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1986-07-22 Regular Meeting 250 MINUTES OF REGULAR MEETING, JULY 22u 198~ ASSEMBLY The New Hanover County Board of Co~missione~s met in Regular Sessio~' 6n Tq~sday, July 22, 1~86, at):OO D'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners John Dolan; Nolan O'Neal; Claud O'Shielps, 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. Reverend Rose Cannon, Associate Minister of Grace United Methodist Church, gave the invocation. 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 ) After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to approve the following Consent Agenda items with removal of #10, Approval of Contracts for Courthouse Renovation - Phase 2, to be discussed later in the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS Approval of Report of Collector of Revenue through June 30, 1986. The Commissioners approved the Collector of Revenue Report through June 30, 1986, as presented. A copy of the report is contained in Exhibit Book XIV, Page 33. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. A copy of the list is contained in Exhibit Book XIV, Page 33. Approval of Jefferies and Faris Associates to Prepare Request for Proposals from Developers for a Human Services Building - Department of Social Services The Commissioners approved the firm of Jefferies and Faris Associates to prepare request for proposals from developers for lease of office space for use by the Department of Social Services not to exceed $2,500. The County's share would be approximately $1,000. Approval of Lease Agreement - Rock Hill Community Center The Commissioners approved a lease agreement between New Hanover County and the Trustees of the Rock Hill Community Development Organization for maintenance and management of their community building. Approval of CP&L Application Agreements for Street Lighting at Riverside Park The Commissioners approved application agreements with Carolina Power and Light Company for street lights installed at Riverside Park for a term of 10 years at a montly cost of $100.82. 25: MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) Adoption of Resolution For Addition to State Maintained Secondary Road System The Commissioners adopted a resolution adding the following road to the State Maintained Secondary Road System: I Creeks tone Lane and Plum Tree Lane Creeks tone Subdivision (Div. file #549-N) A copy of the resolution is contained in Exhibit Book XIV, Page 33. Approval of Salary Upgrade For Sanitarians - Health Department The Commissioners approved upgrading the Health Department Sanitarians to Grade 68, representing an amount of $5,503. No additional funds are required. Approval of Granting Easement Across Hugh MacRae Park and Lot 28 in Oak Forest Revision (Lots 20-28) The Commissioners approved granting an easement across Hugh MacRae Park and Lot 28 in Oak Forest Revision (Lots 20-28) to the City of Wilmington for the purpose of installing certain utility lines in order to provide services to annexed areas. A copy of the resolution is contained in Exhibit Book XIV, Page 33. Budget Amendment Request - Sheriff's Department The following Budget Amendment was approved on June 2, 1986, and is being reported for entry into the record. I 87-00000002 Sheriff/Administration Debit ABC Fees $55,000 Credit Salaries and Wages Social Security Retirement Medical Insurance Uniforms Capital Outlay - Equipment Departmental Supplies Appropriated Fund Balance $23,036 1,647 1,910 936 700 12,000 1,650 13,121 Sheriff's Department assumed responsibility for ABC Law Enforcement in New Hanover County. Approval of Contract with Comprehensive Home Health Care I, Inc. The Commissioners approved FY 1986-87 contract between New Hanover County and Comprehensive Home Health Care I, Inc. for (1) scheduled non-emergency ambulance service within the County; and (2) scheduled non-emergency and scheduled emergency ambulance service originating within the County with an out-of-county destination, authorizing execution by the Chairman. I Approval of Policies for the Health Opportunities Program (HOP) The Commissioners approved policies as recommended by the Health Opportunities Program Advisory Council which should be beneficial to the county employees and the Health Opportunites Program. Approval of. lnterlocal Agreement for Mosquito Control on Eagle Island The Commissioners approved an Interlocal Agreement between New Hanover County and Brunswick County for mosquito control on Eagle Island. 252 MINUTES OF REGULAR MEETINGr JULY 22r 1986 (CONTINUED) APPROVAL OF CONSENT AGENGA (CONTINUED) Approval of Contract Renewals - Aging Department The Commissioners approved the following contract renewals for the Aging Department: Service America - to provide meals during FY 1986-87 Approximately $144,040 Wilmington Transit Authority and City of Wilmington for transit services to elderly handicapped residents. Service is charged at $28 per trip for first $3,000~ $14 for trips thereafter. Meal Site Agreement with Warner Temple A.M.E. Zion Church - $1,856 Meal Site Agreement with Katie B. Hines Senior Citizen Building' - '$660 ' Adoption of Bid Resolution - IBM Corporation - Management Information Systems The Commissioners adopted a resolution awarding bid for Direct Access Storage Device to the lowest bidder, IBM Corporation in the amount of $26,600 for use by MIS Department. A copy of the resolution is contained in Exhibit Book XIV, Page 33. PRESENTATION OF RETIREMENT PLAQUES Chairman Barfield, on behalf of the Board, presented retirement plaques to the following persons expressing appreciation to them for their productive years of service to the County wishing' them a happy retirement: Mr. Volney M. Gilbert - Health Department Ms. Eloise D. Green - Property Management .' RECESS OF REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to recess from Regular Session at 9:11 o'clock A.M. to hold a meeting of the New Hanover County Water & Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to reconvene to regular session at 9:35 o'clock A.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Barfield recessed the meeting for a break from 9:36 o'clock A.M. to 9:45 o'clock A.M. PRESENTATION OF HOSPITAL STUDY COMMITTEE REPORT Mr. Seymour L. Alper, Chairman of the New Hanover Memorial Hospital Reorganization Study Committee, presented the findings of this committee with reference to examining the advantages and disadvantages of reorganization. He addressed questions presented to the Committee at the beginning of the study. He emphasized the fact that the County would not being giving the hospital away if they decided to restructure stating a strong contract could be prepared insuring continuation of board appointments and defining the quality of care at all levels. He urged the County Commissioners 'to review the report as quickly as possible. 25: MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) HOSPITA~ STUDY COMMITTEE REPORT (CONTINUED) After discussion of ,the report, Chairman Barfield expressed appreciation to Mr. Alper and members of the Study Committee for the time and effort given by them in preparation of this report~ I APPROVAL OF FUNDING TO TRANSPORT PARTICIPANTS OF ST. STEPHENS CHURCH NUTRITION SITE After a discussion of funding ending under the Community Action Blpck Grant on February 28, 198~, and temporary funding by the County ending on July 1, 1986, Commissioner O'Neal MOVED, SECONDED by Vice-Chairman Retchin to approve funding in the amount of $13,500 to provide food and transportation 'for participants of the St. Stephens Church Nutrition Site. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF AUTHORIZATION FOR MENTAL HEALTH CENTER TO APPLY FOR CERTIFICATE OF NEED - DETOXIFICATION FACILITY Mr. M. L. Martin, Area Director of the Southeastern Mental Health Mental Retardation and Substance Abuse Center, gave an update on the proposed construction of a buifding to operate as a Detoxification Facility. Director Martin expressed the urgency of approving construction of the facility in order to meet the deadline for the Certificate of Need. A discussion was held on the need for this type of facility in New Hanover County and the cost to the County. I After discussion of adjoining counties participating in funding, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve continuation of the project with reference to the Detoxification Facility authorizing the Director of the Mental Health Center to apply for the Certificate of Need. The Chairman of the Board of Commissioners was authorized to execute the three-party contract between New Hanover Memoria+ Hospital, Southeastern Mental Health Center and New Hanover County. The Chairman was also authorized to execute the previously signed contract between Pender County and New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER LEVYING OF THE 1/2 PER CENT SALES TAX Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing. Chairman Barfield asked if anyone present wished to comment. Assistant County Manager, Mary Gornto, stated a person had been present who did want to speak but had left for a few minutes. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to recess the Public Hearing until later in the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. I PUBLIC HEARING TO CONSIDER ASSIGNMENT OF HOUSE NUMBERS TO PROPERTIES ALONG CAROLINA BEACH ROAD (HIGHWAY 421) AND CHRISTA DIRVE Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to open the Public Hearing. Upon vote, the MOTION CARRLED UNANIMOUSLY. Chairman Barfield asked if anyone present wished to speak in favor of or in opposition to the assignment of house numbers. No one commented. 254 MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER ASSIGNMENT OF HOUSE NUMBERS TO PROPERTIES ALONG GAROLINA BEACH ROAD (CONTINUED) Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to close the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield closed the Public Hearing. Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt the order assigning house numbers to properties along Carolina Beach Road and Christa Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order is contained in Exhibit Book XIV, Page 34. APPROVAL OF CONCEPT FOR BRANCH LIBRARY AT WRIGHTSVILLE BEACH Mr. Dale RaIson, Town Manager of Wrightsville Beach, gave background information on the proposed construction of a Community Center at Wrightsville Beach stating a bond referendum would be held in November 1986. He stated a significant portion of the building would be devoted to housing a branch library. After discussion of the costs involved in operating a branch library and the amount of utilities paid by the County, Commissioner O'Neal MOVED, SECONDED by Vice-Chairman Retchin to to support the concept of establishing a branch library at Wrightsville Beach. 'Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF NOISE ORDINANCE Assistant County Attorney, Wanda Copley, commented on the proposed ordinance stating it was modeled after the Charlotte Noise Ordinance. She stated enforcement of the ordinance as proposed was under the Inspections Department and not the Sheriff's Department stating both departments would like to address this issue. Mr. Sky Conklin, Inspections Director, expressed concern for enforcement by the Inspections Department. He stated the Inspections Department did not have adequate equipment for enforcement. He recommended enforcement by the Sheriff's Department including issuing of permits. Captain George Val lender commented on the ordinance not addressing the ambient noise level recommending this item to be written into the ordinance. He also commented on the low decibel unit recommending a rate of 72 decibels. A lengthy discussion was held on the ordinance with the following proposed revisions: Sec. 11-57. SOUNDS IMPACTNG RESDIENTIAL LIFE. Delete chain saws from Paragraph (3) and add to Paragraph (1). Also, change time for out-of-door operation in Paragraph (3) to 9:30 A.M. - 6:30 P.M. . , Change the Decibel level to 75 instead of 60. Delete Section 11-62. Motor Vehicles. Change of Enforcement and Issuing of Permits from the Inspections Department to Sheriff's Department. It was the consensus of the Board to request Assistant County Attorney Copley to redraft the ordinance as discussed for presentation at a later meeting for further action. 2 5 ~ MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) I APPROVAL OF LATE PAYMENTS ON RECEIVABLES EXCLUDING THE DEPARTMENT OF SOCIAL SERVICES AND EMERGENCY MEDICAL SERVICES After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to approve a late payment charge in the amount of 1 1/2% per month on all receivables except for the Department of Social Services and Emergency Medical Services. The application of the late charge is not to be retroactive. Upon vote, the MOTION CARRIED UNANIMOUSLY. DESIGNATION OF CHAIRMAN BARFIELD AS VOTING DELEGATE FOR 79TH ANNUAL CONFERENCE IN WINSTON-SALEM Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to designate Chairman Barfield as the voting delegate for the 79th Annual Conference in Winston-Salem. Upon vote, the MOTION CARRIED UNANIMOUSLY. It was the consensus of the Board for Vice-Chairman Retchin to become the voting delegate if Chairman Barfield was unable to attend. COMMITTEE APPOINTMENTS APPOINTMENT OF SHERAM ROBINSON TO NEW HANOVER COUNTY BOARD OF HEALTH After discussion, Commissioner O'Neal MOVED, SECONDED by Chairman Barfield to appoint Mr. She ram A. Robinson to serve an unexpired term on the New Hanover County Board of Health. This term will expire on December 31, 1986. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner O'Neal Commissioner O'Shields Vice-Chairman Retchin Chairman Barfield Voting Noe: Commissioner Dolan REAPPOINTMENT OF MARY GORNTO AS COUNTY REPRESENTATIVE ON ARTS COUNCIL OF THE LOWER CAPE FEAR Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to reappoint Assistant County Manager, Mary Gornto, as the County's representative on the Arts Council of the Lower Cape Fear. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF MARIAN DANIEL, NACHETTE CLASSENS, DONNA JOHNSON, AND ELEANOR WRIGHT TO SERVE ON THE DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to appoint Ms. Marian S. Daniel, Ms. Nachette Classens, and Ms. Donna W. Johnson to serve three-year terms on the Domiciliary Home Community Advisory Committee expiring June 30, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to appoint Mr. Eleanor B. Wright to serve an unexpired term filling the category of mental retardation on the Domiciliary Home Community Advisory Committee. This term will expire June 30, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF MS. ALYCE B. BROWN TO SERVE ON THE NURSING HOME ADVISORY COMMITTEE Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to reappoint Ms. Alyce B. Brown to serve a three-year term on the Nursing Home Advisory Committee expiring July 19, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. 256 MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) REAPPOINTMENT OF KAY SEBIAN AND JOHN SAWYER TO PLANNING BOARD AND APPOINTMENT OF PAUL FOSTER TO PLANNING BOARD '. Commissioner O'Neal MOVED, SECONDED by Chairman Barfield to reappoint Ms. Kay Sebian to serve a three-year term on the Planning Commission expiring July 31, 1989. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Vice-Chairman Retchin Voting Noe: Commissioner O'Shields Commissioner Barfield Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to appoint Mr. George Alper to serve a three-year term on the Planning Board. The MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Commissioner O'Shields Vice-Chairman Retchin Voting Noe: Commissioner Dolan Commissioner O'Neal Chairman Barfield Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to appoint Mr. Paul Foster to serve a three-year term on the Planning Board expiring July 31, 1989. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Chairman Barfield Voting Noe: Vice-Chairman Retchin Commissioner O'Shields Chairman Barfield MOVED, SECONDED by Vice-Chairman Retchin to reappoint Mr. John R. Sawyer to serve a three-year term on the Planning Board expiring July 31, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING RECONVENED FOR ADOPTION OF RESOLUTION TO CONSIDER LEVYING OF THE 1/2 PER CENT ADDITIONAL LOCAL GOVERNMENT SALES AND USE TAX Chairman Barfield reconvened the Public Hearing. Chairman Barfield asked if anyone present wished to speak in favor of or in opposition to levying the 1/2 per cent additional local government sales and use tax. No one commented. Chairman Barfield closed the Public Hearing. Commissioner O'Shields MOVED, SECONDED Vice-Chairman Retchin to adopt the resolution to levy a 1/2 per cent addi tional local government sales and use tax effective September 1, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 34. ADDITIONAL ITEMS - COUNTY COMMISSIONERS SCHEDULING OF SPECIAL MEETING TO REVIEW AND DISCUSS THE REPORT PRESENTED BY THE HOSPITAL STUDY COMMITTEE Commissioner O'Shields recommended scheduling a Special Meeting to discuss and review the report prepared by the Hospital Study Committee. 2 5 ~ MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINUED) SCHEDULING OF SPECIAL MEETING FOR DISCUSSION AND REVIEW OF HOSPITAL STUDY COMMITTEE REPORT (CONTINUED) After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to schedule a Work Session on August 5, 1986, at 9:00 o'clock A.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. I DISCUSSION OF AIRPORT SECURITY Commissioner Dolan expressed concern for security at the Airport and happenings of the past week. He recommended adding more personnel to the Public Safety Officer Program in order to maintain some form of perimeter control. County Manager Cooper suggested requesting the Airport Manager to make recommendations for improvement of airport security and adequate personnel to provide this security. He stated the recommendations would be presented to the Commissioners at a later date. ADOPTION OF ~SOLUTION TO BE FORWARDED TO THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS FOR CHANGE OF DATE IN LOCAL GOVERNMENTS FISCAL YEAR Vice-Chairman Retchin presented a resolution for adoption requesting the N. C. Association of County Commissioners to lobby the State Legislatue to change the local governments budget year to begin January 1 and end December 31. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to adopt the resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the resolution is contained in Exhibit Book XIV, Page 34. TABELING OF PROCLAMATION DELCARING nCAPTIVE NATIONSn WEEK After discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Retchin to table this request. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONTRACTS FOR COURTHOUSE RENOVATION - PHASE 2 Director of Engineering and Facilities, Ed Hilton, presented the following contracts for Courthouse Renovation, Phase 2 with revisions and requested approval authorizing the Chairman to execute the documents: Security Building Co., Inc. Sneeden, Inc. Eastern Elevator Service Reagan Electrical Contractors Quality Sprinkler Williams Plumbing Company $1,071,386 226,700 33,379 208,250 64,870 40,643 Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to approve the contracts as presented authorizing the Chairman to execute the documents. I APPROVAL OF ADAP-07 - AVIATION EASEMENTS Director of Engineering and Facilities, Ed Hilton, presented acquisi tion of aviation easements requesting approval of purchasing the entire parcels owned by Mr. Johnson and Ms. McHenry subject to approval of FAA participation. Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to purchase the easements as reqeusted subject to FAA participation. Upon vote, the MOTION CARRIED UNANIMOUSLY. 258 MINUTES OF REGULAR MEETING, JULY 22, 1986 (CONTINuED) DISCUSSION OF FLEMINGTON LANDFILL LAW SUIT County Attorney Pope requested authority to execute the consent decree on the Flemington Landfill law suit which will be presented within the next week. He gave background information on the document. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to authorize the County Attorney to execute the agreement provided no changes occur as have previously been discussed. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF TRIP TO LAS VEGAS Chairman Barfield commented on the trip to Las Vegas stating he felt more department heads should attend the National Asssociation of Counties Annual Conference since so many of the programs and seminars address issues of concern to various county departments. NEW HANOVER COUNTY CLERK TO BECOME PRESIDENT OF N. C. ASSOCIATION OF COUNTY CLERKS Lucie F. Harrell, Clerk to the ~oard, reported due to the resignation of Howard Holly, President of the N. C. Association of County Clerks, she would be be installed as President of the association on Friday, July 25, 1986. ADJOURNMENT Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the meeting at 12:10 o'clock A.M. Respectfully submitted, ~./~ Lucie F. Harrell Clerk r