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1985-07-22 Regular Meeting ~ 928 MINUTES OF REGULAR MEETING, JULY 22, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 22, 1985, at 9:15 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 John Dolan~ Claud O'Shields, Jr.~ Fred Retchin~ Chairman Nolan O'Neal~ County Manager, G. Felix Cooper~ County Attorney, Robert W. Pope~ and Clerk to the Board Lucie F. Harrell. Vice-Chairman Jonathan Barfield, Sr. arrived late. I Chairman O'Neal gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields .to. approve the minutes of. the Regular Meeting- .of .June 17, 1985, with a correction to Paragraph 6, Page 906 substituting State of North Carolina for Region o. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Commissioner O'Shields Chairman O'Neal Absent: Vice-Chairman Barfield Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Special Meeting of June 27, 1985, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal I Absent: Vice-Chairman Barfield Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of July 1, 1985, with the following corrections: (1) State of North Carolina substituted for Region 0 on Page 919~ (2) change in wording under discussion of hospital reorganization to read, RCommissioner Retchin commented on scheduling a work session for discussion of hospital reorganization: on Page 191~ and (3) change of minimum lot size on Castle Hayne Rezoning Page 922 minimum lot width should read," to reduce from 125 feet to 115 feet.R Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. The following persons commented: I Mr. Alan Tiller, Chief of the Ogden Rescue Squad, commented on the current merger of the Ogden Rescue Squad and New Hanover Rescue Squad to become effective August 1, 1985, requesting the Board to grant a new franchise in order to provide this service in the County. He stated Mr. Cooper and some Commissioners had been informed of the merger and that he felt this move will improve rescue service to the citizens of the County. Ilo... I I I 92 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) ARRIVAL OF VICE-CHAIRMAN BARFIELD Vice-Chairman Barfield, arrived at 9:25 o'clock A.M. NON-AGENDA ITEMS (CONTINUED) Commissioner Dolan commended the squads for the merger stating this was a move in the right direction. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to authorize issuance of a new franchise to be pr~pared by the County Attorney and presented for final approval at another meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA County Manager Cooper commented on Item #7, Contract between New Hanover County and Jefferies and Faris Associates, stating the contract had been submitted on the architect's form and presented a contract for approval that been rewritten by the County Attorney. Commissioner O'Shields asked if a decision had been made as to the location of the Social Services Building. County-Manager Cooper stated that no site location had been selected. Mr. Mike Vaughan emphasized the importance of selecting a building site that will be convenient and serviceable to all when building the Social Services Building. After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Barfield to approve the Consent Agenda wi th approval of the new contract presented by the County Manager for Item #7 with a change in wording in Section 1. Scope of Services to read as follows: "which may be built. The following items were approved: CONSENT AGENDA Approval of Report of Collector of Revenue through June 30, 1985, The Commissioners approved the Collector of Revenue Report through June 30, 1985, as presented. A copy of the report is contained in Exhibit Book XIII, Page 16. \. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. A copy of the report is contained in Exhibit Book XIII, Page 16. Consolidated Emergency Medical Services Program The Commissioners adopted a resolution for a consolidated Emergency Medical Services Program for New Hanover County as recommended by the Emergency Medical Services Task Force. A copy of the resolution is contained in Exhibit Book XIII, Page 17. Adoption of Resolution for Acceptance of Offer to Purchase Property Owned Jointly by the City of Wilmington and New Hanover County The Commissioners adopted a resolution accepting an offer from Edward A. Webb and wife, Victoria S. Webb, Anthony B. Williams and E. Edward Nixon and wife, Anna M. Nixon, respectively to purchase certain parcels of property for the sum of $4,575. The offers to purchase have been duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XIII, Page 17. 930 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) CONSENT AGENDA (CONTINUED) Adoption of Resolution for Acceptance of Offer to Purchase Property Owned Jointly by the City and County The Commissioners adopted a resolution proposing acceptance of offers to purchase a certain parcel of property for the sum of $1,200. The offer to purchase will be duly advertsied for upset bid. r , A copy of the resolution is contained in Exhibit Book XIII, Page 17.- '- - Acceptance of Proposal by Synthesis Architects Planners for Services - Health Department The Commissioners approved acceptance of a proposal letter from Synthesis Architects Planners for Architectural services for additions to the New Hanover County Health Department. Approval of Contract with Jefferies and Farris Associates - Social Services Building The Commissioners approved a contract presented by the County Manager between New Hanover County and Jefferies and Faris Associates Architects with a change in Section 1. Scope of Services to read .which may be built.. A copy of the contract is on file in the County Manager's office. Award of Contract to Successful Bidder and Authorization of Endorsement of Field Survey if Amount Exceeds $2,500 - Social Services Building The Commissioners approved award of the contract authorizing the County Manager to execute the contract to the successful surveyor in case the contract amount exceeds $2,500 for the Field Survey for the Social Services Building. ,.-- I ~ -,~ Ratification of Appraisal Contract Amendments - ADAP-07 Land Acquisition Project - Airport The Commissioners ratified amendments to the appraisal contract with Mr. Joe Robb and Mr. John Hooten to accomplish additional appraisals and review work necessary to complete the land acquisition project at the New Hanover County Airport. Approval of New Terminal Complex Site Preparation Agreement for AIP-02 Project - Airport The Commissioners approved an agreement between Soil and Material Engineers, Inc. and New Hanover County in the amount of $11,465 for geotechnical services for the New Terminal Complex Site Preparation at New Hanover County Airport. Adoption of Resolution Authorizing Rental Agreement and Approval of Lease Agreement for Property at 216 North Second Street The Commissioners adopted a resolution authorizing the County Manager to enter into a rental agreement with Schaeffer Buick, Inc. and to execute a lease to the property at 216 North Second Street for a term of six months at $1,800 rental per month with approval of the lease agreement between Schaeffer Buick, Inc. and New Hanover County. r-'" A copy of the resolution and lease agreement is contained in Exhibit Book XIII, Page 18. Approval of Destruction of Records - New Hanover County Library The Commissioners authorized destruction of Library records as requested by the Director. A copy of the list is on file in the Clerk's office. I I I 93. MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) CONSENT AGENDA (CONTINUED) Authorization for Execution of Grant Award for Juvenile Justice and Delinquency Prevention The Commissioners authorized the Chairman to execute the Notice of Grant Award for Juvenile Justice and Delinquency Prevention in the amount of $9,485 funding a portion of the Crisis Line/Open House Program which is operated by Cape Fear Substance Abuse Center. Award of Bid to Crown Packaging Corporation - Print Shop The Commissioners awarded the low bid in the amount of $10,144.64 to Crown Packaging Corporation for various Print Shop supplies. Approval of Sewer Allocation Transfer from Bradley Condominiums to Air1ie Office Complex The Commissioners approved transfer of 1,000 gallons of sewer allocation from Bradley Condominiums to Airlie Office Complex as recommended by County Engineer, Wyatt Blanchard. Annual Certification of Firemen The Commissioners authorized the Chairman to execute the Annual Certification of Firemen for the N. C. Firemen's Pension Fund for Seagate Volunteer Fire Department and Myrtle Grove Fire Department. Copies of the rosters are contained in Exhibit Book XIII, Page 18. Report of Budget Amendment Approved at Budget Hearings on May 22, 1985 - Sheriff's Department The following budget amendment was approved during Budget Hearings on May 22, 1985 and is being reported for entry into the record. 85-369 - Sheriff's Department - Jail Contingencies Groceries Debit $30,000 Credit $30,000 Budget Amendment approved by County Manager The following Budget Amendment was approved by the County Manager and is being reported for entry into the record: 414 - Human Relations Contingencies Travel - Human Relations Debit $950 Credit $950 Budget Amendment Reported for Entry in the Record From Previous Meeting The following Budget Amendment was approved at a previous meeting and is being reported for entry into the record: 85-437 - CBA Programs CBA Grants Cape Fear Substance Abuse - CBA Therapeutic & Big Buddy - CBA Youth Help - CBA Debit $2,454 Credit $1,000 854 600 Approval of Budget Amendment for Cape Fear Technical Institute The Commissioners approved the following Budget Amendment for Cape Fear Technical Institute to contract with a security agency for part time security services: Unappropriated Fund Balance Contractural Services Debit $30,000 Credit $30,000 932 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) DISCUSSION OF MINIMUM SECURITY JAIL FACILITIES Judge Gilbert Burnett commented on the overcrowded jail problem stressing the importance of solving this situation before it becomes more critical. He commended the Commissioners for addressing this problem at this time requesting consideration of the Board to renovate the old Agriculture Extension Building into a minimum security jail facility. Judge Jackie Morris-Goodson commented on the waiting list of offenders to serve jail time requesting consideration of the minimum security jail facility in order to enforce the sentences that have been administered by the 9ourts. r l Judge Elton Tucker commented on the overcrowded conditions and the need for a facility urging consideration of a full time facility not just a weekend facility. He stated through fines and court costs the operational expenses could be minimized. Commissioner Retchin asked if it would be feasible to impose a fine on persons utilizing the facility to pay for the costs involved. Judge Tucker explained that all fines go to the school system and possibly an agreement could be made between the County and School System for reimbursement of these funds through a cut back on the general allocations made annually. Commissioner Retchin commented on the prison population providing assistance in construction work of the jail facility, thereby defraying some of the costs involved. Judge Burnett stated this could be arranged. Sheriff McQueen gave facts and figures on the jail population emphasizing the need for a solution to this problem. He stressed the importance of immediate relief. ,..... I I I County Manager Cooper stated he had received notification that the County would received approximately $50,000 from the State through an act of the General Assembly from fees charged for revocation of drivers' licenses in 1984/85. He recommended using these funds for renovation of the Agriculture Extension Building with an additional $32,800 from Contingences stating construction work could begin tomorrow. He also commented on a request for support of House Bill 1234, "An Act to Establish the North Carolina Correctional Facilities Finance Authority" which will have the power to issue revenue bonds through the State Treasurer's office with bond proceeds going to county jails and state prison projects. l_ After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to fund the renovation of the Agriculture Extension Building into a minimum security jail facility by allotting $32,800 from Contingencies, $50,000 from DUI anticipated revenues for a total of $82,800 for construction of the facility. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to forward a resolution to the House Corrections Committee encouraging passage of House Bill 1234 in the Short Session of 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. r- I l _ A copy of the resolution is contained in Exhibit Book XIII, Page 19. REPORT OF GOVERNMENTAL UNITS CONSOLIDATION STUDY COMMISSION Ms. Karen Gottovi, Chairman of the Governmental Uni ts Consolidation Study Commission, appeared before the Commissioners with a report on the findings of the committee. She introduced the following members of the committee expressing appreciation for their hard work and many hours given in the preparation of this report: I I I 93: MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) GOVERNMENTAL UNITS CONSOLIDATION COMMITTEE REPORT (CONTINUED) Mr. James H. Bordeaux Mr. LeRoy L. Little Mr. Meares Harriss Reverend James Finley Mr. Frank Carter ~~ Ms. Rachel Freeman Mr. Frank Ballard Speriff Joe McQueen Captain G. M. Vallender Ms. Ann Russell Mr. James E. Whitted The Commissioners expressed appreciation to each member for their time and effort in preparing an excellent report. Ms. Gottovi gave background information on the report stating an Executive Summary Report had been published which summarizes the report and was available in Assistant County Manager's office. The recommendations of the Committee were: (1) that all five governmental units should be consolidated into one new government; or ( 2) if this is not the desire of the beach communities, the County and City of Wilmington should consolidate into one government with the report reflecting recommendations as to how the beach communities should interact with a consolidated Wilmington/New ~anover County. She expressed appreciation to the County Commissioners for funding the committee, and she expressed appreciation to the County Manager and staff for their cooperation and assistance, and for providing the committee with Ms. Sandra Martin as corrdinator who had done an outstanding job. Ms. Gottovi, on behalf of the Committee, recommended appointment of a Charter Commission. After discussion, it was ,the ,consensus of the Board to hold a Work Session on September 9, 1985, at 9:00 A.M. in the Assembly Room for discussion of consolidation and to schedule a Public Hearing for September 30, 1985, at 7:00 P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF TAX ADMINISTRATOR Commissioner 0' Shields MOVED, SECONDED by Commissioner Retchin to reappoint Mr. Roland Register as Tax Administrator in order to comply with an agreement between the City and County. Upon vote, ,the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF MINIMUM HOUSING CODE Commissioner O'Shields commented on the Standard Housing Code, Section 3--Minimum Standards for Basic Equipment and Facilities, expressing concern for the restrictive measures of this section explaining he was more concerned about a code that would provide for habitable shelters rather than a code that could create neighborhood conflicts. After a lengthy discussion of the various sections of the Standard Housing Code and the cost of implementation, County Manager Cooper recommended establishing a time frame that would coincide with the 1986 budg~tary process and the selection of a com m i t tee to s t u d Y the i s sue tho r 0 ugh 1 y. b r in gin g b a c k recommendations to the Board. After discussion, it was the consensus of the Board to form an Ad Hoc Study Committee with recommendations being presented within the next 60 days. The County Manager, Inspections Director, and Planning Director are to work with this committee. Chairman O'Neal volunteered to select the committee. ~34 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) DISCUSSION OF PROPOSED POLICY STATEMENT FOR DRAINAGE CONTROLS FOR NEW DEVELOPMENT Planning Director Hayes gave background information on the proposed Drainage Control Policies for new development stating two public hearings had been held with significant review and input from drainage engineers, developers and local professionals. He recommended adoption and implementation of the following policies and actions: He emphasized the importance of timing since the County is in the process of installing the sewer system which will open new areas for development. r-" I l _ 1. Place more emphasis on drainage control for the protection of those natural resources in the public trust that are of high economic and ecological value to the County. These resources include finfish and shellfish estuarine habitat and groundwater. 2. Develop a single comprehensive set of drainage regulations that specifically state objectives and design criteria that can be applied equally to all types of development while requiring adequate maintenance. The existing County Sedimentation and Erosion Control Ordinance w0uld be an excellent ordinance to modify for this purpose. ' 3. Provide adequate manpower and resources to administer and enforce the above drainage regulations. The recently created position of County Drainage Engineer will be of considerable help, assuming that the Engineer does not become overwhelming entangled in solving existing drainage problems. 4. Create a Technical Committee to assist the Drainage Engineer in developing the drainage regulations. This committee, which would help assure the development of balanced and comprehensive regulations, would be composed of the following: ,..- -One representative each from the Soil Conservation Service and the County Engineering, Health, and Planning Departments, plus -One local drainage engineer, landscape architect and a representative from a local environmental group. 5. Develop a Technical Specifications Manual that would provide detailed information on materials and structure designs. This Manual would greatly help developers and would streamline the drainage plan review process. It would be similar to other manuals prepared by Wilmington and Greenville. 6. Require that all of the above be completed before hook- ups are allowed under phase one of the County Sewer System. Development will likely intensify and potential drainage problems increase once the sewer system begins to eliminate present septic systems constraints in wet areas. Planning Director Hayes recommended adding a representative from the City of Wilmington to the Technical Committee. ,.- I I L _ County Manager Cooper explained the County no longer had a Drainage Engineer position due to the high annual salary required for qualified persons. He stressed the complexities of this issue stating he and the County staff would work with the Technical Committee to the best of their ability, but he felt a consultant with engineering, drainage and policy experience should be hired. Commissioner 0' Shields MOVED to draft a request for proposals to be forwarded to Engineering firms based upon the Planning Board's policies asking for recommendations and costs involved in a drainage policy. The MOTION FAILED due to not receiving a second. I I I 9 3 ~ MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) DISCUSSION OF PROPOSED DRAINAGE CONTROLS STATEMENT (CONTINUED) After further discussion, County Manager Cooper suggested asking for requests for proposals for a drainage consultant to study the presented document with recommendations for approaching this problem. After further discussion, Chairman O'Neal MOVED, SECONDED by Commissioner Dolan to adopt the policies presented by the Planning Board deleting Item #6, recognizing the County does not have a Drainage Engineer, and establishment of a Technical Committee with an increase in members to include representation from the developers and City of Wilmington; requesting the County Manager and County Staff to work with this committee in studying this problem. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner O'Shields MEETING RECESSED FOR LUNCH AND RECONVENED IN 5TH FLOOR CONFERENCE ROOM FOR JOINT MEETING WITH AIRPORT COMMISSION Chairman O'Neal recessed the meeting for lunch and reconvened the meeting in the 5th Floor Conference Room for a joint meeting with the Airport Commission. Airport Commissioners present were: Chairman Paul E. Gregory; Vice-Chairman, Lawrence Murray; and Thomas Tinney. Mr. Steve Reiss, Project Manager, presented the final schematic plans stating contracts had to be signed by August 26, 1985, in order to receive FAA funding before the end of the Federal Fiscal Year on September 30, 1985. Mr. Reiss updated the County Commissioners on the design of the terminal building, site preparation, request for proposals for terminal restaurant/lounge and status of the MBE program. After discussion of having to call 'Special Meetings for execution of various documents, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to authorize the County Manager, on behalf of the County Commissioners, to execute documents and contracts as recommended by Howard Needles Tammen & Bergenoff before the August deadline with approval of the Legal Department and subject to final approval by FAA. Commissioner Dolan commented on the proposed changes by the Federal Government in airport security stating he hoped this aspect had been taken into consideration in the design of the building. Mr. Reiss updated the Commissioners on the design development stage and flexibility to adapt to the required security measures stating these will be incorporated in the design phase. He also commented on recent requests by Piedmont Airlines for a baggage curbside check-in system and 10 additional feet of ticket counter space stating no final confirmation had been received. A discussion was held on preparing proposals to be submitted to interested concessionaires in the restaurant/lounge of the new terminal complex. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to request HNTB to prepare a Work Authorization for cost of preparing and submitting proposal packages soliciting bids for submission to perspective tenants for the restaurant/lounge area of the new terminal. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Reiss updated the boards on the progress of the Minority Business Enterprises Program stating things were moving well. 936 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) JOINT AIRPORT MEETING (CONTINUED) A discussion was held on construction management of the new terminal project. Airport Manager Shackelford recommended this be accomplished on a contract basis for the entire project. County Manager Cooper commented on the need for a resident engineer, office clerk typist and various inspectors on the site. After Qiscussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to request HNTB-TCA to prepare a Wor~ Authorization proposal for cost of HNTB serving as on site project m~nager to be brought back for approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,-.- I I l _ DISCUSSION OF FEDERAL AVIATION ADMINISTRATION'S DECISION DENYING RELEASE OF PROPERTY REQUESTED BY THE COUNTY - R & E ELECTRONICS County Manager Cooper stated he had received notification from the Federal Aviation Administration denying the County's request to sell the acreage requested by Mr. Edward Mayorga of R & E Electronics. After discussion, it was the consensus of the Board to accept and not appeal the decision of the Federal Aviation Administration. MEETING RECESSED AND RECONVENED IN ASSEMB~Y ROOM Chai~man O'Neal recessed the meeting at 1:45 o'clock P.M. to be reconvened in the Assembly Room. Vice-Chairman Barfield. reconvened the meeting at 1:50 o'clock P.M. in the Assembly Room due to the late arrival of Chairman O'Neal and Commissioner Dolan. COMMITTEE APPOINTMENTS APPROVAL FOR JAN MORGAN TO CONTINUE SERVICE ON THE AIRPORT COMMISSION Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to allow Jan Morgan to continue service on the Airport Commission until ,further notification of her plans to remain in the Wilmington area. Upon vote, the MOTION CARRIED AS FOLLOWS: I l _ Voting Aye: Commissioner Retchin Commissioner O'Shields Vice-Chairman Barfield Absent: Chairman O'Neal Commissioner Dolan APPOINTMENT OF GEORGE H. CHADWICK, III TO SERVE UNEXPIRED TERM ON THE WILMINGTON/NEW HANOVER INSURANCE ADVISORY COMMITTEE Commis s ioner Retchin MOVED, SECONDED by Commi s s ioner O'Shields to appoint Mr. George H. Chadwick to fill the unexpired term of Mr. Larmar McIver expir ing June 8, 1986, on the Wilmington/New Hanover Insurance Advisory Committee. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Commissioner O'Shields Vice-Chairman Barfield ~ i l _ Absent: Commissioner Dolan Chairman O'Neal APPOINTMENT OF MARY E. HATCHER ~O SERVE ON THE NEW HANOVER COUNTY COUNCIL ON THE STATUS OF WOMEN Commissioner Retchin MOVED, ,SECONDED by Commissioner O'Shields to appoint Ms. Mary E. Hatcher to serve a three-year term on the New Hanover County Council on the Status of Women expiring June 1, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield 9 3 ~ MINUTES OF REGULAR ~ETING, JULY .22, 1985 (CONTINUED), COMMITTEE APPOINTMENTS (CONTINUED) APPOINTMENT OF MARY HATCHER TO COUNCIL ON THE STATUS OF WOMEN (CONTINUED) I Absent: Commissioner DQlan ~ Chairman O'Neal APPOINTMENT OF ALAN D. WATSON TO SERVE ON THE MUSEUM BOARD OF TRUSTEES Commissioner Retchin MOVED, SECONDED by Commissioner O'Shie1ds to appoint Mr. Alan D. Watson to serve a three-year term on the ~riseum Board of Trustees expiring June 30, 1988. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Commissioner O'Shields Vice-Chairman Barfield Absent: Commissioner Dolan Chairman O'Neal APPOINTMENT OF ROBERT HENRY TO BOARD OF HEALTH Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to appoint Mr. Robert Henry to the Board of Health in the General Pu~lic Category. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield I Absent: Commissioner Dolan Chairman O'Neal ARRIVAL OF COMMISSIONER DOLAN AND CHAIRMAN O'NEAL Commissioner Dolan and Chairman O'Neal arrived at 2:00 o'clock P.M. REAPPOINTMENT OF BEA CLEMMONS AND JAMES SABELLA TO NEW HANOVER PLANNING COMMISSION After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to reappoint Ms. Bea Clemmons and Dr. James Sabella to serve three-year terms on the New Hanover County Planning Commission expiring July 31, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF LEROY L. LITTLE TO SERVE ON THE PORT, WATERWAY AND BEACH COMMISSION Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to appoint Mr. Leroy L. Little to serve a three-year term on the Port, Waterway and Beach Commission expiring July 6, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. I REAPPOINTMENT OF IRIS TODD AND APPOINTMENT OF DARRYL LANGLEY AND PATRICIA HUGHES TO THE NURSING HOME ADVISORY COMMITTEE Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to reappoint Ms. Iris Todd to serve a three-year term expiring April 7, 1988, on the Nursing Home Advisory Committee and to appoint Mr. Darryl Langley to a three-year term expiring July 22, 1988, and to appoint Ms. Patricia Hughes to serve an unexpired term expiring April 7, 1987, on the Nursing HO!lle Advisory Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS CHANGE OF MEETING DATE Commissioner Retchin requested a change of date in the regularly scheduled meeting of September 16, 1985, to September 23, 1985, because of a Jewish Holiday. 938 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) CHANGE OF MEETING DATE (CONTINUED) It was the consensus of the Board to change the' meeting date from Septermber 16 to September 23, 1985. DISCUSSION OF ANNUAL CONFERENCE OF NATIONAL ASSOCIATION OF COUNTY COMMISSIONERS HELD IN ORLANDO, FLORIDA Commissioner Retchin presented a report of the various activities he attended at the Annual Conference. He commented on a session held with reference to restructuring of a hospital which had failed and because of this failure the hospital regrouped and established a "for profit" corporation as an offshoot of their foundation, the object being they could go into profit making ventures to fund the foundation which in turn funds the hospital. He stated this was an interesting concept and might be a topic for discussion when the hospital work session is scheduled. ,..- i ! l _ Chairman O'Neal commented on discussing the hospital reorganization with Mr. Bill Ritter, a financial consultant particularly in the area of hospitals, stating he would like for the Board to hear his opinions on the reorganization plan. It was the consensus of the Board to have Chairman O'Neal'to schedule a time for Mr. Ritter to appear before the Commissioners. ADOTPION OF RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR VOTES AND MEMBERS EXCUSED FROM VOTING Commissioner Retchin presented a resolution concerning votes and members excused from voting requesting approval by Board. Commissioner Barfield questioned the wording of "direct indirect" in Paragraph 3 stating many interpretations could read into this statement. TIE tie the r""'" or be l -- Commissioner O'Shields stated only the individual could determine a conflict of interest which is a judgment call stating then it becomes a question of trust and honor among members of a board. , Commissioner Retchin stated he felt the only difference between the State Resolution and resolution presented was the question of whether the individual would make a determination of a conflict of interest or whether the Board would have the responsibility of making this determination. He stated he felt the Board should not have this responsibility. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to adopt the resolution presented. The floor was opened for discussion. Commissioner O'Shields commented on Paragraph 3 stating he did not feel the Board had the privilege to take away his right or any other member's right to be denied the right to speak. He presented a disclosure statement that he had filed when running for the Senate-stating that if each Commissioner was willing to fill out this statement, he would being, willing to support this resolution. ,-.-, I After discussion, Commissioner Retchin amended his motion by changing the resolution with deletion of Paragraph 3 and rewording Pa~agraph 2 to read as follows: "Members Excused from Voting. Members of the Board of Cpmmissioners should not vote upon questions which may involve their own financial interest, direct or indirect, or their official conduct.D Commissioner Dolan SECONDED the amended motion. L ~ Chairman O'Neal called for a vote on the amended motion. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 19. 93 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) ADOPTION OF RESOLUTION FOR TIE VOTES AND MEMBERS EXCUSED FROM VOTING (CONTINUED) I After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to study the Disclosure Statement and place thi s item on the agenda within 30 days f or further discussion. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF ADDITIONAL POSITIONS FOR SHERIFF'S DEPARTMENT Sheriff McQueen appeared before the Commissioners requesting three additional Telecommunicator I positions and one Secretary V position in order to comply with the Fair Wage and Labor Standards Act which has placed a severe strain on manpower for the 911 Center. He stressed the importance of response time in receiving and dispatching emergency vehicles. He stated the Secretary V position was requested in order to relieve the Division Commander of paperwork which is requiring night and weekend work. Sheriff McQueen also requested 12. deputy positions for Rookie School since the school was to begin August 5, 1985, stating the County only pays for books for persons selected to attend with no one being placed on the payroll until after completion of the school. I After a lengthy discussion, it was the consensus of the Board to commit to the purchase of books for up to 12 persons to attend Rookie School with no guarantee of hiring xhese persons or approving additional positions until a formal proposal has been submitted reflecting the budgetary impact, justification and need for the deputy positions. After further discussion on the utilization of overtime and establishment of new positions, it was the consensus of the Board to request the County Manager to prepare a proposal reflecting justification and budgetary costs for approval of the requested Secretary and Telecommunicator I positions to be presented at the next meeting. DISCUSSION OF REQUEST FOR PURCHASE OF PRIVATE SEWER SYSTEMS OWNED BY BILL DOBO County Manager Cooper stated he had been approached by Mr. Bill Dobo for consideration of the County to purchase his sewer systems' both the collection lines and force mains. Mr. Dobo requested the County to appraise the systems presenting a figure for purchase. County Manager Cooper stated, after discussion with County Engineers, Ed Hilton and Wyatt Blanchard, he recommended the purchase, of these systems from revenues the systems are currently generating with no required County funding. He requested authorization to submit proposals from utility appraisers. I Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to authorize the County Manager to request proposals from utility appraisers to be brought back for approval. REQUEST FOR PURCHASE OF 1982 CHEVROLET BY OGDEN RESCUE SQUAD County Manager Cooper stated the Ogden Rescue Squad would like to purchase a 1982 Chevrolet requesting authorization of private sale through General Statute 160A-267. Commissioner Retchin MOVED, SECONDED by Chairman O'Neal to authorize private sale through a resolution to be published once after its adoption with no sale being consummated until 10 days after publication. Upon vote, the MOTION CARRIED UNANIMOUSLY. 940 MINUTES OF REGULAR MEETING, JULY 22, 1985 (CONTINUED) DISCUSSION OF PUBLIC HEARING FOR FIRE SERVICE DISTRICT After discussion, it was the consensus of the Board to hold the Public Hearing on July 23, 1985, at 7:00 o'clock P.M. as scheduled even though a Fire Service District cannot be established due to public notification procedures required by passage of the new law GS 153A-309.2. ,.-. , . ADOPTION OF RESOLUTION FOR CONDEMNATION OF PROPERTRY SEWAGE COLLECTION AND DISPOSAL SYSTEM Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to authorize the County Attorney to proceed with condemnation for acquiring certain properties for public purpose of providing a sewage collection and disposal system for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. l.~ Copies of the resolutions are contained in Exhibit Book XIII, Page 20. APPROVAL OF ANNUAL CERTIFICATION OF FIREMEN FOR WINTER PARK VOLUNTEER FIRE DEPARTMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the Certification Roster for the N. C. Firemen's Pension Fund for the Winter Park Volunteer Fire Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the roster is contained in Exhibit Book XIII, Page 20. ADJOURNMENT Commissioner Dolan MOVED, SECONDED Commissioner Barfield to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,..- Chairman O'Neal adjourned the meeting at'3:50 o'clock P.M. r)Bp.e~~~ed' ~e F. Harrell Clerk MINUTES OF PUBLIC HEARING, JULY 23, 1985 ASSEMBLY The New Hanover County Board of Commissioners held a Public Hearing at 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina for public input on the establishment of a Fire Service District in New Hanover County. Members present were: Commissioners John Dolan; Fred Retchin; Claud O'Shields, Jr.; Vice-Chairman Jonathan Barfield, Sr.; Chairman Nolan O'Neal; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. o Chairman O'Neal called the meeting to order wecloming all persons present. County Manager Cooper gave background information on the establishment of a Fire Service District in New Hanover County. He stated at a previous meeting, the County Commissioners published a notice to hold a Public Hearing on Tuesday, July 23, 1985, at 7:00 P.M. to set up a Fire Service District. At this time, the amount of the tax that could be levied in the Fire District could not exceed $1.50 per $100 valuation. He stated at a Special Meeting on June 12, 1985, with the Fire Inspections Committee, the County Commissioners agreed to introduce a local