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1988-08-01 Regular Meeting ~ 22.8 MINUTES OF REGULAR MEETING, AUGUST 1, 1988 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 1988, at 7:00 o'clock P.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.; Vice-Chairman, Fred Retchin; Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the meeting to order. I INVOCATION AND PLEDGE OF ALLEGIANCE Reverend E. J. George gave the invocation. County Attorney, Robert W. Pope, led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to approve the minutes of the Regular Meeting of June 20, 1988; Regular Meeting of July 5, 1988; Continued Meeting of July 7, 1988, and Special Meeting of July 12, 1988 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. POSTPONEMENT OF FILLING VACANT SEAT ON BOARD OF COUNTY COMMISSIONERS Chairman O'Neal stated the County Commissioners are charged with the responsibility of appointing a qualified Republican to fill the unexpired term of deceased Commissioner, John M. Dolan. He asked the Commissioners if they were ready to make an appointment tonight stating many well qualified Republican I candidates have contacted the Commissioners expressing a desire to serve on the Board. The following names were listed: Mr. Bill Taylor Mr. Wilbur Bryant Mr. Willard Buffkin Mr. Robert Kendrick Mr. ,Robert Greer Mr. E. L. Mathews (the candidate recommended by the New Hanover County Republican Executive Committee) Commissioner Barfield emphasized the importance of appointing the best qualified Republican candidate and requested postponement of this appointment, if legally permissible, in order to further familiarize himself with persons desiring to fill the vacant seat. County Attorney Pope stated as required by the General Statutes, the New Hanover County Republican Executive Committee has recommended a candidate, Mr. E. L. Ma thews, to fill the unexpired term; however, the Commissioners do not have to accept the Committee's recommendation and are granted authority to appoint any qualified Republican candidate within 60 days or by August 29, 1988. After that period of time, if the appointment I has not been made by the Board of Commissioners, the Clerk to the Board is required to notify the Clerk of Court who is required by General Statutes to make the appointment within 10 days. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to defer making an appointment to fill the vacancy until August 15, 1988, in order to hear presentations from interested Republican candidates. ~ I I I MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) ,., ,2,29 Vice-Chairman Retchin requested Commissioner Barfield to name specifically what candidates were to make presentations before the Board of Commissioners. He asked if any qualified Republican candidate was being invited to make a presentation or the candidate recommended by the Republican Party and perhaps another candidate. Commissioner Barfield stated Commissioner Corbett had indicated perhaps the Board should consider the appointment of Mr. Robert G. Greer; however, he felt in fairness to all candidates interested, any qualified Republican candidate should be given an opportunity to make a presentation. After further discussion, Commissioner Barfield AMENDED THE MOTION, SECONDED by Commissioner Corbett to schedule a Special Meeting on August 15, 1988, at 7:30 P.M. to hear presentations from any qualified Republican candidate desiring appointment to fill the unexpired term on the New Hanover County Board of Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present would like to speak on an issue not listed on the Regular Agenda or listed on the Consent Agenda. The following person commented: Mr. Dewey Scott, Operator of the Starway Drive-In Theater Flea Market, requested the Commissioners to rescind the $25 privilege license fee being charged to Flea Market vendors by New Hanover County. He expressed concern for vendors being charged a $25 fee by both the City and County stating surrounding cities and counties elected not to impose this fee. After discussion, it was the consensus of the Board to request the County Manager to place this item on the Agenda for Monday, August 15, 1988. APPROVAL OF CONSENT AGENDA Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Authorization for Chairman to Write Letter of Endorsement Supporting Resolution by Pender County Board of Conunissioners Requesting the U. S. Corps of Engineers to Stabilize Topsail Inlet The Commissioners authorized the Chairman to write a letter of endorsement to the Pender County Board of Commissioners supporting their effort to request the Army Corps of Engineers to continue dredging activities at Topsail Inlet in order to stabilize the inlet. ~ Approval of Closing a Portion of Kidder Street Between Sixteenth and Seventeenth Streets in City of Wi~ington The Commissioners approved a request to close a portion of Kidder Street between Sixteenth and Seventeenth Streets as requested by the City of Wilmington since the County is an adjoining property owner and must approve the proposed closing. Adoption of Resolution For Deletion of State Road 1677, Marine Science Road from the State Secondary Road System The Commissioners adopted a resolution requesting the North Carolina Department of Transportation, Division of Highways, to delete State Road 1677, Marine Science Road, from the State Secondary Road System. A copy of the resolution is contained in Exhibit Book XVI, Page 28. ~ MINUTES OF REGULAR MEETING, AUGUST 1, 1988 ( CONTINUED) 23,0 Approval for Continuation of Lease Space at Glen Meade Shopping Centre - New Hanover County Health Department The Commissioners approved a request to continue space at the Glen Meade Shopping Centre to house the Department Staff during second floor construction of the Department building with approval of the fOllowing Amendment: leasing Health Health Budget 89-0018 Non-Departmental Debit Credit Non-Departmental Contingencies $11,000 o Health Department/Administration Rent $9,600 Property Management Utilities $1,400 Transfer of funds necessary for renting space to house Health Department staff during construction period. Will cover expenses for FY 1988/89. Adoption of Resolution Awarding Contract to W. R. Grace Company for New Hanover County Steam Generation Facility Water Treatment Program The Commissioners adopted a resolution awarding the contract to W. R. Grace Company, Grace Dearborn Division, Winston-Salem, North Carolina, in the amount of $14,848.20 for a Water Treatment Program. The Chairman was authorized to execute the contract subject to approval by the County Attorney. A copy of the resolution is contained in Exhibit Book XVI, Page 28. Acceptance of Enrichment Grant From LSCA and Approval of Budget Amendment The Commissioners approved acceptance of the 1988-89 LSCA Enrichment Grant in the amount of $13,644 and approved the following Budget Amendment to purchase equipment and furniture to partially furnish the new mid-south branch library: o 89-0019 Library Debit Credit LSCA Enrichment Grant $13,644 Capital Outlay - Equipment $13,644 PRESENTATION OF RETIREMENT PLAQUE TO WILLIAM E. WOOD Chairman O'Neal, on behalf of the Board, presented a retirement plaque to Deputy Sheriff William E. Wood for 13 years and 3 months of service with the New Hanov~r County Sheriff I s Department. He wished Mr. Wood a healthy and happy retirement. PRESENTATION OF PLAQUE TO FINANCE DIRECTOR ANDY ATKINSON Chairman O'Neal, on behalf of the Board, congratulated and presented a plaque to Finance Director, Andy Atkinson, for receiving a Certificate of Achievement for Excellence in Financial Reporting presented by the Government Finance Officers Association of the United States and Canada. He stated Finance Director Atkinson has won this award for the past eight consecutive years and is to be commended for his outstanding job performance. J PUBLIC HEARING TO CONSIDER APPEAL BY RAIFORD TRASK TO REZONE APPROXIMATELY 120 ACRES ON THE EAST SIDE OF MILITARY CUT-OFF ROAD FROM R-15 RESIDENTIAL TO B-2 BUSINESS Mr. Raiford Trask requested a postponement of this Public Hearing in order to allow him additional time to present other proposals to the Planning Department. I I I MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) -- " .. "". ' a,3j I After discussion, it was the consensus of the Board to hear the Public Hearing since it was continued from the meeting of July 5, 1988. Chairman O'Neal opened the Public Hearing. Planning Director Hayes and Staff Planner Avery presented slides and gave background information on the continued Public Hearing. Director Hayes stated the Planning Board unanimously denied the B-2 rezoning feeling this change would encourage massive strip commercial development and disrupt traffic flow along Military Cut-off Road. Chairman O'Neal asked if anyone present would like to speak in favor of the rezoning request. The following persons commented: Mr. Raiford Trask, Jr., the petitioner, commented on the highest and best use of the land stating the area was large enough to provide excellent buffer areas. He offered to provide an additional traffic lane in order to maintain a good traffic flow if the rezoning request is approved. Mr. George Keenan requested the Commissioners the most desirable zoning for protection of neighborhoods and future commercial development. to consider surrounding Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. The following persons commented expressing concern for the environmental impact on Howe's Creek, disruption of traffic on Military Cut-Off Road, and strip commercial zoning: Mr. Harlee Parker Mr. William Sissen Ms. Janice Mathews Mr. Gene Teterick Dr. Robert Pharr Chairman O'Neal closed the Public Hearing. After discussion of strip commercial Corbett MOVED, SECONDED by Vice-Chairman proposed rezoning request. Upon vote, UNANIMOUSLY. zoning, Commissioner Retchin to deny the the MOTION CARRIED PUBLIC HEARING TO CONSIDER AN APPEAL APPROXIMATELY 67 ACRES NORTHWEST OF BUSINESS FROM R-15 RESIDENTIAL Chairman O'Neal opened the Public BY JIM TEACHEY TO REZONE LONG LEAF ACRES TO B-2 Hearing. Attorney Frank Jackson, representing the petitioners, Mr. Jim Teachey and Raiford Trask, requested continuation of the Public Hearing in order to further review plans for development. After discussion, it was the consensus of the Board to hold the Public Hearing as advertised. Planning Director Hayes and Staff Planner Avery presented slides and gave background information on the rezoning request stating the Planning Board denied the request by a 3 to 2 vote. Director Hayes stated the main concern of the Planning Board was focused on the overall impact of commercial zoning on ingress-egress in Long Leaf Acres and Windemere subdivisions. He stated the Planning Staff recommended approval of the petition feeling ingress-egress could be handled through an extension of Vision Drive along with other access roads from Market Street. Chairman O'Neal asked if anyone present would like to speak in favor of the rezoning request. The following persons commented: Attorney Frank Jackson, representing the petitioners Mr. Jim Teachey and Raiford Trask, Sr., commented on the highest and best -~ ~INUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) ~.32.. use of the property. He presented a map showing adj acent lots stating many adjoining property owners are in favor of the rezoning request. Attorney Jackson also commented on traffic stating commercial use of this property would not create any more traffic than construction of approximately 300 homes nor would the B- 2 zoning devalue surrounding property. He respectfully requested approval of the rezoning request. Mr. George T. Keenan commented on uses permitted in both commercial and residential districts requesting the Commissioners to carefully select the best zoning for this area. Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. The following persons commented expressing concern for traffic, devaluation of property, and protection of surrounding residential subdivisions: n Mr. Ronald DeVoe Mr. John Meeds Mr. William Hiller Mr. William C. Howard, Jr. Ms. Laura McCain Mr. Russell Davis, Jr. Mr. Keith Ogborn Ms. Chris Correale Mr. Jerry Brown Mr. Bill Clark Mr. David Robey Mr. Jim Teachey, the petitioner, gave background information on the previous rezoning request for construction of an auto dealership which was denied by the Planning Board and Board of County Commissioners. He stated since that time he has contacted Mr. Trask who is willing to provide an additional buffer area to protect the surrounding subdivisions, therefore, he would like to n,,, request the Commissioners to defer action on this rezoning until he has had an opportunity to meet with residents of the community to see if the proposed plan can be modified to satisfy all parties involved. Commissioner Barfield asked if the area residents attending the meeting tonight are willing to work with Mr. Teachey and Mr. Trask in drawing up a plan that will be satisfactory to all. Mr. Locklin Lee, a resident of Dallas Drive, stated he would be willing to listen to a compromise if the developers would present a firm plan guaranteeing protection of property values, the right of egress-ingress into their land, and a traffic plan that will protect the safety of their children. Chairman O'Neal closed the Public Hearing. After discussion of Mr. Teachey's proposal, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Retchin to continue the Public Hearing for sixty (60) days to al~ow the property owners and developers to meet and prepare a plan that will be satisfactory to all parties involved. The Planning Staff was instructed to assist the developers and residents in development of the plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL BY MR. N. B. VEREEN TO REZONE APPROXIMATELY 1.7 ACRES EAST OF THE N. C. HIGHWAY 132 AND U. S. HIGHWAY 117 INTERSECTION TO B-2 FROM R-15 RESIDENTIAL Chairman O'Neal opened the Public Hearing. :] Planning Director Hayes and Staff Planner Avery presented slides and gave background information on the proposed rezoning. He stated the Planning Staff recommended approval; however, the Planning Board unanimously denied the rezoning request feeling northern expansion would continue unabated if the request is granted. The Planning Board also expressed concern for access l il ,\ \ ~ I I I MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) 2'3'3 ", since there is difficulty with southern bound traffic on Castle Hayne Road entering the site. Chairman O'Neal asked if anyone present would like to speak in favor of the rezoning request. The following person commented: Ms. Linda Moore, representing the petitioner who was ill, respectfully requested approval of the rezoning request stating this would be the best use for the property. Chairman O'Neal asked if anyone present would like to speak in opposition to the rezoning request. The following person commented: Ms. Marilyn Johnson, an adjacent property owner, expressed concern for location of a business next to her home. Chairman O'Neal closed the Public Hearing. After discussion of no immediate need for commercial zoning in this area, Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to deny the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT FOR ESTABLISHMENT OF A CHILD DAY CARE OPERATION AT MYRTLE GROVE CHRISTIAN SCHOOL LOCATED ON THE SOUTH SIDE OF PINER ROAD Chairman O'Neal opened the Public Hearing. Chairman O'Neal requested anyone present wishing to give testimony to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: Mr. Anthony Register Planning Director Hayes gave background information on the request for granting a Special Use Permit stating the four general requirements had been met. Chairman O'Neal asked if anyone present would like to speak in favor of issuing the Special Use Permit. The following person commented: Mr. Anthony Register, representing Myrtle Grove Christian School, stated due to the expansion of the preschool center the church would like to operate a day care center. He requested approval of the Special Use Permit stating the school has been working with the North Carolina Licensing Bureau to meet all requirements as outlined by the State. Planning Director Hayes asked the petitioner to answer the proposed findings as follows: General Requirement No 1; namely the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 1. Do you concur with the findings that the proposed day care facility would not require any new construction and the existing water supply and septic disposal system is adequate to accommodate the facility with no upgrading. Also, the site has access to Piner Road at two points and is easily accessible by emergency response teams. Mr. Register concurred with the statements presented by the Planning Director under General Requirement No.1. General Requirement No.2; namely the proposed use satisfies all required conditions and specifications. 1. Do you concur with the findings that off-street parking is required at the rate of one (1) space for each employee plus ~ 2'3lJ:1INUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) four (4) spaces for off-street drive-in and pick-up. A large area around the school has been designated for parking use which provides ample parking. The play area is located immediately behind the church sanctuary enclosed by a fence at least four (4) feet in height. All licensing requirements have been taken. The license requested would cover a maximum of thirty (30) children. Mr. Register concurred with the statements presented by the Planning Director under General Requirement No.2. General Requirement No.3; namely the use will not substantially. 0 injure the value of adjoining or abutting property or that the use is a public necessity. 1. Do you concur with the finding that the proposed use of the property is very similar to use currently being conducted on the site. No change in character and general activity would be evident. Mr. Register concurred with statements presented by the Planning Director under General Requirement No.3. General Require No.4; namely that the location and character of the use if developed according to the plan as submitted and approved 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. 1. Do you concur with the finding that the site is currently used for a school and church and that the County is constructing a middle school less than one-half mile away from Piner Road. Mr. Register concurred with the statements as presented by the Planning Director under General Requirement No.4. Chairman O'Neal asked if anyone present would like to speak 0 in opposition to issuance of the Special Use Permit. No one commented. Chairman O'Neal closed the Public Hearing. Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to grant the Special Use Permit as requested since the general requirements have been met. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 34. PUBLIC HEARING TO CONSIDER CLOSING A PORTION OF PERRY ROAD (CONTINUED FROM JUNE 20, 1988 ) Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated after reviewing an old recorded map of 1906 entitled Castle Hayne Colony, it is apparent that 3/10 of an acre is labeled Park. Based on the new findings, the Planning Staff recommends closing the road up to the park area shown on the original map. County Attorney Pope stated after conducting a title n examination the Legal Department has not been able to locate the l.. last record title for Perry Road Park except for the 1906 map. - Chairman O'Neal asked if anyone present would like to speak in favor of or in opposition to the road closing as presented by the Planning Staff. The following person commented: Mr. Ernest Puskas, a resident of Castle Hayne, requested the Commissioners to determine the ownership of the property along the remainder of the road in order to establish bike or nature paths. County Attorney Pope stated the Legal Department would be glad to further investigate the ownership of the property stating \ \ '~ I I I MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) .235 ""1 an offer of dedication by property owners could only be accepted by the County for recreational purposes. Chairman O'Neal closed the Public Hearing. Vice-Chairman Retchin Barfield to adopt an order retaining 326 feet of this possible future park use. UNANIMOUSLY. MOVED, SECONDED by Commissioner closing 1,374 feet of Perry Road dedicated and recorded access for Upon vote, the MOTION CARRIED 28. A copy of the order is contained in Exhibit Book XVI, Page ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF UNNAMED LANE LOCATED IN HARNE'rl' TOWNSHIP ADJACENT TO PARSLEY WOODS AND BAR HARBOR SUBDIVISION Planning Director Hayes presented and requested adoption of a Resolution of Intent to close a portion of an unnamed lane located in Harnett Township adjacent to Parsley Woods and Bar Harbor Subdivision. Vice-Chairman Retchin MOVED, Corbett to adopt the Resolution of vote, the MOTION CARRIED UNANIMOUSLY. SECONDED by Commissioner Intent as presented. Upon A copy of the Resolution of Intent is contained in Exhibit Book XVI, Page 28. ADOPTION OF REVISION TO FEE SCHEDULE FOR NEW HANOVER COUNTY HEALTH DEPARTMENT Health Director, Robert W. Parker, presented a list of changes in the Health Department Fee Schedule stating the proposed increases have been approved and recommended by the New Hanover County Board of Health. Discussi9~1was held on the percentage of increase in fees, particularly&charges for issuing a septic tank permit. Director Parker stated'based on findings of a recent study performed by the State on 'the cost of services rendered by the Environmental Health Staff when issuing a septic tank permit, the total figure amounted to $160. He stated the Board of Health strongly felt the developer should bear the actual cost of the service and increased the fee from $15 to $100. Commissioner Barfield expressed concern for the increase in the septic tank permit fee stating this combined with an impact fee of $375 is becoming quite an individual applying for a permit. proposed increase costly to Director Parker stated the fee was placed on the septic tank permit not the soil evaluation; therefore, a person applying for a septic tank permit will pay only $60 if the soil is unsuitable for issuance of a permit. After discussion of the proposed increase for issuance of a septic tank permit, Vice-Chairman Retchin MOVED, SECONDED by Chairman O'Neal to approve revisions to fee schedules as submitted by the Board of Health with an adjustment to the septic tank permit fee as follows: 1. Increase Septic Tank Permit fee for residential use to $40. 2. Increase Septic Tank Permit fee for non-residential use to $100. 3. Increase the Soil Evaluation for residential use to $60. 4. Increase the Soil Evaluation for non-residential use to $150 plus $50 for each additional 500 gallons per day for Soil Evaluation. Upon vote, the MOTION CARRIED AS FOLLOWS: ~ MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) 236 Voting Aye: Commissioner Corbett Vice-Chairman Retchin Chairman O'Neal Voting Nay: Commissioner Barfield PUBLIC HEARING TO CONSIDER ADOPTION OF BOND ORDER FOR $27,500,000 SOLID WASTE DISPOSAL BONDS County Attorney Pope stated the Bond Order was introduced on July 5, 1988, with a notice being published in a qualified newspaper on July 8, 1988, stating a Public Hearing would be held 0 on August 1, 1988, to receive public comment. A Statement of Debt was filed by the Director of Finance in the Clerk's office showing the net indebtedness of the County to be 1.62% of the appraised valuation of property subject to taxation. Commissioner Corbett MOVED, SECONDED Retchin to open the Public Hearing. Upon CARRIED UNANIMOUSLY. by Vice-Chairman vote, the MOTION Chairman 0' Neal opened the Public Hearing announcing the Board would hear comments from anyone present wishing to address the issuance of the Solid Waste Disposal Bonds. The following person commented: Mr. William Funderburg, a resident of Castle Hayne, requested figures on the cost recovery from the present bond issue on the Steam Plant and co-generation. Director of Engineering & Facilities, Ed Hilton, stated two financing mechanisms were utilized: (1) a 4-year Short Term issue which has been paid; and (2) a 16-year loan. The incurred debt has been approximately $2.3 million per year with $4.4 million in total operations. He stated revenue generated from steam sales is approximately $400,000 per year. o Commissioner Corbett asked how the bond issue would impact upon the County's rating. County Manager Cooper stated the bond issue is presented to credit rating agencies who rate the bond issue not the County. He stated the capability to borrow additional funds for other projects will be reduced; however, the County is far below the required percentage factor. Vice-Chairman Retchin MOVED, SECONDED Corbett to close the Public Hearing. Upon CARRIED UNANIMOUSLY. by vote, Commissioner the MOTION Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to adopt the Bond Order without change or amendment and direct the Clerk to the Board to publish as prescribed by the Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $27,500,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER," introduced at the meeting of the Board held on July 5,1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Corbett to adopt a resolution calling for a Special Bond Election to be held on November 8, 1988, with notice being published. Upon vote, the MOTION CARRIED UNANIMOUSLY. o A copy of the resolution is contained in Exhibit Book XVI, Page 28. APPROVAL OF CONTRACT WITH FINDER SERVICES, INCORPORATED Discussion was held on discovery of funds in the amount of $7,850 by Finders Services, Incorporated who have requested \ \~ I I I MINUTES OF REGULAR MEETING, AUGUST 1, 1988 (CONTINUED) ., :23.7 authorization to represent New Hanover County in recovery action in turn for 25% of monies recouped. Vice-Chairman Retchin MOVED, SECONDED by Chairman O'Neal to enter into a contract with Finders Services, Incorporated to recover $7,850 rightfully belonging to New Hanover County with a fee of 25% of assets recovered. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF ALLEGED INCURSIONS AT NEW HANOVER COUNTY AIRPORT County Attorney Pope gave background information on civil action filed by the United States of America against the New Hanover County Airport in United States District Court seeking a civil penalty of $4,000 for illegal runway incursions in violation of Federal Aviation Regulations. He stated since placement of this item on the agenda contact has been made by the United States Attorney assigned to this case with an agreement to grant the County a 30-day extension to completely investigate these alleged incursions. He requested authorization to accept the 30-day extension. After discussion, it was the consensus of the Board to authorize the County Attorney to accept the 30-day extension as requested. DENIAL OF REQUEST BY THE STATE OF NORTH CAROLINA TO HOST A COMPREHENSIVE HAZARDOUS WASTE TREATMENT FACILITY Vice-Chairman Retchin MOVED, SECONDED by Chairman O'Neal to respond to the request by the State of North Carolina that New Hanover County is not interested in hosting or volunteering to host a comprehensive hazardous waste treatment facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. AWARD OF CONTRACT TO ALL SPAN BUILDING SYSTEMS FOR LANDFILL CONSTRUCTION - CONTRACT B, CELL 13 Commissioner Barfield MOVED, SECONDED by Vice-Chairman Retchin to award the contract to All Span Building Systems in the amount of $101,742 for construction of a force main and pump station at the Landfill, Contract B, Cell #3. The Chairman or County Manager was authorized to execute the contract subject to approval by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. MEETING RECESSED TO HOLD A SPECIAL MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT BOARD Chairman O'Neal convened from Regular Session at 10:29 o'clock P.M. to hold a Special Meeting of the Board of District Commissioners of the New Hanover County Water and Sewer District. Chairman O'Neal reconvened to Regular Session at 10:41 o'clock P.M. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of "No Smoking" Policy In Schools Commissioner Corbett stated a citizen approached him with reference to enforcing the "No Smoking" policy in schools. He stated since the County does not own the schools, who should that person contact. County Manager Cooper stated the Board of Education owns the schools and would be the appropriate body to contact. Discussion was held enforcing the "No Smoking" Policy in buildings that are owned by the County and leased to non-county agencies. County Attorney Pope stated the policy could not be enforced in an existing lease but could be required in a new lease. He stated variances could be granted by the County Manager as specified in the "No Smoking" Policy. Discussion of Catering for the Coastline Convention Center Commissioner Corbett requested Assistant County Manager, Mary Gornto, to update the Commissioners on the latest action ~ 2 3 8-tINUTES OF REGULAR MEETING, AUGUST 1, 1988 ( CONTINUED) taken by the Coastline Convention Center in hiring one individual to perform catering services. Assistant County Manager Gornto, stated the Coastline Convention Center did advertise for a single caterer; however, as of this date no final selection has been made. She stated the Committee is studying the advantages and disadvantages of selecting one caterer in lieu of multiple caterers with a decision being made within the next week. Discussion of Open House for Renovated Courthouse and Cape Fear 0_ Coast Convention & Visitors Bureau, Inc. Vice-Chairman Retchin asked if the Open House planned for the Renovated Courthouse could coincide with the Open House planned for the Cape Fear Coast Convention & Visitors Bureau, Inc. Assistant County Manager, Mary Gornto, stated Jane Peterson attended the meeting when the Open House was planned and was agreeable with the date selected; however, she may have plans of her own. Scheduling Joint Meeting with Wilmington City Council 1 Clerk to the Board, Lucie F. Harrell, stated Mayor Betz had contacted the office recommending the date of August 30, 1988, for scheduling a joint meeting between the Wilmington City Council and New Hanover County Board of Commissioners. It was the consensus of the Board to schedule a joint meeting with the wilmington City Council on August 30, 1988, at 8:30 A.M. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 11:59 o'clock P.M. o Respectfully submitted, Cf:F~:~ Clerk to the Board ~ l~: l~" '~