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1985-08-05 Regular Meeting ~42 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 5, 1985, 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 John Dola~; Claud 0' 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 Barfield was absent due to b~ing out-of-town. Reverend Daniel B. O'Leary, Pastor of All Saints Episcopal Church, gave the invocation. I 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 person commented: Mr. Mike Vaughan commented on selection of a site for construction of the Social Services Building. He also commented on receiving a reply f rom the Chairman on the court case involving Caneel Cove. Chari man O'Neal stated he would respond to the request. APPROVAL OF CONSENT AGENDA Commissioner Retchin MOVED, 0' Shields to approve the following vote, the MOTION CARRIED AS FOLLOWS: SECONDED by Commissioner Consent Agenda items. Upon Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchi~ Chairman O'Neal I Absent: Vice-Chairman Barfield CONSENT AGENDA Adoption of Resolution Awarding Bid to NalGo Chemical Company - for Waste Heat Boiler Water Treatment Services - Engineering Department The Commissioners adopted a resolution awarding the low bid to Nalco Chemical Company in the amount of $22,246.59 for Waste Heat Boiler Water Treatment Services. A copy of the resolution is contained in Exhibit Book XIII, Page 21. Approval of Capital Project Ordinance - and Budget Amendment - Souths ide Jr. High/Middle School The Commissioners approved a Capital Project Ordinance and Budget Amendment for the Souths ide Jr. High/Middle School as follows: I 86-00000016 Debit Credit Bond Proceeds $170,000 Southside, Jr. High/Middle School Architect Fees Contingencies $160,590 9,410 A copy of the Capital Project Ordinance is contained in Exhibit Book XIII, Page 21. ...... 943 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Request for Rejection of Bid - Telephone System - Health Department The Commissioners authorized rejection all bids and deposits received for the Telephone System at the Health Department. I Approval of Request for Acceptance of Institute of Museum Services Grant Award The Commissioners authorized acceptance for the Institute of Museum Services Grant Award in the amount of $27,740. Approval of Budget Amendment - Bellamy School Addition The Commissioners approved the following Budget Amendment to increase the Capital Project Budget to include the construction of the Bellamy School Addition: 86-00000015 Debit Credit Bond Proceeds $260,000 Bellamy School Addition Architect Fees General Contractor Electrical Contractor HVAC Contractor Plumbing Contractor ,Contingencies $ 9,635 182,961 11,349 35,581 10,990 9,484 I Approval of Budget Amendment - Sheriff's Department - DWI Testing The Commissioners approved the following Budget Amendment in the ~mount of $15,756 to budget unexpended grant funds for FY85/86: 86-00000014 - Sheriff - DWI Testing Debit Credit Highway Safety Grant $15,756 DWI Chemical Testing Salaries Social Security Retirement - Law Enforcement Medical Insurance Expense Printing Departmental Supplies Insurance & Bonds $9,951 1,800 1,542 500 464 999 500 APPROVAL OF REQUEST FOR ITEM 110 TO BE REMOVED FROM THE AGENDA Commi ssioner 0' Shields requested removal of Item' # 1 0, Public Hearing to consider a recommendation by the Planning Board for a Zoning Text Amendme~t amending Section 23-80 by defining "Roads: and Section 65, Structures to Have Access, from the agenda as requested in his memo prior to the meeting. I Chairman O'Neal asked if there was anyone present who wished to speak on this item. No one commented. After discussion, it was the consensus of the Board to withdraw this item until further information had been furnished by the staff. 944 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) DISCUSSION OF PROPOSED GUN ORDINANCE Chairman O'Neal welcomed all persons present requesting each speaker to be as brief as possible. He stated the present ordinance was not enforceable: consequently, a new ordinance had been written addressing this problem. The present ordinance was read. The proposed ordinance was read. The following persons spoke in opposition to the proposed ordinance stating it was entirely too rigid and discriminating to hunters, requesting the County Commissioners not to act on the proposed ordinance. ,.. I I l Mr. Jimmy Godley Mr. Robert Nepergal Mr. Art Talhelm Mr. Alan Gold Mr. Herman Buck Mr. W. H. Burrell The following persons commented on the need for a Gun Ordinance in New Hanover County for the safety of its citizens requesting adoption: Mr. David Mitchell Mr. Dan Grady Mr. Paul Glisson Mr. Frank Richardson Commi ssioner 0' Shields expres sed concern for the extreme measures written into the ordinance stating he felt an ordinance could be written to provide safety for persons living in subdivisions and at the same time accommodate hunters. He stated he would like to refer the ordinance back to the County Attorney's office for further study addressing the problems of improper use and mishandling of firearms in New Hanover County. After a lengthy discussion of the proposed ordinance, it was the consensus of the Board to refer the ordinance back to the Legal Department for further study working with Sheriff McQueen and representatives of the Riflemen's Association and hunters to be rewritten providing authority for law enforcement and addressing the problems of improper use and mishandling of firearms in New Hanover County. Mr. Tony Williams, a Wildlife Officer for New Hanover County and a portion of Pender County, commented on the fact that New Hanover County is the only county in the state that does not have a hunters' program in the school system. ,He stated he is teaching a Parent/Child program on safe handling of firearms at Lanier's Sporting Goods on Thursday and Friday nights at 7:00 P.M. BREAK Chairman O'Neal recessed the meeting for a break from 8:12 o'clock P.M. to 8:27 o'clock P.M. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners on Monday, August 5, 1985, at 7:00 o'clock P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina to consider the following: ,. i I PUBLIC HEARING TO CONSIDER NAMING A PRIVATE ROAD ON THE PROPERTY OF TAKEDA CHEMICAL PRODUCTS USA, INC. TO TAKEDA DRIVE Planning Director Hayes gave background information on the naming of the private road stating the Planning Staff recommended approval. """"ll 945 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER NAMING OF PRIVATE ROAD TO TAKEDA DRIVE (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in favor of or in opposition to the street naming. No one commented. I Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to name the private road to Takeda Drive as recommended by the Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield 21. A copy of the order is contained in Exhibit Book XIII, Page PUBLIC HEARING TO CONSIDER REZONING TWO PARCELS ON THE NORTHSIDE OF OLEANDER DRIVE APPROXIMATELY 231 FEET EAST OF GREENVILLE LOOP ROAD TO B-1 BUSINESS FROM R-15 RESIDENTIAL .~ Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval. He requested approval by the Commissioners if there was no one present to speak in opposition to the request. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. I Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve the rezoning as recommended by the Planning Board and Planning Staff. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED DECEMBER 15, 1969," is contained in Zoning Book I, Section 2, Page 18. PUBLIC HEARING TO CONSIDER REZONING A PORTION OF A PARCEL ON THE SOUTHS IDE OF EASTWOOD ROAD EAST OF AND ADJACENT TO PLAZA EAST TO B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIAL Commissioner O'Shields asked to be excused from voting or discussion of this item due to the fact that he had a client that was interested in this property prior to the initiation of the rezoning. I Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to accept Commissioner O'Shields' request to abstain from voting. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Chairman O'Neal Abstaining: Commissioner O'Shields Absent: Vice-Chairman Barfield 946 MINUTES OF REGULAR MEETINGr AUGUST 5r 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING A PORTION OF A PARCEL ON THE SOUTHS IDE OF EASTWOOD ROAD EAST OF AND ADJACENT TO PLAZA EAST TO B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Board and Planning Staff recommended approval. He recommended approval if there was no one present to speak in opposition to the request. r Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No one commented. Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to accept the recommendation of the Planning Board and Planning Staff for approval of the rezoning request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: " Commissioner Dolan Commissioner Retchin Chairman O'Neal Abstaining: Commissioner O'Shields Absent": Commissioner Barfield A copy of ~n "ORDINA~CE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 15, 1969," is contained in Zoning Book I, Section 2, Page 19. PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 3.8 ACRES ON THE SOUTHEAST SIDE OF MARKET STREET NORTH AND SOUTH OF MIDDLE SOUND ROAD TO B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information ,on the rezoning request stating the Planning Board and Planning Staff recommended that Parcel #3 also be included in the request. He recommended approv~l of the request. r \ Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: Mr. Harry Hamilton, representing Mr. Coleman, stated the owner was planning to clean up the abandoned vehicles and that he felt the best use for the property was commercial requesting approval of the' B-2 Highway Business zoning. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner 0' Shields to approve the rezoning request as recommended by the Planning Board which includes Parcel #3. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal I' I Absent: Vice-Chairman Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 7, 1972," is contained in Zoning Book I, Section 8B, Page 21. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTHS IDE OF CHAIR ROAD APPROXIMATELY 400 FEET EAST OF THE TERMINUS OF CHAIR ROAD Planning Director Hayes gave background information on the request stating the four general requirements had been met. """"II 947 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON CHAIR ROAD (CONTINUED) Chairman O'Neal asked anyone present wishing to give testimony to step forward to be duly sworn in. The following person was sworn in: I Mr. Jimmy Brown Chairman O'Neal asked if anyone present wished to speak in favor of issuing the Special Use Permit. The following person commented: Mr. Brown, the petitioner, stated he wanted use the mobile home to live in and that he concurred with the statements and presentation by the Planning Staff. Chairman O'Neal asked if anyone present wished to speak in opposition of the request. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit for placement of a mobile home on the souths ide of Chair Road. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield I A copy of the Special Use Permit is contained in SUP Book I, Page 6. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO MODIFY SPECIAL USE PERMIT S-166, CAROLINA INLET MARINA, TO ALLOW THE USE OF EXPANDED ~OAT BASIN FOR COMMERCIAL MARINA PURPOSES Planning Director Hayes gave background information on the modification of the Special Use Permit stating the general requirements had been met and that the basin had already been constructed. He stated the basin was originally designed to serve Inlet Watch Condominiums but the desire to sell slips to outside parties has prompted a need for a Special Use Permit. Chairman O'Neal asked if anyone present wished to speak in favor of the modif ication of the Special Use Permit. The f9110wing person commented: Mr. Phil Byrnes, the petitioner Mr. Byrnes stated he concurred with the statements and presentation by the Planning Staff. Commissioner Dolan commented on the importance of having a Zoning Enforcement Officer to avoid situations of this type. Mr. Cooper stated a Zoning Enforcement Officer had been hired and would be on board within the next month. I After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to approve the modification of the Special Use Permit with the condition that night lighting be installed as per the specifications proposed by the developer. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield A copy of the Special Use Permit is contained in SUP Book I, Page 7. 948 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE AN 18 SPACE MOBILE HOME PARK ON THE EAST SIDE OF SYCAMORE STREET, NORTH OF LYNN AVENUE IN CASTLE HAYNE ON APPROXIMATELY EIGHT ACRES Planning Director Hayes and Planner Avery gave background information on the request stating application had been made to the County Health Department for septic tank suitability review. He stated all requirements had been met except for the drainage plans. Planning Director Hayes stated a letter had been received from the County Health Department approving septic tanks for Lots 1-12 only. r I Chairman O'Neal asked anyone present wishing to give testimony to step forward to be duly sworn in. The following persons were sworn in: Mr. Marty KaIner Mr. T. R. KaIner Mr. J. A. Schlegel Mr. C. F. Meyer Ms. Charlene Pete Mr. Charles Pete Mr. John Lorek Mr. Ronald Dombroski Ms. Mary Blanchard Ms. Leona Hector Mr. Melvin Hector Mr. Elizabeth Kalnan Mr. Tony Dombroski Chairman O'Neal asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following persons commented: r Mr. Marty KaIner, the petitioner, commented on the best use of the property stating he planned to develop a well-maintained trailer park enabling persons who cannot afford homes to place mobile homes in a rural area of the County. He stated the four general requirements had been met and he concurred with the statements and presentation by the Planning Staff with exception to the number of lots approved for septic tanks. He stated he was told by an inspector from the Health Department that IS lots had been approved for septic tanks. Ms. Elizabeth Kalnen, an adjacent property owner, stated she had no objection to construction of the mobile home park. Commissioner O'Shields commented on the density and the possibili ty of septic tank problems expressing concern for the size of lots. Chairman O'Neal asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. The following persons commented expressing concern for the access road, an unimproved right-of-way, and placement of spetic tanks and wells. Ms. Mary Blanchard Mr. John Loreck Mr. Joe Schlegal Mr. Charles Pete Ms. Leona Hector Mr. C. F. Meyer r County Attorney Pope commented on the four findings of fact stating these facts must be supported by substantial evidence stating no substantial evidence had been received on the question of access and there could be a question of ownership. He recommended requesting the petitioner to furnish this evidence. -..... 949 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) PUBLIC HEARING FOR ISSUANCE OF SPECIAL USE PERMIT FOR MOBILE HOME PARK (CONTINUED) After a lengthy discussion, Commissioner O'Shields requested the petitioner to withdraw this plan and resubmit a plan within the next six months based upon 30,000 square feet per lot and addressing the road access question. I After further discussion, Mr. KaIner withdrew both petitions, Item #13 and Item #14, to be resubmitted based on the requested conditions. BREAK Chairman O'Neal recessed the meeting for a break from 9: 53 o'clock P.M. to 9:58 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO EXTEND SPECIAL USE PERMIT 220, 7/84, COMMERCIAL MARINA, LOCATED ON SUMMER REST ROAD (SIX MONTHS) Mr. J. Harold Seagle, Attorney representing Summer Rest Associates, requested an extension of Special Use Permit No. S- 220 7/84 due to the untimely death of Mr. Mobley and the substantial time required in modification of the original plans to acco~odate the conditions imposed by the County Commissioners. Chairman O'Neal asked if anyone present wished to speak in favor of or in opposition to the modification of the Special Use Permit. No one ,commented. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to grant a 6-months extension of the Special Use Permit. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield PUBLIC HEARING TO HEAR AN APPEAL TO REZONE TWO SEPARATE PARCELS LOCATED ON THE NORTH AND SOUTH SIDES OF WRIGHTSVILLE AVENUE, WEST OF STOKELY ROAD FROM R-15 RESIDENTIAL TO 0-1 OFFICE AND INSTITUTION Planning Director Hayes and Planner Avery gave background information on the appeal stating the Planning Board denied the rezoning request with some movement to rezone the northside of Wrightsville Avenue.east of Plaza East to B-1 but leave the areas south of Wrightsville Avenue zoned R-15. However, the final decision was denial since the Planning Board felt the property owners on the northside of Wrightsville Avenue should be polled about their feelings on commercial zoning. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: I Mrs. F. L. Parnell, the petitioner, requested rezoning of the property, stating she and her husband were unable at their age to maintain and keep the property. She presented a signed petition of persons in favor of the rezoning. She respectfully requested consideration of the Board for approval of the request. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. Chairman O'Neal expressed concern for the property being located within the Airlie Road Plan stating the zoning should remain residential. 950 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) PUBLIC HEARING TO HEAR APPEAL TO REZONE TWO SEPARATE PARCELS LOCATED ON WRIGHTSVILLE AVENUE AND WEST OF STOKELY ROAD FROM R-15 TO 0-1 (CONTINUED) Commissioner, Dolan commented on the amount of property in this area already commercially zoned MOVING to approve the rezoning request from R-IS to O-I. Upon vote, the MOTION CARRIED AS FOLLOWS: r Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Voting Noe: Chairman O'Neal Absent: Vice-Chairman Barfield A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 2 NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER IS, 1969," is contained in Zoning Book I, Section 2, Page 20. ADOPTION OF RESOLUTION ESTABLISHING TAX RATE FOR FIRE SERVICE DISTRICT IN NEW HANOVER COUNTY Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt a resolution establishing a tax rate not to exceed IS cents per $IOO of property subject to taxation in a Fire Service District in New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal r A f th 1 t" Absent: Vice-Chairman Barfield copy 0 e reso U lon is contained in Exhibit Book XIII, Page 22. Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to establish a Task Force composed of eleven mempers to implement and establish governing rules for the proposed Fire Service District including procedures for requesting, budgeting, and allocation of funds. The Committee is to be composed of eleven members selected as follows with a completion date of their proposal no later than November 4, 1985, for presentation to the County Commissioners before the Public Hearing. - The eight volunteer fire departments will select five members from five volunteer fire departments. - The County Commissioners will select five members from the general public. - All fire districts will have at least one representative but no one department will have more than two. - The eleventh member shall be a County Commissioner recommending Commissioner Dolan to serve on this committee. r I I l Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield DISCUSSION OF DISCLOSURE STATEMENT Commissioner O'Shields commented on the Disclosure Statement presented at the previous meeting. -.... 951 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) DISCUSSION OF DISCLOSURE STATEMENT (CONTINUED) Commissioner Retchin stated he would like to simplify the statement suggesting the following changes: I -Disclosure of Business and Employment Relationships for Elected and Appointed County Officials including the spouses and dependents living in New Hanover County. - Show all firms in which engaged as a Director, Officer, Owner, Partner or Employee. - Show all ownership of Real Estate (other than your personal residence located in New Hanover County) stocks, bonds or debentures or indebtedness of any type which have a fair market value of $5,000 or more. -list each creditor or any client you paid for services in the fiscal year in the amount of $5,000 or more individually or collectively. -This information shall be kept current and updated as necessary. Commissioner Dolan made a SUBSTITUTE MOTION, to adopt the Disclosure Statement presented by Commissioner O'Shields in its entirety. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. I Commissioner O'Shields made a SUSTITUTE MOTION to table this issue for further discussion on the August 19 meeting. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. After a lengthy discussion of the impact on elected and appointed officials in requiring a Disclosure Statement of this type, Commissioner Retchin amended his previous requirements and MOVED, SECONDED by Commissioner Dolan, after failure of his substitute motion, to adopt the following Disclosure Statement: -Disclosure of Business and Employment Relationships For New Hanover County Commissioners, Spouses and Dependents. -Show all firms in which engaged as a Director, Officer, OWner, Partner or Employee -Show all ownership of Real Estate (other than personal residence) in New Hanover County -This Disclosure Statement shall be kept current and updated as necessary. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield APPROVAL OF LETTER OF AGREEMENT WITH JET STREAM FOR RENTAL OF A PORTION OF THE EAST RAMP - NEW HANOVER COUNTY AIRPORT . County Manager Cooper presented a Letter of Agreement with Jetstream for rental of a portion of the East Ramp on a temporary basis for the purpose of tying down aircraft. County Attorney Pope stated the Lease Agreement should be drafted and adopted with approval of the Legal Department. Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to approve the agreement subject to the approval of the County Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: 952 MINUTES OF REGULAR MEETING, AUGUST 5,' 1985 '(CONTINuED) APPROVAL LETTER AGREEMENT (CONTINUED) JET STREAM - NEW HANOVER 'COUNTY Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal r Absent: Vice-Chairman Barfield ADDITIONAL ITEMS - COUNTY COMMISSIONERS DISCUSSION OF LETTER FORWARDED TO HNTB BY COUNTY MANAGER Commissioner Dolan commented on the letter written by County Manager Cooper to HNTB expressing concern for requesting a change in the designation of the Airport Staff to the County Manager and Ed Hilton, Director of Engineering and Facilities, as lias on between the owner and the contractor asking why this contract was amended without informing the Commissioners. County Manager Cooper stated the letter was an error in judgment on his part. He stated on every County construction contract as of this date, the County Engineer or County Manager had been the liason between the owner and the contractor. He stated he was not aware of the provision written into the contract since he was having by-pass surgery at this time, and upon discovery he amended the contract without permission of the County Commissioners stating the Board would have to decide if he was to be held res~onsible or the 'Airport St~ff. He stressed the importance of having an expert in construction management on such projects, stating Ed Hilton was highly qualified. Commissioner O'Shields commented on the excellent Airport Staff and their capabilities of running and managing the Airport as a County Department stating they, however, were not capable of constructing the new terminal. He stated this capital project would required the expertise of the County Manager and County Engineer. r \ After 'a leng'thy discussion of the relationship between the Airport Commission, Airport Staff, and County, and the roles of each body, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin for the Airport Commission to remain as an Advisory Board with approval of the amendment of the contract with HNTB as recommended by the County Manager. , ~ "'" Commissioner Dolan MOVED, to request the Chamber of Commerce to appear before the Commissioners with a formal presentation' of their studies and findings on the administration of the New Hanover County Airport and to invite the Airport Commission and Airport Manager to expres's their opinions as to what direction the Airport should take giving everyone an opportunity to discuss the matter. Chairman O'Neal stressed tne importance of limiting the powers of the Airport Commission since they are appointed to serve three year terms stating the County Manager and staff are hired as experts to handle construction projects and make major decisions concerning the Airp?rt or any other County Departments. After further discussion, Chairman O'Neal called for a SECOND on the SUBSTITUTE MOTION made by Commissioner Dolan. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman O'Neal called for a vote on the MOTION by Commissioner O'Shields to leave the Airport Commission as an Advisory Board and amend the contract with HNTB as recommended by the County Manager. Upon vote, the MOTION FAILED DUE TO NOT RECEIVING A MAJORITY VOTE AS FOLLOWS: ....... 953 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) DISCUSSION OF LETTER WRITTEN TO HNTB (CONTINUED) Voting Aye: Commissioner O'Shields Commissioner Retchin I Voting Noe: Commissioner Dolan Chairman O'Neal Absent: Vice-Chairman Barfield After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the amendment to the contract with HNTB as requested by the County Manager designating the County Manager and County Engineer as lead agents for the construction project. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner Dolan Absent: Vice-Chairman Barfield DISCUSSION OF ALLEGED THEFT AT AIRPORT A discussion was held on an alleged theft at the Airport. The County Attorney advised against identification of the person involved or further discussion until the matter had been investigated by the Personnel Department, Legal Department, and Sheriff's Department. I DISCUSSION OF SCHEDULING A MEETING FOR DISCUSSION OF THE HOSPITAL REORGANIZATION Commissioner Retchin expressed concern for the delay in scheduling a meeting for addressing the hospi tal matter. Chairman O'Neal stated he felt no time limit should be set for such an extremely complicated issue. He stated he would like to bring in some consultants knowledgeable in hospital management giving them adequate time to study the reorganizaiton plan. He requested 'direction of the Commissioners in the amount of money to be allocated for this purpose. After discussion, it was the consensus of the Board to request Chairman O'Neal to prepare a list of consultants with their resumes and experience, submitting the costs involved for approval within the next 30 days. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF TRANSFER OF MINORITY ENTERPRISE PROJECT COORDINATOR County Manager Cooper requested the transfer of the Minority Enterprise Project Coordinator position from Human Relations to Personnel to establish an Affirmative Action Officer position to monitor the Minority Business Enterprises Program and assist Personnel in maintaining and complying with affirmative action laws. He stated the request had been made by the Personnel Director and that he recommended approval. I Commissioner Dolan expressed concern for grant funding for a position asking what happens when the grant funds run out? County Manager Cooper stated he felt this position needed to be established and would be of benefit to the County. 954 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) APPROVAL OF MINORITY ENTERPRISE PROJECT COORDINATOR (CONTINUED) After discussion, Commissioner OlShields MOVED, SECONDED by Commissioner Retchin to approve the transfer with the position being filled by an employee in the Minority Enterprise Project Coordinator position ~stablishitig an Affitmative Action Officer who will monitor the Minority Business'Enterprises Program at the recommended salary of $18,644. Upon vote, the MOTION CARRIED AS FOLLOWS: r I Voting Aye: Commissioner O'Shields Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner Dolan '. Absent: Vice-Chairman Barfield NON-ACCEPTANCE OF OFFER OF SURPLUS SCHOOL BUILDINGS County Manager Cooper stated a letter had been received from the New Hanover County School offering the County the use of Dudley Elementary School and Peabody Elementary School. He stated the General Statutes require an offering of the buildings to the County for use before the School Boa~d can negotiate for further use. After discussion, Commissioner O'Shields MOVED, SECONDED by Chairman O'Neal to notify the School System that the County has no use for the buildings. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield APPROVAL OF GRASSROOTS ARTS FUNDS GRANT Commissioner O'Shields MOVED, SECONDED by Commissioner Do~an to accept the Grassroots Arts Funds for the Department of Aging Services. Upon vote, the MOTION CARRIED 'AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield ACCEPTANCE OF AWARD OF TITLE III FUNDS - DEPARTMENT OF AGING SERVICES Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to accept the Title III funds for the Department of Aging authorizing the Chairman to execute the documents. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield """"III 955 MINUTES OF REGULAR MEETING, AUGUST 5, 1985 (CONTINUED) APPROVAL OF DREDGING PROJECT - IDEAL CEMENT PROPERTY Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin for approval of the amended contract with Ideal Cement property to allow the Corps of Engineers to deposit spoil on their property. Upon vote, the ~OTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield DISCUSSION OF ADMINISTRATIVE FEES - IN REM FORECLOSURE County Attorney Pope commented on recovering part of the administrative costs from taxpayers In-rem foreclosure by charging a fee of $50 when the judgment is docketed and another fee of $50 when the decision is made to execute the action. He stated at present, delinquent taxpayers are given preferential treatment at the expense of all taxpayers. Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve administrative fees being charged. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal Absent: Vice-Chairman Barfield I DISCUSSION OF ,SAWYER VS NEW HANOVER COUNTY SUIT Commissioner O'Shields asked Assistant Attorney Silliman if Item #10 on the Agenda should be withdrawn until this court case is settled. Attorney Silliman stated the main question was whether the Commissioners wanted to continue to represent the Zoning -Board of Adjustments stating he did not feel this was necessary. Commissioner O'Shields expressed concern for making a decision before the Court had ruled on the matter. After discussion, it was the consensus to wait before considering a Zoning Text Amendment amending Section 23-80 by defining "Roads: and Section 65, Structures to Have Access. ADJOURNMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to adjourn the meeting. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal I . Absent: Vice-Chairman Barfield Chairman 'O'Neal adjourned the meeting at 3:48 o'clock P.M. Respectfully submitted, n2~.\~7'~ ~ F. Harrell Clerk.