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1987-03-23 Regular Meeting l ___ ___-----.J 50 MINUTES OF REGULAR MEETING, MARCH 23, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 23, 1987, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Father Daniel O'Leary, Pastor of the All Souls Episcopal Church (Independent), gave the invocation. r-, LJ APPROVAL OF MINUTES Chairman Retchin MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Regular Meeting of March 2, 1987, at presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal 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 person commented: Discussion of Kings Mill Mobile Home Park Estates Project Ms. Ginger Stanley, developer of Kings Mill Mobile Home Park Estates, commented on petitioning to the Planning Board on March 10, 1987, for preliminary approval of the mobile home park. She stated the Planning Board continued the hearing until the next meeting requesting a preliminary site approval letter from the Division of Environmental Management. Upon contacting DEM, she learned preliminary site approval letters are no longer issued and have not been issued for a number of years. She expressed concern for investment of money and time to provide a final approval plan on basic design and site with other necessary permits before the Planning Board will issue preliminary or conditional approval. She requested assistance from the County Commissioners. r- L Planning Director Hayes stated the disposal system to be used is a surface ground application treatment plant and the first to be installed in New Hanover County. He stated the Planning Staff could not waive the decision by the Planning Board for continuance until approval had been received from the Division of Environmental Management. After discussion, it was the consensus of the Board for the Planning Director to assist Ms. Stanley in any way possible with this problem. APPROVAL OF CONSENT AGENDA Vice-Chairman Dolan commented on Item 112, the contract with Post, Buckley, Schuh and Jernigan for design of Landfill Cell 13, questioning the surcharge of 150% for overhead and profit stating this appeared to be high. After discussion, it was the consensus of the Board to withdraw this item and place it on the next agenda. .- L Commissioner Corbett questioned Item 19 and Item 110, carpeting for Second Floor of Law Enforcement Center and Southeastern Mental Health Building, aSking why the bid was on a different type of carpet and different quantity. After discussion, it was the consensus of the Board to withdraw Item 19 and Item 110 until further data can be furnished. L_ ~_~____ 4; MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) County Manager Cooper commented on the origin of the Consent Agenda stating it was established to save time. He encouraged the Commissioners to contact him in advance of the meeting on any items of concern stating he would be glad to discuss any issue and withdraw an item if necessary. " Vice-Chairman Dolan stated he appreciated the time savings factor but felt at times questions should be asked not only for himself but for the benefit of the general pUblic. L.J After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to approve the following Consent Agenda items, withdrawing Items 19, 110, and 112. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Tax Abatements and Refunds The Commissioners approved tax abatements and refunds as presented by the Tax Administrator. A copy of the list is contained in Exhibit Book XV, Page 13. Approval of Report of Collector of Revenue The Commissioners approved the report of the Collector of Revenue for collections through February 27, 1987. A copy of the report is contained in Exhibit Book XV, Page 13. " Adoption of Resolution Accepting Offers to Purchase Surplus Real Property The Commissioners adopted a resolution accepting offers to purchase several parcels of property representing an ad valorem tax value totaling $27,160 as of 1983. , LJ A copy of the resolution is contained in Exhibit Book XV, Page 13. Adoption of Resolution to Claim Exemption Under Section 7(k) of the Fair Labor Standards Act The Commissioners adopted a resolution declaring the intention of the Board to claim exemption under the provisions of Section 7(k) of the Fair Labor Standards Act. A copy of the resolution is contained in Exhibit Book XV, Page 13. Approval of Airport Ordinance Amendments Reflecting Vehicle Operation Policy The Commissioners approved amendments to the Airport Ordinance reflecting changes to the Vehicle Operation Policy. A copy of the ordinance is on file in the Clerk's office for codification into the County Code. " Reclassification of Director of Parks & Recreation to Superintendent of Parks and Grounds Operations The Commissioners approved reclassification of the position of Director of Parks & Recreation (Salary Range 75) to Superintendent of Parks and Grounds Operations (Salary Range 72) as requested by Director of Public Services, Mike Waters. L.J Award of Contract to Cape Fear Paving Company, Inc. for Phase 1 - Kings Grant Park - Parks & Recreation Department The Commissioners approved the award of contract to the low bidder, Cape Fear Paving Company, Inc. in the amount of $7,238 for clearing and grading of Kings Grant Park. 52 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) Approval of Half-time Position to Full-time Position Health Department The Commissioners approved changing the half-time Clerk Typist III position in the Health Department WIC Program to a full-time Clerk III Position with approval of the following BUdget Amendment. No additional County funds are necessary. 87-00000194 Health/wrC Debit Credit " WIC Grant $7,834 LJ Salaries & Wages social Security Wages Retirement - Local Government Employees System Medical Insurance Departmental Supplies Capital Outlay - Equipment $3,244 l65 191 234 2,000 2,000 Increase in State WIC Grant of $7,834 to pay for Clerk III position, supplies and capital outlay. Authorization for Disposal of Vehicles and Equipment Through Joint City/County Auction The Commissioners authorized the County Director to dispose of vehicles and equipment joint City/County auction to be held on March 28, Finance through a 1987. Adoption of proclamation Designating the Month of April 1987 as BEAUTIFUL IS BJS"n:J!&K MONTH The Commissioners adopted a proclamation designating the month of April 1987 as Beautiful is Better Month. A copy of the resolution is contained in Exhibit Book XV, Page 13. r- Approval of Various Budget Amendments L 87-00000185 Sheriff/Jail Debit Credit General Fund Appropriated Fund Balance $12,000 Sheriff/Jail Contracted Services $12,000 State POlicy was changed after the Fiscal Year 1986/87 Budget was adopted. To cover reimbursement fees to Department of Corrections for inmates housed in another facility on Safekeeping Orders from this County. 87-00000180 Library Debit Credit Aid to Public Library Grant Contributions $ 2,202 2,700 Supplies (Books) $ 4,902 Reallocation of funds by State and proceeds from sale of duplicate North Carolina materials. .- 87-00000178 Department of Aging L- Administration Debit Credit Community Action Program Salaries & Wages $ 675 3,000 Senior Center Capital Outlay - Equipment 1,936 Nutrition - Congregate Contracted Services 5,000 4 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) BUdget Amendment (Continued) Debit Credit Transportation Contracted Services Contracted Services - Meals Nutrition - Home Delivered Contracted Services $3,000 2,611 5,000 I' LJ Adjustment to establish CAP revenue line for meals. Transfer from salaries and wages to Contracted Services which are presently being provided by temporary personnel. Increase in DART contract due to rate increase. Approval of Contract for On-Site Renovation II The Commissioners approved a Douglas Franklin Crenshaw for Courthouse Renovation Phase II. Inspection - Courthouse consultant contract with on-site inspection of Approval of Application for 1987-88 ACTION Grant Department of Aging The Commissioners approved application for the 1987-88 ACTION Grant accepting the grant if awarded without change in the amount of $43,566 with a County match of $31,467. Approval of Application for 1987-88 Title III Bid Proposal for Department of Aging The Commissioners approved application for 1987-88 Title III Bid proposal for the Department of Aging, accepting the grant if awarded without change in the amount of $221,250. The County's match requirement is $131,099. r L PRESENTATION OF RETIREMENT PLAQUE TO ANNIE MAE BRINSON Chairman O'Neal, on behalf of the County Commissioners, presented a retirement plaque to Ms. Annie Mae Brinson for 18 years and 7 months service with the New Hanover County Health Department. He wished her a happy and healthy retirement. APPROVAL OF LANEY HIGH SCHOOL EXTENSION - NEW HANOVER COUNTY SCHOOLS Ms. Lucille Shaffer, Chairman of the Board of Education, gave background information on new facilities and renovations that have been accomplished in the original five-year plan. She commented on the necessity to expand Laney High School by 30 classrooms in order to comply with the reduced classroom size which has been mandated by the State. Ms. Shaffer commented on the new five-year plan which has been established to continue to the meet school needs. She requested consideration of the fOllowing items: 1. Continuation of commitment by the County to fund $900,000 per year for renovation. " 2. Implementation of Energy Management Plan. 3. Funding in the amount of $2.8 million for addition of 10 additional classrooms to the fOllowing Junior High Schools: Trask Junior High; Noble Junior High; and Virgo Junior High. u Ms. Shaffer stated additions to the three Junior High Schools would eliminate the use of mobile homes and obsolete buildings providing stabilization of school attendance districts for students. Ms. Shaffer commented on $2.6 million dollars for construction of new facilities such as cafeterias, libraries, and multipurpose rooms, and the need for a transportation center to better maintain school buses. 54 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) Ms. Shaffer stated the total projected request of $9.9 million for the next five years is half of the projected 10-year needs that were presented to the General Assembly when requested by a survey. She stated New Hanover County is one of the 10 largest school systems in North Carolina and that our needs were the lowest of any of the 10 systems because of the funding commitment and support by the Commissioners for the past five years. 'I Ms. Shaffer expressed appreciation to the Commissioners for their support of the original five-year plan and presented the new five-year plan for study and review. '- J Superintendent Richard Flynn importance of establishing a future plan had been a helpful guide. commented on the plan stating the past Commissioner Retchin recommended approval of additional funding for expansion of Laney High School. He stated with reference to endorsing the new five-year plan as requested by the State he would suggest that the County not make a funding commitment but as a group state the Board of Commissioners have reviewed the plan and will try to address school needs as they are presented. Commissioner Barfield commented on the County Manager's recommendation for funding in the amount of $2.2 million for expansion of Laney High School with the suggestion that the Board of Education go to the voters for approval of the new five-year plan. He expressed concern for other County projects that are in need of additional funding. Commissioner Retchin stated the new plan needed to be addressed stating time was available to come up with a plan that would be agreeable to all. He commented on the provision to provide $900,000 per year stating this was already in the projected budget for schools. .- '- County Manager Cooper stated the $900,000 funding commitment was projected in the county's budget for the next two years. He recommended not committing to this funding beyond this period of time suggesting that it be included in the overall school plan and submitted as part of the bond issue. After further discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve funding in the amount of $2.2 million as recommended by the County Manager for distribution to the New Hanover County School System for expansion of Laney High School. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to submit the following comment to the State Board of Education with reference to the 10-year School Plan for the New Hanover County School System: "The New Hanover County Commissioners are not prepared at this time to provide a funding schedule for the above capital requirements. As school needs and other County needs are more clearly defined, a funding plan will be established." Upon vote, the MOTION CARRIED UNANIMOUSLY. r '- Ms. Shaffer Commissioners for School expansion. expressed appreciation to the Board of approval of funding for the Laney High PRESENTATION AND UPDATE ON N. C. FORESTRY PROGRAM IN NEW HANOVER COUNTY Mr. Mike Hardison, New Hanover County Forestry Ranger, appeared before the Commissioners presenting an update and proposed goals for the 1987 Forestry Program in New Hanover Jf55 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) County. He presented a progress report and discussed the following topics: l. Fire Control 2. Forest Management 3. Pest Control 4. Fire Prevention " Mr. Hardison stated 85 woods fires occurred in New Hanover county during the past year. He commented on reduction of woods fires by law enforcement and hazard reduction burning stating New Hanover County lead in District 8, composed of Brunswick, pender, Bladen, and New Hanover, in burning of 2,082 acres. u Mr. Hardison commented on the current process of developing a block square map for New Hanover County which will assist all persons involved in fire fighting by allowing equipment to be placed within two tenths of a mile from the smoke. He stated the volunteer Fire Departments had been most cooperative in attending meetings and working with the N. C. Forestry Service. Mr. Hardison commented on nine locations throughout the county where burning permits can be obtained. He stated implementation of the burning permit system had eliminated a large percentage of illegal burning throughout the County. Mr. Hardison stated the programs within New Hanover valuable forest protection to initial start of the forestry County had already provided its citizens. [ Chairman 0' Neal thanked Mr. Hardison for an excellent presentation stating a permanent location needed to be found for the Forestry Service. After discussion of the Airport being the best central location, it was the consensus of the Board to request the County Manager and Airport Manager to work with Mr. Hardison in finding a permanent location for the Forestry Service. SUBDIVISION APPEAL OF DECISION BY NEW HANOVER COUNTY PLANNING BOARD TO REQUIRE A STUB-OUT FROM GOLDEN ROAD EXTENDING NORTH IN GOLDEN ROAD ESTATES SUBDIVISION LOCATED IN FEDERAL POINT TOWNSHIP Planning Director Hayes gave background information on the appeal stating the Planning Board conditionally approved Golden Road Estates based on the owner/developer complying with a stub-out on the western portion of the development for proper development of parcel 25 to the north and adequate access between Country Place Subdivision and Golden Road. He stated this requirement was in harmony with Article IV, Section 2.7(5) of the Subdivision Regulations of I New Hanover County. Chairman O'Neal asked if anyone present wished to speak on the issue. The following person commented in opposition: r LJ Mr. James McDonald, Attorney representing Ella Mizell, the Developer, stated his client was opposed to the stub-out requirement. He commented on the elimination of one building lot for placement of the stub-out stating Ms. Mizell would suffer a monetary loss of approximately $9,000 to $10,000 in order to accommodate the pUblic at large. He requested the Board to balance public benefit versus private detriment to the individual landowner stating the law required some benefit to the landowner through dedication of her property in order to meet the stub-out requirement. Mr. McDonald stated the proposed development was only a 10-lot subdivision and that no additional access was needed. He respectfully requested the Board to withdraw this stub-out requirement. .if ~ (p MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) A lengthy discussion was held on the design of the subdivision in order to provide access to Golden Road and the need to provide future access to this proposed subdivision and Country Place Subdivision. Commissioner Barfield expressed concern for penalizing one person's property in order to provide access to another person's property. He recommended not requiring the stub-out. .- Vice-Chairman Dolan asked if the stub-out requirement would provide more value to the property. Planning Director Hayes stated the property should become more valuable due to lots facing the interior street instead of Golden Road which is a major traffic corridor. '-- After a lengthy discussion on providing access to residents and emergency vehicles in both subdivisions, Commissioner Corbett MOVED, SECONDED by commissioner Retchin to accept the recommendations of the Planning Board to require a stub-out street as reasonable based on the findings that there is no loss of value to the property by the stub-out requirement. Upon vote, the MOTioN CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Voting Noe: Commissioner Barfield PUBLIC HEARING TO CONSIDER THE ASSIGNMENT OF HOUSE NUMBERS ON A PORTION OF MIDDLE SOUND LOOP ROAD, BARREN INLET ROAD, FALCON POINTE, AND SYLVAN LANE LOCATED IN THE MIDDLE SOUND COMMUNITY Planning Director Hayes gave background information on the assignment and reassignment of house numbers to properties along a portion of Middle Sound Loop Road, Barren Inlet Road, Falcon pointe, and Sylvan Lane. He stressed the importance of general delivery of County services and response of emergency and safety vehicles. , L Chairman O'Neal opened the Public Hearing. Chairman O'Neal in opposition to commented: asked if anyone present wished to speak the request. The following person Mr. Robert Pharr, President of the Homeowners Association of Falcon pointe, requested consideration of the Board to allow addresses to remain the same. commissioner Retchin commented on changing addresses to four digit numbers in order to identify locations within the County stating this would provide a much better emergency response and give additional security to a neighborhood. After further discussion assigned four digi t numbers, opposition. of all subdivisions being Mr. Pharr withdrew his .- L Chairman O'Neal closed the Public Hearing. commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the order assigning and reassigning house numbers to Middle Sound LOOp Road, Barren Inlet Road, Falcon pointe, and Sylvan Lane in the Middle Sound Community. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order is contained in Exhibit Book xv, Page 14. L_ .lfS' rl MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) CONSIDERATION OF AMENDMENTS TO THE FLOOD PLAIN MANAGEMENT REGULATIONS AND ORDINANCE AS MANDATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY Planning Director Hayes gave background information on changes in the National Flood Insurance Program and mandates by the Federal Emergency Management Agency requiring local governments to amend their Flood Plain Ordinances. Chairman O'Neal asked if anyone from the general public wished to speak on the issue. No one commented. " After discussion, commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve acceptance of amendments to the New Hanover County Flood Plain Management Regulations and Flood Plain Ordinance as presented by the Planning Director. Upon vote, the MOTION CARRIED UNANIMOUSLY. LJ Copies of amendments to the Regulations and Flood Plain Ordinance are contained in Exhibit Book XV, Page l4. APPEAL OF TAX AND PENALTIES INVOLVING 1981 TO 1986 DISCOVERIES - SOll".1:t1ISJ.dl' IMPORT, INC. Tax Administrator, Roland Register, gave background information on the appeal. He stated basically the appeal involved under listing of personal fixed assets and the absence of inventory listings as handled by the Tax Department. He stated records had been made available by Southern Import, Inc. to determine the discrepancies in listings, and the Tax Department was in agreement with the values which should have been reported and recommended release of anything entitled to prior to the move of Southern Import from the State Ports Authority in 1981-82. He stated differences existed in the definition of Seaport Terminal and penalties imposed on discovered property. Tax Administrator Register stated Southern Import, Inc. contends GS l05-275(2) supports their type of company; however, he felt the statute was intentionally restrictive stating not only must the property be imported through a seaport terminal, it must also remain at such terminal while awaiting further shipment. He stated an exemption at this point would give Southern Import an unfair business advantage over other people who are importing goods. He stated the question to be answered is how far the legislature intended for the Seaport Terminal boundary to go in North Carolina. r I LJ Tax Administrator recommendations: l. 2. 3. 4. 5. I' L 6. 7. Register the following made Confirm the assessed values of the discovery as revised February 19, 1987. Accept the delinquent applications for years 1981 and 1982 which will allow exemption for only the imported property located at the seaport terminal. Uphold tax and penalties for under listed machinery and equipment for years 1981-1986. Uphold tax and penalties for domestic property not reported 1981-86. Do not amend the ordinance as defined in February 1986. Do not release tax for imported property not held at the seaport terminal for 1983-l986. As the company did not comply with listing of inventory or requesting exemption in years 1983-1986, seriously consider whether any of the $6,488.10 penalty should be released by the discretion of the Board. Non-uniform releases may subject the Board to escalated appeals for "abuse of discretion". -" Ai 5'<6 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) Chairman O'Neal asked if anyone from the general pUblic would like to address this issue. The fOllowing person commented: Mr. Southern statutes Lonnie Williams, Jr. , Attorney representing, Import Inc., commented on the intent of the stressing the following points: 1. Southern Import, Inc. for the years 1981-1982 had been granted an exclusion under the General Statutes for imported inventory for the years up through 1980. Through and including the tax year 1982, Southern Import was leasing facilities at the State Ports Authority. r-, ,---1 2. Due to a change in personnel at Southern Import, Inc., and through oversight, the application for exemption was not filed beginning in 1981. The proper applications have now been filed and GS105-282.lC provides that if the property meets the conditions for the exemption the Board of Commissioners can approve the exemption. This exemption for imported property did apply to Southern Import, Inc. for the years 1981-l982 as they were located on State Ports property and clearly in definition of a Seaport Terminal. Attorney Williams requested the Commissioners to grant exemption for the years 1981-l982 and excuse the non-filing of applications. 3. Due to expansion and growth of the State Ports Authority, and at the request of the State Ports Authority, Southern Import, Inc. did move its location from the State Ports to North Kerr Avenue in 1983. Until the tax discovery notice, Southern Import was not aware that the tax exempt status would not be applicable due to the move. , L Attorney Williams stated the purpose of the exemption as stated in the General Statutes was to encourage development and use of the State Ports. He stated Southern Import, Inc. was and is a leader in use of the State Ports since 1970 and that the move had not changed the nature of their business. He stated the move had expanded business and as a result a number of vessels are calling on the Port due to tonnages of Southern Import, Inc. Attorney consider seaport location business Statutes. Williams requested the Commissioners to expansion of the current definition of a terminal to include Southern Import's on Kerr Avenue. He stated this type of is one that is encouraged by the General Chairman O'Neal expressed concern for a company moving outside of the established seaport terminal area before the latest definition of a seaport terminal was revised. He also questioned no notification of the move to the Tax Office or listing of inventories stating these were difficult issues to dismiss. He cautioned the Commissioners about excusing taxes for one company without consideration of all companies that could be involved. .. L- Mr. Joe Coleman, Vice-President of Southern Imports, Inc., stated the lack of notification to the Tax Office was an oversight on his part since he had just been hired in September 1980. He stated he had no knowledge of the exemption except when filing property taxes, he asked about inventory, and was told an exemption was on file and the inventory did not need to be reported stating he did not further pursue the issue. L- ______ 4[: LJ MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) A lengthy discussion was held on the definition of a seaport terminal. Vice-Chairman Dolan MOVED, SECONDED by commissioner Corbett to deny the release of taxes, reduce 50% of the penalty, and review the definition of a seaport terminal based on excluded areas and use of the Port. The floor was opened for discussion. After further discussion, Commissioner Retchin made a SUBSTITUTE MOTION, SECONDED by Chairman O'Neal to accept the recommendations of the Tax Administrator with a 50% reduction to the penalty assessed in the amount of $6,488.10 as listed in Item 17. Upon vote, the MOTION CARRIED UNANIMOUSLY. " Further discussion was held on the definition of a seaport terminal. It was the consensus of the Board to review this definition at a future date. MEETING RECESSED FOR LUNCH Chairman 0' Neal recessed the meeting for lunch from l2:00 o'clock noon to l2:40 o'clock P.M. r L REPEAT TAX APPEAL FOR RELEASE OF PENALTY - COLLEGE ACRES HOUSING PARTNERSHIP Tax Administrator Register gave background information on the reappeal since the hearing held by the Board of Commissioners on October 20, 1986. He stated the original appeal was based upon not receiving listing forms from the Tax Office. He stated the forms were mailed to P. o. Box 3466, Greensboro, North Carolina, the address of the grantee as written on the deed and stated whether the address error was made by the owner or his agents, the burden for timely listing is placed on the taxpayer and the penalty should not be released based upon this argument. Tax Administrator Register stated Mr. Jim Philips and Michael Mills, Attorneys representing College Acres Housing Partnership, had requested a reappeal based on the severity of the penalty. Mr. Michael Mills stated a penalty was assessed in the amount of $6,850 which occurred during a transition period when the apartments were being constructed and were being sold to a separate limited partnership. He presented a deed with an address which was in error stating the 1986 taxes were paid. He stated his clients acted in good faith by making a voluntary delinquent business personal listing in July. Mr. Mills respectfully requested the Board to waive at least half of the penalty assessed. After discussion, commissioner Barfield MOVED, SECONDED by commissioner Corbett to excuse 50% of the penalty assessed. Upon vote, the MOTION CARRIED UNANIMOUSLY. r APPROVAL OF TITLE III-B CHORE GRANT BID PROCESS FOR FISCAL YEAR 1987-88 - DEPARTMENT OF SOCIAL SERVICES Social Services Director, Wayne Morris, gave background information on the Title III-B Chore Grant of the Older Americans Act. He stated the Department of Social services had received a grant since 1982 and utilized the funds to provide CHORE services to allow disabled persons to stay at home. ~ Commissioner Retchin MOVED, SECONDED by commissioner Barfield to approve the CHORE grant application as presented by the Department of Social Services. Upon vote, the MOTION CARRIED UNANIMOUSLY. REQUEST FOR THREE NEW POSITIONS - DEPARTMENT OF SOCIAL SERVICES Social Services Director, Wayne Morris, commented on three new positions, two Data Entry Operators and one Accounting Technician. He stated the reason for requesting two Data Entry Operators was due to federal requirements - ---, --- - -- ~ ---~._------ 60 MI~S OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) implemented in October 1986 called IVES (Income and Eligib'~lity Verification System). He stated this program required six separate computer matches on every person in a household which had created the processing of 4,000 cross-matches each month doubling the workload. He respectfully requested approval of two Data Entry Operators in order to avoid payment of penalties. County Manager Cooper recommended authorization for the Department of Social Services to continue hiring temporary employees for the remainder of the fiscal year with new permanent positions being reviewed with other requests as part of the fiscal year 1987-88 budget process. " LJ social services Director Morris expressed concern for training and retaining temporary people since they are constantly looking for permanent jobs. After discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to authorize the Department of Social Services to continue the hiring of temporary employees in the positions needed for the remainder of the fiscal year. Upon vote, the MOTION CARRIED UNANIMOUSLY. County Manager Cooper expressed concern for the number of positions ( 12) requested by the Department of Social services in the upcoming budget year. He commented on the tremendous growth in the staffing of Social services during the past year asking Director Morris if these positions were absolutely necessary. Director Morris stated he had no choice but to request new positions with the federal regulations now required. commissioner Retchin commented on the new direction of Social Services in trying to train recipients to become self-sufficient. ,. L DISCUSSION OF AIRPORT INTERIM TERMINAL ENGINEERING PROPOSALS County Manager Cooper stated several months ago, United Airlines had approached the County requesting additional space at the terminal. He stated piedmont was satisfied with their present space requirements and that American Eagle was planning to service the Wilmington area again and would need space. County Manager Cooper stated HNTB, our present airport consultants, had studied the project and felt it was quite feasible to construct this expansion and had presented a cost estimate of $72,000 which he felt was too expensive. He stated after requesting fee proposals from local firms, two proposals had been received as follows: McKim and Creed Engineers Preliminary Plan and Estimate Construction Documents & Bids Inspection Services Total $ 8,876 l4,437 3.707 $27,020 Talbert-Cox and Associates .- Preliminary Plan and Estimate Construction Documents Bid Inspection Services Total $ 8,625 l2,940 1,440 7.745 $30,750 L- County Manager Cooper requested authorization of the preliminary plan and estimate which would project the costs of the facility and allow American Airlines and American Eagle to decide if they are willing to sign a lease that would pay for the project. County Manager Cooper stated if 46 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) the airlines decide not to construct the project, the preliminary cost of $8,000 would be lost by the County. After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Corbett to authorize McKim and Creed Engineers to proceed with the Preliminary Plan and Estimate in the amount of $8,876 with completion of this project within twelve weeks. Upon vote, the MOTION CARRIED UNANIMOUSLY. r , ACCEPTANCE OF PUBLIC SAFETY OFFICERS OPERATIONS MANUAL - NEW HANOVER COUNTY AIRPORT Airport Manager, R. C. Shackelford, presented a Public Safety Officers Operations Manual giving background information on preparation of the manual. He stated the manual had been prepared by a PSO Policy and Procedures Committee and would be used as a guide for Public Safety Officers in performing the lawful discharge of their duties at the Airport. He stated the manual represents a comprehensive approach covering general administrative procedures and is restricted to the general public due to discussion of plans for terrorist acts, bombings, etc. L After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to accept the plans as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. r I ~ Commissioner Corbett commented on the screening procedure at the Airport and the number of persons going through the check point area at the same time. He asked if everyone was screened properly. Airport Manager Shackelford stated the screening procedure is the responsibility of the airlines and that the current contract is between piedmont Airlines and Globe Security. He stated monthly reports are made to FAA on the number of persons denied entry and weapons found stating he felt the screening was quite adequately performed. Vice-Chairman Dolan asked about facilities available when searches are required. Airport Manager Shackelford stated these searches are being done in vacant office space at Eastern Metro or in the Airport Conference Room. He stated Property Management had been asked to enclose a cubical by the doorway and hopefully this would provide a better facility until the new terminal is completed. Vice-Chairman Dolan complimented Shackelford and his committee for an preparing the manual. Airport excellent Manager job in APPROVAL OF CONTRACT FOR SKY CAP SERVICE - NEW HANOVER COUNTY AIRPORT Airport Manager Shackelford gave background information on the Sky Cap Service stating the need for baggage handling service to assist the public in loading and unloading of baggage. He requested authorization for the County Attorney to prepare a contract permitting Skycap services to start on April 6, 1987. [ Mr. Walter Davis, President of D & D Skycap Services, commented on a survey conducted at the Airport stating the need for this type of service to the general pUblic. He stated the service would all assist all passengers with bags to the ticket counter; assist all handicapped and disabled in any capacity required; and assist in transporting baggage on curbside to the parking lot. Mr. Davis stated two persons would be on a daily shift from 5:30 A.M. until 11:00 P.M. He respectfully requested authorization to go into this business venture. Vice-Chairman received stressing Dolan commented the importance of on other proposals giving all persons .62 MINUTES OF REGULAR MEETING, MARCH 23, 1987, (CONTINUED) interested the opportunity to provide the service. Airport Manager Shackelford stated he had received two other proposals and that D & D was the only proposal with adequate personnel to carry out this function. After discussion of approving this proposal for only ninety days, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to request the County Attorney to prepare a contract with D & D for a period of 90 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. r APPROVAL OF FUNDING FOR APPRECIATION DAY FOR CITIZENS SERVING ON BOARDS, COMMITTEES, COMMISSIONS, AUTHORITIES AND TASK FORCES APPOINTED BY THE BOARD OF COMMISSIONERS Commissioner Barfield asked if this type of appreciation day should be separated from the DOVIA Volunteer Day stating he thought these individuals were included in Volunteer Day. L_ Vice-Chairman Dolan stated they were not included in the DOVIA day; therefore, he felt it would be appropriate to sponsor an informal event in the park. After discussion, commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve funding for Appreciation Day to honor citizens serving on Boards, Committees, commissions, Authorities and Task Forces appointed by the County Commissioners with appointment of Assistant County Manager Mary Gornto; Deputy Clerk, Joyce Bragg; and Public Services Director, Mike Waters to plan the event and present a proposal at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. REGULAR MEETING RECESSED FOR A MEETING OF THE WATER AND SEWER DISTRICT Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to recess from Regular Session to hold a meeting of the New Hanover County Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. .. L Chairman 0' Neal recessed the meeting at 2: 00 0' clock P.M. Commissioner Retchin MOVED, Corbett to reconvene to Regular MOTION CARRIED UNANIMOUSLY. SECONDED by Commissioner Session. Upon vote, the Chairman O'Neal reconvened to Regular Session at 2:09 o'clock P.M. COMMITTEE APPOINTMENTS APPOINTMENT OF SUSAN CROUCH, SANDRA OSTRAND, AND ANNE STEVENS TO SERVE ON THE DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to appoint Ms. Susan P. Crouch, Ms. Sandra D. Ostrand, and Ms. Anne W. Stevens to serve three-year terms on the Domiciliary Home community Advisory Committee expiring April l, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. n APPOINTMENT OF CHARLES MINTZ AND DON COOKE TO SERVE ON THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to appoint Mr. Charles E. Mintz and Mr. Don S. Cooke to serve three-year terms on the New Hanover County Industrial Facilities and Pollution Control Financing Authority. The terms will expire on April l, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. LJ r , L I' I I LJ " I \ L.J 1/C3 MINUTES OF REGULAR MEETING, MARCHJ!ll, 1987, (CONTINUED) RATIFICATION OF MS. EDNA M. ELMS TO SERVE ON NURSING HOME ADVISORY COMMITTEE Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to ratify the appointment of Ms. Edna M. Elms by the Nursing Home Advisory Administrators to serve a three-year term on the Nursing Home Advisory Committee. The term will expire April 1, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF KATHERYN KLUTTZ, BENJAMIN BASKERVILL, JOHN C. BIRMINGHAM, AND REBA SALEEM TO SERVE ON THE NURSING HOME ADVISORY COMMITTEE AND REAPPOINTMENT OF MARSHA COOK TO SERVE ON NURSING HOME ADVISORY COMMITTEE Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to appoint Mr. Katheryn Kluttz, Reverend Benjamin H. Baskervill, Mr. John C. Birmingham, and Ms. Reba P. Saleem to serve three-year terms on the Nursing Home Advisory Committee. The terms will expire April 1, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to reappoint Ms. Marsha Cook to serve a three-year term on the Nursing Home Advisory Committee expiring April l, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. REAPPOINTMENT OF JONATHAN BARFIELD, SR. TO SERVE ON THE SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Vice-Chairman Dolan MOVED, SECONDED by Corbett to reappoint Jonathan Barfield, Sr. to Southeastern Economic Development Commission. the MOTION CARRIED UNANIMOUSLY. Commissioner serve on the Upon vote, ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF RESOLUTION SUPPORTING EXPANSION OF STATE PORTS AUTHORITY Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adopt a resolution supporting expansion of the State Ports Authority to be forwarded to state legislators. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XV, Page 14. DENIAL OF FUNDING FOR SHRIMPERoo SPONSORED BY THE COUNTY FOR LEGISLATIVE DELEGATION VISITING WILMINGTON TO ASSESS THE NEEDS OF THE STATE PORTS AUTHORITY Commissioner Retchin stated a legislative delegation will be visiting Wilmington on the dates of May 15, 16, and l7, 1987, to assess the needs of the State Ports Authority. He stated the County could participate in this weekend by sponsoring a shrimperoo on the evening of May 16 at Hugh MacRae Park. Discussion was held on the number of people and cost involved. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to fund a Shrimperoo for the evening of May 16 at Hugh MacRae Park in the amount of $l,200 for the legislative delegation visiting Wilmington. Commissioner Corbett expressed concern for sponsoring a seafood dinner in Raleigh for the legislators on March 31 and another dinner on May 16th. Commissioner Dolan expressed concern for entertaining the group twice. Chairman 0' Neal called for the vote. MOTION DID NOT CARRY AS FOLLOWS: Upon vote, the ftCf MINUTES OF REGULAR MEETING, March 23 1987, (CONTINUED) .. , . Voting Aye: Comm~ss~oner Retch~n Commissioner Barfield Voting Noe: commissioner Corbett Vice-Chairman Dolan Chairman O'Neal DISCUSSION OF FIRE SERVICE RATING Commissioner Corbett stated the county Manager was going to place this item on an agenda for discussion at a later date. .. RECONSIDERATION AND APPROVAL OF FUNDING FOR SHRIMPERoo FOR LEGISLATIVE DELEGATION VISITING WILMINGTON FOR ASSESSMENT OF STATE PORTS NEEDS Commissioner Retchin requested reconsideration of sponsoring a Shrimperoo for North Carolina Legislators visiting Wilmington on the weekend of May 15, l6, & l7, to assess the needs for the State Ports Authority. L After further discussion, commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve funding in the amount of $1,200 for sponsoring a shrimperoo on May l6, 1987, at Hugh MacRae Park for North Carolina Legislators visiting Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Voting Noe: Commissioner Corbett Chairman O'Neal Vice-Chairman Dolan, for the record, stated he reconsidered his decision due the economic benefits gained in New Hanover County by expansion of the State Ports Authority. r- L APPROVAL OF FIREWORKS PERMIT FOR AZALEA FESTIVAL Clerk to the Board, Lucie F. Harrell, stated Mr. Alfred H. McGuire, Chairman of the Legion Stadium Azalea Festival Variety Show, had requested a fireworks permit for a display at Legion Stadium on the evening of April 9, 1987, and a display to be held on the river bank near the Battleship USS North Carolina on the morning of Thursday, April 9, 1987. She stated the certificate of insurance had been received. After discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to approve a fireworks permit as requested. upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF UNPAID BILLS - SEWER SYSTEM SEAGATE Assistant County Attorney Silliman commented on several large, unpaid bills, preferring not to mention names, involving the Seagate area. He requested authority to go to Small Claims Court if necessary to collect payment. After discussion, commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the Assistant County Attorney to proceed to file in Small Claims Court if necessary. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,-- L- .I/~s MINUTES OF REGULAR MEETING, !'fA!iliH 23, 1987, (CONTINUED) ADJOURNMENT commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adjourn. upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman 0' Neal adjourned the meeting at 3: 46 0' clock P.M. ," I LJ Respectfully submitted, ~if~ Lucie F. Harrell Clerk MINUTES OF REGULAR MEETING, APRIL 6, 1987 ASSEMBLY The New Hanover county Board of Commissioners met in Regular Session on Monday, April 6, 1987, at 7: 00 0' clock P.M. in the AsseIllbly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman, John Dolan; Chairman, Nolan O'Neal; county Manager, G. Felix cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. " Reverend Bruce Stanley, Pastor of Oleander and Devon Park United Methodist Church, gave the invocation. ~ APPROVAL OF MINUTES Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to approve the minutes of the special Meeting of March 18, 1987, as presented. upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal 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 person commented: r-----, I ~ Discussion of Flood Problem at Prince George Creek on Blue clay Road Mr. Bobby Flesher, a resident of Blue Clay Road, expressed concern for flooding of Prince George Creek on the south side of his property. He requested the Commissioners to devise some type of flood control plan to address this issue as soon as possible and commented on rapid development such as NorthChase and construction of 1-40 which had increased the flooding problem. He stated he had contacted the Department of Transportation with no assistance being given. After discussion, it was the consensus of the Board to request the Chairman to write the local Department of Transportation for assistance in this matter. APPROVAL OF CONSENT AGENDA Commissioner Corbett questioned Item 12, commenting on the competitive costs of the two bids asking if Cape Fear Paving company complied with grading and materials requested. County Manager Cooper stated the low bidder had been recommended on the basis that all qualifications and specifications had been met.