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HomeMy WebLinkAbout1987-04-06 Regular Meeting .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. 1/~t; MINUTES OF REGULAR MEETING, APRIL -6, 1987, (CONTINUED) Conunissioner Corbett questioned Item 115, asking for background information on CCAir, Inc. County Manager Cooper stated CCAir was a conunuter airline contracted by piedmont to provide conunuter flights between Wilmington, Raleigh, and Atlanta starting April 15, 1987. Conunissioner Corbett questioned Item 1112, asking about the feasibility study on telephones. County Manager Cooper stated the proposed amendment changed the invoice date only to the N. C. State University TACIT Agreement. r- After discussion, Conunissioner Barfield MOVED, SECONDED by Conunissioner Corbett to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. L.- CONSENT AGENDA Adoption of Resolution for Addition of Portion of Roads to the State Maintained Secondary Road System The Conunissioners adopted a resolution adding the following portion of roads to the State Maintained Secondary Road System: A portion of Spring Branch Road and Manchester Drive in Kings Grant and Spring View Subdivisions (Division File 11548-N) A copy of the resolution is contained in Exhibit Book XV, Page 15. Award of Contract to Cape Fear Paving company for Phase II and III of Kings Grant Park The Conunissioners awarded the contract to the low bidder, Cape Fear Paving Company, in the amount of $9,303 for grading, placement of marl, and paving of multipurpose court areas in Kings Grant Park. r- Award of Contract to McCall's Hurricane Fence Company for parkwood Recreation Area The Conunissioners awarded the contract to the low bidder, McCall's Hurricane Fence company, in the amount of $3,876 to install sideline and backstop fencing on the ballfield located in parkwood Recreation Area. L- Approval of Change Order 114 - East Ramp Access Road - New Hanover County Airport The Conunissioners approved Change Order 114 increasing Prime Constructors' contract by $78,075.30 for the East Ramp Access Road Schedule I paving with approval of the following Budget Amendment: 87-00000209 Airport Debit Credit Airport Improvement Project-03 contingencies $78,076 East Ramp Access Road General Contract $78,076 Approval of Standard Airline Contract with CCAir, Inc., d/b/a/ Piedmont Commuter Lease Agreement The conunissioners authorized the Chairman to execute a standard airline contract with CCAir to provide conunuter service between Wilmington, Atlanta, and Raleigh. r-' L_ Acceptance of AIP-05-PSO Grant - New Hanover County Airport The Conunissioners adopted a resolution accepting the FAA grant offer for Public Safety Officer equipment at the Airport in the amount of $47,500 with approval of the following Budget Amendment for the County's match of $2,660. 4i MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) 87-00000212 Airport/Administration Debit credit Airport - Federal Grant Airport - State Grant Transfers $47,500 2,640 2,660 Capital Outlay - Equipment $52,800 i' ~ u A copy of the resolution is contained in Exhibit Book XV, Page 15. Approval of Work Authorization 87-l - Engineering Services - New Hanover County Airport The conunissioners approved Work Authorization 87-1 for Professional Engineering Services at the Airport in the amount of $348,995. Approval of Contract with Yelverton/Architect PA for Professional Services - Courthouse Renovation The Conunissioners authorized the Chairman to execute a contract with Yelverton/Architect PA in the amount of $15,000 for design of acoustics and equipment for County Conunissioners' meeting room in the renovated Courthouse. r L: Approval of Change Order No. 4 and 5 - Courthouse Renovation II - Security Building Company, Inc. The Conunissioners approved Change Order No. 4 increasing the contract with Security Building Company, Inc. by $24,058.12 for completion of exterior rehabilitation and interior, and Change Order No. 5 increasing the contract in the amount of $6,243 for installing steel lintels, hollow metal frames and door in basement with approval of the following Budget Amendment: 87-00000208 Courthouse Renovation Phase II Debit Credit Contingencies General Contract $30,302 $30,302 waiver of Tipping Fee at Landfill for Clean-up Project The conunissioners approved waiver of tipping fee at the Landfill for waste collected from a clean-up project sponsored by the Department of Transportation and Clean Conununity conunission. [ Approval of Grant Application to Children's Trust Fund - Department of Social Services The Conunissioners approved filing a grant application to the Children's Trust Fund in the amount of $49,564 with a County match of $19,812 to continue the latchkey project. Approval of Amendment to N. C. State University TACIT Agreement - Telephone Feasibility Study The conunissioners approved an amendment to the N. C. State University TACIT Agreement Changing the date for the center to invoice from February 27, 1987, to May 30, 1987, for the telephone feasibility study. Approval of Mutual Aid Agreement for Fire Protection The conunissioners authorized the Chairman to execute a Mutual Aid Agreement between New Hanover County; the City of Wilmington; Town of Wrightsville Beach; Town of Carolina Beach; Town of Kure Beach; Brunswick County; Pender County; Castle Hayne Volunteer Fire Department, Inc.; South Wilmington Volunteer Fire Department, Inc.; Federal Point Volunteer Fire Department, Inc.; Myrtle Grove Volunteer Fire Department, Inc.; Ogden Volunteer Fire Department, Inc.; Seagate Volunteer Fire Department, Inc. Winter Park Volunteer Fire Department, Inc. and Wrightsboro Volunteer Fire Department, Inc. , ~~---- 70 MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) an R-20 district stating there are several mobile homes in the general vicinity. He stated the request met the four general requirements. Chairman O'Neal asked anyone present wishing to testimony to step forward to be sworn in by the Clerk. following person was sworn in: give The Ms. Linda Worrell Chairman O'Neal opened the Public Hearing. '1 Chairman O'Neal asked if anyone present wished to speak in favor of issuing the Special Use Permit. The fOllowing person conunented: LJ Ms. Linda Worrell, the petitioner, stated the mobile home would be occupied by her mother and requested issuance of the Special Use Permit. Chairman 0' Neal asked Ms. Worrell if she agreed with the statements presented by the Planning Staff. Ms. Worrell stated she concurred. Chairman O'Neal asked if anyone present wished to speak in opposition to issuance of the Special Use Permit. No one conunented. Chairman O'Neal closed the Public Hearing. After discussion, Conunissioner Barfield MOVED, SECONDED by Conunissioner Corbett to grant the Special Use Permit based on the evidence of the following findings: (1) the proposed use does satisfy the first general requirement listed in the Ordinance; namely that use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) the proposed use does satisfy the second general requirement listed in the ordinance; namely that the use meets all required conditions and specifications; (3) the proposed use does satisfy the third general requirement listed in the ordinance; namely, that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and (4) the proposed use does satisfy the fourth general requirement listed in the ordinance; namely, that the use will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. r L A copy of the Special Use Permit is contained in SUP Book I, Page 27. PUBLIC HEARING TO CONSIDER PROPOSED REVISIONS TO THE MOBILE HOME PARK AND TRAVEL TRAILER ORDINANCE Planning Director Hayes gave background information on the revisions to the Mobile Home Park and Travel Trailer Ordinance stating several public hearings and meetings had been held with the Association of Mobile Home Park OWners. He stated the changes were in lot size, lot width, setback, off-street parking setback; and recreation space. r L Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in favor of the proposed revisions. The following person conunented: Mr. Billy Towles, representing the Association of Mobile Home Park OWners, stated the Planning Staff had been most cooperative in working out revisions that were satisfactory to all. 4 MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in opposition to the revisions. No one conunented. Chairman O'Neal closed the Public Hearing. r' ~ Planning Director Hayes reconunended exempting two current mobile home permit applications, Charter Mobile Home Park and Kings Mill Mobile Home Park, upon adoption of the proposed revisions. conunissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to adopt the proposed revisions as presented amending the New Hanover County Mobile Home and Travel Trailer Park Ordinance effective inunediately with exemption of permit applications now on file. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman O'Neal recessed the meeting for a break from 8:05 o'clock P.M. to 8:15 o'clock P.M. I' PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ZONING, SUBDIVISION, AND MOBILE HOME PARK ORDINANCES WHICH WOULD REVISE THE REVIEW AND APPROVAL PROCEDURES FOR DEVELOPMENT PROPOSALS Planning Director Hayes gave background information on amendments to the Zoning, Subdivision, and Mobile Home Park Ordinances stating basically the proposed changes would eliminate conditional approval for conventional subdivision proposals and allow the Planning Board input into performance and/or high density development reviews and approval. He stated the Planning Staff and Planning Board reconunended approval of the proposed amendments. , u Chairman O'Neal opened the Public Hearing. Chairman O'Neal asked if anyone present wished to speak in favor of the proposed amendments. The following persons conunented: Mr. Paul Foster, a member of the Planning Board, conunented on the importance of the Planning Board have more input into performance and/or high density development reviews. Ms. Ginger Stanley conunented on conditional approval stating when a developer has made an attempt to obtain all responses from the necessary agencies both state and local, and was told by a state agency that a procedure was no longer available, what is the developer to do. She stressed the importance of issuing conditional approval SUbject to approval of all permits by other agencies involved. Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed amendments. No one conunented. " Chairman O'Neal closed the Public Hearing. After discussion, conunissioner Corbett MOVED, SECONDED by Conunissioner Barfield to approve the proposed amendments as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. L.J APPROVAL OF ORDINANCE FOR FLEMINGTON LANDFILL County Attorney Pope gave background information on the proposed ordinance stating the Partial Consent Decree in the Flemington Landfill lawsuit provides that New Hanover County shall implement and maintain institutional controls that regulate (1) the withdrawal of groundwater from the contaminant plume and (2) excavation of the side and areas of contamination associated with the site. He presented the proposed ordinance with a correction to Page 2, Paragraph ---~--, ___ J 72 MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) ( 2) defining the regulated property changing the Northern Boundary from 34 degrees 17 minutes North to 34 degrees 17 minutes, 30 seconds North. After discussion, Conunissioner Retchin MOVED, SECONDED by Conunissioner Corbett to adopt the Ordinance as presented with the corrected change to Page 2, Paragraph (2) to read: 34 degrees 17 minutes, 30 seconds North. MOTION CARRIED UNANIMOUSLY. Upon vote, the r- A copy of the ordinance is on file in the Clerk's office for codification into the County Code. u DISCUSSION OF INSURANCE SERVICE ORGANIZATION RATINGS IN NEW HANOVER COUNTY Mr. Aubrey Rivenbark conunented on insurance ratings in Brunswick County being lower than New Hanover County due to accessibility of water. He stated various procedures are being implemented in New Hanover County to reduce insurance ratings such as placement of fire hydrants on local water systems, lakes, and ponds. He stated the ratings should begin to drop as more emphasis is placed on utilizing all methods possible to provide more water accessibility. Mr. Rivenbark stated the Insurance Service Organization rates fire departments and conunercial property with the North Carolina Rating Bureau establishing rates for homeowners. He stated the ratings for fire departments range from 1-10 with no fire department in the state having a rating of 1. Mr. Rivenbark stated the availability of water is the most importance factor in obtaining a good rating for fire departments. Discussion was held on improving ratings for volunteer fire departments throughout New Hanover County. Mr. Rivenbark stated all volunteer fire departments in the County now have a 9 rating stating with a decrease to 8, insurance rates would be reduced by 20% on wooden homes and 12% on brick homes. He stressed the importance of continuing to implement methods to reduce the current ratings. r- L Mr. Chris Elrod, Fire Marshal, conunented on the importance of fire prevention. He discussed pre-fire planning in order to familiarize firemen with fire hazards in their districts. He stated he was working with the Volunteer Fire Departments and was trying to provide classes for firemen on hazardous materials. Mr. Elrod stated the Volunteer Fire Departments had been most cooperative in working with him on fire prevention. Chairman 0' Neal, on behalf of the Board, expressed appreciation to Mr. Rivenbark and Mr. Elrod for an excellent presentation and the job being done in improving fire protection in New Hanover County. APPROVAL OF AIRPORT TERMINAL BUILDING CONTRACTS REFLECTING ADJUSTMENTS FOR BONDING COSTS Director of Engineering and Facilities, Ed Hilton, requested approval of the following adjustments to contracts on the Airport Terminal Building which reflect addiitonal bonding costs: r- L Miller Building (General) J. J. Barnes (Plumbing) J. J. Barnes (HVAC) Reagan Electric (Electrical) $3,791,791 135,289 39,849 37,730 After discussion, Conunissioner Corbett MOVED, SECONDED by Conunissioner Barfield to approve the adjustments to contracts for bonding costs as presented subject to final .- l__~~__ 4_ MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) approval by FAA on the contracts with MBE/WBE requirements and issuance of notice to proceed by April 15, 1987, with approval of the following Budget Amendment. upon vote, the MOTION CARRIED UNANIMOUSLY. 87-00000211 Airport/Airport Terminal Building Debit Credit fl L Federal Grant Terminal - State Grant Transfer In Bonds Proceeds Contingencies $ 884,548 202,586 1,200,000 1,900,000 169,020 General Contract plumbing HVAC Electrical Engineering Engineering Out-of-Pocket $3,791,791 135,289 39,849 37,730 348,995 2,500 DISCUSSION OF SURCHARGE ON POST, BUCKLEY, scmm, AND JERNIGAN CONTRACT - LANDFILL CELL 113 Director of Engineering and Facilities, Ed Hilton, stated as requested by the Board at the last meeting, he contacted Post, Buckley, Schuh with reference to the 150% surcharge stating this surcharge had been reduced to 116% with a savings of approximately $20,000. I' After discussion, Conunissioner Barfield MOVED, SECONDED by Conunissioner Retchin to authorize the Chairman to execute the contract with the reduced surcharge as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ APPROVAL OF PROJECT ORDINANCE AND PROFESSIONAL SERVICES CONTRACT WITH POST, BUCKLEY, SCHUH, AND JERNIGAN FOR LANDFILL CELL 113 conunissioner Barfield MOVED, SECONDED by conunissioner Retchin to adopt the Project Ordinance and professional services contract with Post, Buckley, Schuh, and Jernigan for Land Fill Cell 113 with approval of the following Budget Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. 87-00000200 Landfill - Cell No. 3 Debit Credit Transfer In $1,176,000 Engineering Contingencies $ 176,000 1,000,000 To establish budget according to Project Ordinance. 87-000002l0 Landfill Debit Credit Appropriated Fund Balance Installment Lease Payments $ 62,000 114,000 " Transfer to Capital Projects $176,000 L.J A copy of the Project Ordinance is contained in Exhibit Book XV, Page 15. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Funding for Hospitality House conunissioner Barfield conunented on a funding request by Hospitality House stating the Board had discussed allocating $25,000 for assistance in paying off the mortgage of Hospitality House if Cape Fear Memorial Hospital and New Hanover County Memorial Hospital were also willing to " ----! 74 MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) provide funding. He stated the hospitals were will to make a conuni tment. Discussion was held on the an actual conunitment by the County for this funding. Chairman O'Neal stated this issue had not been presented to the Hospital Board of Trustees stating he felt both hospitals should carry the major amount of funding. After further Q~scussion, it was the consensus of the Board to defer this request until specific conunitments have been received from both hospitals. " LJ Discussion of Fair Housing Month in April Sponsored by Human Relations Conunissioner Corbett stated the Human conunission has designated April as Fair Housing focus on homeless and disabled persons for main during the coming year. Relations Month with objectives conunissioner Corbett stated the Celebration of Human Relations will be coming year. 25th Anniversary celebrated in the Discussion of Minimum Housing Code and Zoning Enforcement conunissioner Barfield asked if a Minimum Housing Code had been adopted. County Manager Cooper stated the code had not been adopted due to the costs involved. Discussion was held on enforcement of the ordinance pertaining to junk cars. Assistant County Attorney Silliman conunented on the number of violations received and identification of violations. Conunissioner Barfield asked how many employees were involved in making on-site inspections. Mr. Silliman stated there was only one Zoning Enforcement Officer, Ms. Ann Hines, and that she was busy at all times. Conunissioner Barfield reconunended hiring of additional help, if necessary, in order to better assist Ms. Hines in enforcing violations of ordinances. r- L Status of Lease Proposals for social Services Building County Manager Cooper stated offerors of the sites, prices, and buildings had been received, screened and evaluated by a conunittee composed of Assistant County Manager, Mary Gornto; Director of Social Services, Wayne Morris, Director of Engineering and Facilities, Ed Hilton; John Jeffries, and himself. He stated negotiations were currently being held with an offeror who had an excellent background and this proposal would be presented to the Board of Social Services on April 7, 1987. He stated, however, when the issue was presented to the Conunissioners, all offers received, sites and prices would be presented for a final decision. Discussion of Tree Ordinance Chairman 0' Neal conunented on a county-wide Tree Ordinance which was discussed at the last LegiSlative Coordinating Council meeting. He stated this problem was being resolved and one ordinance would be drawn that would include the County and all municipalities. r- L ADDITIONAL ITEMS - COUNTY MANAGER Approval for Requests for Proposals for Architect - New Hanover County Museum County Manager Cooper requested authorization to request proposals for selection of an architect for the New Hanover County Museum expansion. --~-- , 4~ MINUTES OF REGULAR MEETING, APRIL 6, 1987, (CONTINUED) After discussion, it was the consensus of the Board to authorize the County Manager to proceed with requests for proposals for an architect for the museum project. EXECUTIVE SESSION County Attorney Pope requested convening from Regular Session to Executive Session in order to discuss a pending litigation matter. r' conunissioner Barfield MOVED, Retchin to convene to Executive MOTION CARRIED UNANIMOUSLY. SECONDED by conunissioner Session. Upon vote, the I ~ Chairman O' Neal convened to Executive Session at 9: 36 o'clock P.M. conunissioner Barfield MOVED, SECONDED by conunissioner Retchin to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened to Regular Session at 9:51 o'clock P.M. ADJOURNMENT conunissioner Barfield MOVED, SECONDED Corbett to adjourn. Upon vote, the UNANIMOUSLY. by conunissioner MOTION CARRIED Chairman 0' Neal adjourned the meeting at 9: 52 0' clock P.M. I' L ctLtd~ Lucie F. Harrell Clerk I' , I U