr a break from 10:09 o'clock A.M. to 10:25 o'clock A.M. THOROUGHFARE PLAN UPDATE Mr. Mark Shbeib, Senior Transportation Planner for the City of Wilmington,. ,presented the Thoroughfare Plan giving background information on the plan showing charts reflecting the traffic count for the next 5-10 years. After a period of questions and answers, Mr. Shbeib, requested acceptance of the plan and release for public review. He stated Public M~etings and Public _Hearing~ woul~ be held before adoption of the plan by the N. C. Board of Transportation. Vice-Chairman Retchin MOVED, SECONDED 'by Commissioner Dolan to accept the update of the Thoroughfare Plan and release of the plan for publ ic r.e.vieK. Upon vote, the MOTION CARRIED UNANIMOUSLY. I ADOPTION OF RESOLUTION ~OR DEFINING CHARGE OF THE HOSPITAL STUDY COMMITTEE ' '> After discussion of the resolution, Vic'e-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to adopt the resolution with a change in Item ~o. 1 to read as follows: 1. Examine the current financial condition of the Hospital and assess the investments now permitted. Upon vote, the MOTION CARRIED UNANIMOVSLY. - . , A copy 'of the resolution is contained in Exhibit Book XIII, Page 50. After further discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to schedule a joint Breakfast Meeting with the Hospital Study Committee on February 27, 1986, at 8:00.0'clock A.M. to discuss ~he resolut1on and charge'of the committee. ~ DISCUSSION OF SMALL BUSINESS INCUBATOR PLAN City M~nager, William Farris,.gave background inf9rmation on the Small Business Incubator plan stating no local funds would be required at this time. He stated in the process of selecting a' site the City is proposing to contribute up to $200,000 to the renovation and expansion of' Dudley School, which now houses He~d Start and $400,000 for renovation of Peabody' School. Also, he stated the project wou14.be contingent upon receiving the two grants, one from the State Technological Development Authority and the other from EDA. Mr. Farris requested support' of the project by the County Commissioners. After discussion, it was the consensus of the Board to support the project. ADOPTION OF AMENDMENTS TO AIRPORT ORDINANCE Assistant County Attorney Silliman presented amend~ents to the Airport Ordinance due to recent decisions by the County Commissioners, particularly the-decision to dissolve the Airport Commission. 110 MINUTES OF REGULAR MEETING, JANUARY 20, 1986 (CONTINUED) Commissioner O'Shields requested adding the word hazardous to Article XI to read Hazardous and Solid Waste throughout the section. After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt the amendments adding the word hazardous to Article XI as requested by Commissioner O'Shields. Upon vote, the MOTION CARRIED UNANIMOUSLY. r A copy of the ordinance is on file in the Clerk's office. ADOPTION OF COMMERCIAL AIRLINE LEASES Assistant County Attorney Silliman presented leases for Piedmont Aviation, Inc.; AVAir, Inc.; and United Airlines, Inc. He presented requested amendments to the leases as recommended by the Airport Manager as follows: AVAIR, INC. Page 2, Paragraph 2.1 - Commence on April 15, 1985, and continue through September 30, 1987. Page B-1, Paragraph 2- Security Charge - Lessee agrees to pay County in monthly increments a pro-rata share of the annual sum of $54,432 computed on the prior months enplaned passengers boarded for the County"s provision of airport s~curi ty services. Paragraph 3 - Landing Fee - Landing fees will be charged at the following rates: October 1, 1984 - September 30, 1985 $0.31/1000 IbsMGLW with a $5.00 minimum. , I October 1, 1985 - September 30, 1986 $0.32/1000 IbsMGLW with a $5.00 minimum. October 1, 1986 - ,September 30, 1987 $0.33/1000 IbsMGLW with a $5~OO ,min1mum. Paragraph 4a - Fixed Charge - Lessee will pay County.in monthly increments an amount equal to 20 percent of the annual rental of the area of joint use prorated equally among all commercial carriers utilizing the terminal facilities at the rates specified in Paragraph B(l) above. PIEDMONT AVIATION, INC. Page B-1, Paragraph 2- Security Charge .... Lessee agrees to pay County in monthly increments a pro-rata share of the annual sum of $54,432 computed on the prior months enplaned passengers boarded for the County's provision of airport security services. Paragraph 3 - Landing Fee - Landing fees will be charged at the following rates: October 1, 1984 - September 30, 1985 $0.31/1000 lbsMGLW with a $5.00 minimum. October 1, 1985 - September 30, 1986 $0.32/1000 lbsMGLW with'a $5.00 minimum. October 1, 1986 - September 30, 1987 $0.33/1000 lbsMGLW with a $5.00 minimum. Paragraph 4a - Fixed Charge - Lessee will pay County in monthly increments an amount equa1 to 20 percent of. the annual rental of the area of joint use prorated equally among all commercial carriers utilizing the terminal facilities at the rates specified in Paragraph B(l) above. 11: .:. MINUTES OF REGULAR MEETING, JANUARY 20" ,1986 (CONTINUED) UNITED AI:RLlNES Page 1, Paragraph 2.1 - Term of This Lease - Commence on January 1, 1986, and continue through September 30, 1987. I Page B-1, Paragraph 2- Security Charge - Lessee agrees to pay County in monthly increments a pro-rata share of the annual sum of $54,432 computed on the prior months enplaned passengers boarded for the County's provision of airport security services. Paragraph 3- Landing Fee- Landing fees will be charged at the following rates: October 1,1985 - September 30,1986 $0.32/l000,lbs/MGLW with a $5.00 minimum. October 1, 1986 - September 30, 1987 $0.33/1000 lbsMGLW with a $5.00 minimum.' Paragraph 4a - Fixed Charge - Lessee will pay County in monthly increments an amount eqau1 to 20 percent of the annual rental of the area of joint use prorated equally among all commercial carriers utilizing the terminal faci,lities at the rates specified in Paragraph Bel) above. After furth'er d'is<::ussion, ,;Viee-,eha'irmall' Retchin MOVED, SECONDED by Commissioner Dolan to approve the leases with the stated changes. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF AIR WILMINGTON AND WILMINGTON GENERAL AVIATION INDUSTRIES, INC. LEASES Assistant County Attorney Silliman gave background information on the Air Wilmington Lease and' Wilmington General Aviation Industries, Inc. Lease requesting approval of ~eases wi th amount,s, of f,inal- calculations -of areas to be, leased and final appraisals of value of improvements on"uhese areas to' be added to the leases when these figures are available. After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to approve the leases ag presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the leases are on file in the County Manager's office. APPROV~ OF REFUSE-FIRED STEAM PLANT CONTRACT FOR WAREHOUSE COVER ADDITION -ENGINEERING DEPARTMENT ,', Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to approve a contract with McKim and Creed Engineers in the amount of $13,292 for design services of the warehouse~ cover addition to the Steam Plant. Upon vote, the MOTION CARRIED UNANIMOUSLY. :- ..... r 1 " " ' A copy of the contract is on file in the County Manager's office. I APPROVAL OF CONTRACT FOR TIRE SHREDDING I l' Engineering Director Hilton gave background information on the proposal re'commending approval of a contract between the County and Mr. Kimrey for disposa~ of 'accumulated 'tires at 55 cents per ~ire and establishment of a new landfill rate ~or,buak tire disposal;of $7.36 per yard effective March 1, 1986. After discussion, Commissioner O'Shie1ds MOVED, SECONDED by Commissioner Dolan to approve the contract with'Mr~ Kimrey and to establish a new landfill rate for bu1k,tire disposal of $7.36 per yard effective'March 1, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. 112 MINUTES OF REGULAR MEETING~ JANUARY 20, 1986 (CONTINUED) ADOPTION OF SOIL EROSION AND SEDIMENTATION ORDINANCE Engineering Director Hilton gave background information on the ordinance. Commissioner O.Shields expressed concern for persons not being:inf6imed on pr~c~dures to follow in order to comply with the ordinance. After discussion it was the consensus of the Board for the Engineering Department to prepare a. fact sheet on complia~ce to the ordinance-when 'persons are applying for & permit. After further discussion, Commissioner SECONDED by Commissioner Dolan to adopt the Sedimentation Ordinance as presented. Upon CARRIED UNANIMOUSLY. 0' Shield's MOVED, Soil. Erosion and vote, the MOTION - .' . " r A copy of the ordinance is on file in the Clerk's office. - ',~ RECESS OF REGULAR MEETING FOR WATER AND SEWER DISTRICT MEETING Chairman Barfield recessed from Regular Session at 1:53 o'clock P".M. :to ho'ld a-meeting of the New"Hanover County Water and Sewer District. - > Chairman Barfield ~e~onvened to Regular Session at 2:50 o'clock P.M. APPROVAL OF PURCHASE OF EQUIPMENT AND PERSONNEL NEEDS FOR THE WATER AND SEWER DISTRICT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the personnel and equipment needs as presented by the Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. . APPOINTMENT OF COMMISSIONERS TO SERVE ON VARIOUS COMMITTEES BOARDS AND COMMISSIONS By consensus of the Board of Commissioners the following Commissioners were appointed to serve on the. various boards, committees, and commissions: Board of Health Southeastern Mental Health Center Hospital Board of Trustees Offender Aid & Restoration Port, Waterway & Beach Commission Board of Social Services Southeastern Economic Devel. Committee Aging. Advisory. Committee Military Affairs Committee Clean Community Commission Transportation Advisory Committee Council of Governments Community Schools Advisory Committee Committee of 100 Fire Inspections Committee Emeigency Medical Services Human Relations Commission ADDITIONAL ITEMS - COUNTY COMMISSIONERS Nolan O'Neal Jonathan Barfield, Sr. Nolan O'Neal John Dolan Jonathan Barfield, Sr. Fred Retchin Claud O'Shields, Jr. jonathan'Barfield, Sr. John Dolan John Dolan Fred Retchin Fred Retchin Jonathan Barfield, Sr. Claud O'Shields, Jr. John Dolan John Dolan Jonathan Barfield, Sr. r APPROVAL OF CONTRIBUTION TO NATIONAL ASSOCIATION OF COUNTIES FOR CAMPAIGN TO REAUTHORIZE THE GENERAL REVENUE SHARiNG ALLOCATIONS Commissioner O'Shields suggested that New Hanover County participate in the request from the National Association of Counties to fund a campaign for continuance of General Revenue Sharing. After discussion, Commissioner O.Shields MOVED, SECONDED by Vice-Chairman. Retchin to contribute 1/10 of 1% of the County's General Revenue Sharing allocation not to exceed $150 to the National Association of Counties in order to campaign for the continuance of the Revenue Sharing Program. Upon vote, the MOTION CARRIED UNANIMOUSLY. II, MINUTES OF REGULAR MEETING, JANUARY 20; 1986 (,CeNTINUED:) ADOPTION OF RESOLUTION ENDORSING ~HE ABORETUM PROGRAM'- AGRICULTURE EXTENSION SERVICES Commissioner 0' Shields stated he had been contacted by the Chairman of the Arboretum Funding Committee requesting adoption of a resolution endorsing the project by the County Commissioners. He stated this resolution will be helpful to the committee when applying for grants. I Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to adopt the resolution endorsing the Arboretum Project. Upon vote, the MOTION CARRIED ,UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 50.i DISCUSSION OF NORTHCHASE PACKAGE TREATMENT PLANT Vice-Chairman Retchin stated he and Engineering Director Hilton attended :a meeting held by concerned 'citizens of Castle Hayne with reference to discharge of .the NorthChase' package treatment plant. He stated the dischage is not as clean as the river but is within allowable limits expressing concern for the location,of the discharge into a recreational area. After a lengthy discussion, it was "the consensus of the Board to place the request for endorsement of river reclassificatio.non -the agenda for: Februa.ry 3, 1986. ! f' ADJOURNMENT . Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adjourn the meeting. _ Upon vote, the MOTION CARRIED UNANIMOUSLY. I Chairman Barfield adjourned the meeting at 2:25 o'clock P.M. /' - r0s;e7;.z,:::ted' ~e F. Harrell " Clerk , " MINUTES OF SPECIAL JOINT MEETING WITH HOSPITAL STUDY COMMITTEE, JANUARY 27, 1986 ASSEMBLY The New Hanover County" Board of Commissioners met in Special Session with the Hospital Study Committee on Monday, January 27, 1986, at 8:00 o'clock A.M. in ,the Conference Room of the Heart of Wilmington Motel, Wilmington, North Carolina. Members present were: O'Neal; Claud 0' Shields, Chairman Jonathan Barfield, County Attorney, Robert W. F. Harrell. Commissioners John Dolan; Nolan Jr.; Vice-Chairman Fred Retchin; Sr.; County Manager, G. Felix Cooper; Pope; and Clerk to the Board, Lucie I Committee Members present were: Ms. Johnnie Fields; Mr. Edwin C. Theiman, Jr.; Mr. J. Marshall Crews; Ms. Margaret S. Hickman; ~r. John T. Talbert, Jr.; Dr. Richard B. Graf, Jr.: Mr. Seymour Alper; and Robert Creighton, Jr., M. D. Dr. Richard B. Graf, Jr. gave the invocation. Chairman Barfield called the meeting to order expressing appreciation to all members present for their attendance.