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Home My WebLink About1985-09-03 Regular Meeting -.... 969 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 3, 1985~rat 7:00 o'clock P.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, No~th'Carolina. I Members present were: Commissioners John Dolan; Claud O'Shields, Jr.; Fred Retchin; 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. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting, August 5, 1985, with a change in the adjournment time. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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 presented a statement to the Commissioners requesting a "yes or no" answer to the following question: "Does the policy of the Commissioners~ endorse the legal staff's preventing case-s~ being 'heard on their merits rather than being blocked by the staff's\~nterposing legal technicalities which make it too expensive for citizens to pursue appeals outlined by the New Hanover County Ordinances? If not endorsed does the Commission policy preclude these activites?" After' discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin t9 answer "yes" to the question as presented by Mr. Vaughan supporting the action taken by the Court. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Vice-Chairman Barfield Commissioner O'Shields Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner Dolan Commissioner Dolan expressed concern for not hearing cases based on their'merits, stating certainly the Board would not establish a policy of this nature in the future. Vice-Chairman Barfield stated a decision had been made by the Court in the Caneel Cove case suggesting that Mr. Vaughan appeal to the Court not the County Board of Commissioners. I Mr. David Craig commented on the issuance of permits for fishermen to use 3-wheel vehicles 'onlMasonboro Island asking if this item was going to be placed on the agenda. After discussion, Commissioner Dolan r.ecommended "cr6rit'acting the Sheriff and scheduling a field trip for the Commissioners' to visit Masonboro Island before taking' -any action~ ::-.. ( (. [ APPROVAL OF CONSENT AGENDA Mr. William"Funderburg commented on Consent Agenda Item.;#8~ stating no cost figure was indicated. County Manager Cooper stated the Work Authorization 85-15 for Talbert, Cox & Associates was not to exceed $3,500. After further discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. ....... 970 MINUTES OF REGULAR MEETING, SEPTEMB~R~J 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CONSENT AGENDA Approval of Contract for Underground Petroleum Storage Tank - Ogden Rescue Squad The Commissioners approved a contract with Braswell Equipment Company for an underground petroleum storage tank for Ogden Rescue Squad authorizing the Chairman to execute the documents. r I I Acceptance of N. C. Humanities Committee Grant Agreement - Museum The Commissioners approved acceptance of a grant in the amount of $1,000 to assist in the implementation of "Common Threads: Quilts as Social and Artistic History" from the N. C. Humanities Committee authorizing the Chairman to execute the documents. Approval of Proposal for Construction of Additional Public Parking Spaces - Airport The Commissioners approved a proposal by Republic Parking Systems for construction of addi tionaJ'I public parking spaces at New HanR.y~r.. .Co::U:l)~Y :AirlPo;r:t. . "', , >, ~.,. Approval of Budget Amendment - Airport The Commissioners approved the following Budget Amendment to adjust the budget to cover additional charges for surveying: 86-00000031 Airport - AIP02 Federal Grant State Grant Operating Transfer In Surveying Debit $3,452 192 192 Credit $3,836 r I i Approval of Budget Amendment - Health/WIC The Commissioners approved the following Budget Amendment to budget additional State funds received for WIC: 86-00000036 Health/WIC State WIC Revenue Automobile Allowance Telephone Postage M & R - Equipment Printing Departmental Supplies Travel, Meetings & Sch901s Debit $2,988 114 Credit $ 500 30,0 156 522 1,098 526 Approval of Change Order .~l for Eng~~e; Generator Project (ADAP- 05/06) - Airport , ') . The Commissi~~ers ~pproved Ch~nge~Order #1 to the Barnes & Powell Electrical Company contract adding 168 calendar days to the contract without changing the amount for the Engine Generator Project (ADAP-05/06) at the New Hanover County Airport. Approval of HNTB Work Authorization 85-2 - Airport The Commissioners approved HNTB Work Authorization 85-2 for General Advisory Services, Development of Promotional Materials in the amount of $1,200. ,. I I I L Approval of Talbert, Cox & Associates Work Authorization 85-15 The Commissioners authorized the County Manager to execute Talbert, Cox & Associates Work Authorization 85-15 in the amount of $3,500 for engineering and planning basic services for updating the New Hanover County Airport Master Plan for location of hangars. I'--.. 971 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) I Authorization to Apply for Coastal Management Beach Access Funds - Parks and Recreation The Commissioners are requested to authorize a grant application in the amount of $13,175 for the construction of three dune cross overs and trash receptacles at beach access areas in Wilmington Beach authorizing the Chairman to execute the application upon completion. Budget Amendments Approved by County Manager The following Budget Amendments were approved by the County Manager and are being reported for entry into the record: 86-00000028 Department of Social Services Contingencies Professional Services Debit $1,875 Credit $1,875 Contingencies Medical Insurance Expense Agricultural Extension Debit $2,000 1- 86-00000034 Credit i.' .,. (J .:- ::: J. .: ' I $2,000 86-00000038 Museum Contingencies M & R - Buildings & Grounds Debit $1,742 Credit $1,742 I Resolution Accepting Offer to Purchase Surplus Property Owned by the City of Wilmington and New Hanover County The Commissioners adopted a Resolution Accepting an Offer to Purchase Surplus Property owned by the City of Wilmington and New Hanover County representing ad valorem tax value as of 1983 totaling $1,130. A copy of the resolution is contained in Exhibit Book XIII, Page 24. Approval of Project Ordinance - Social Services Building The Commissioners approved a Project Ordinance for the Social Services Building in the amount of $167,900 as reflected in the following Budget Amendment:. . 86-00000037 .Social Services. Building Bond Proceeds Architect Fees Debit $167,900 Credit r ~ ~~r} I $167,90LO'- . ,- A copy of the Project Ordinance is contained in Exhibit Book XIII, Page.25.. I Addendum to Minutes of September 17, 1984 The Commissioners are requested to approve an Addendum to the Minutes of September 17, 1984, "Release of Tax Listing Penalty.forH. A. Capps".. This item was omitted from.the minutes due to a faulty tape and is beLng reported for entry into the record. See Minutes Book 19, Page 674-A. Proclamation - Sickle Cell Month The Commissioners proclaimed the month of September as Sickle Cell Month in New Hanover County. A copy of the proclamation is contained in Exhibit Book XIII, Page 25. _... .. .... 972 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment - Finance The Commissioners approved the following Budget Amendment in the amount of $749,997 for the CDBG (Federal Grant)" to set up AmHoist CDBG E-l Project: , I 86-00000040 Planning Debit Credit r CDBG (Federal Grant) Contracted Services $749,997 -1 ~"tv', $749,997 CHAMBER OF COMMERCE PRESENTATION OF AIRPORT STUDY Chaiiman O'~eal welcomed' arijm~mbers present from the Airport Commission and Greater Wilmington Chamber of Commerce stating all members were encouraged to participate and discuss the Aviation Task Force Report. He apologized for not wording the memo properly to encourage discussion by all persons invited. Mr. Hobbs Sutton, President Elect of the Chamber of Commerce, gave background information on the study and introduced Mr. Frank B. Gibson, Jr. to present the report performed by the Aviation Task Force. Mr. Frank Gibson outlined the report showing the weaknesses and strengths of the current administration and operation of the Airport. After a lengthy discussion, he stated the conclusion of the Task Force was for New Hanover County to ini tiate the transfer of administration of the Airport from New Hanover County to an Airport Authority in order to serve the best interest of the citizens of New Hanover County. He recommended an immediate change in the present administration by adopting a resolution that would return the administration and operation of the Airport to the Airport Commission as'in the original resolution adopted July 1, 1970. I Vice-Chairman Barfield expressed concern for such a transfer at this time when the Airport is not a self-supporting agency. He stated this transfer should be d-fscusssed in the future, not now. Commissioner O'Shields commented on the amendment made to the Airport Resolution in 1978, stating much time and consideration' was given to this change in authority and that in the future, he would consider the Airport possibly going to an authority, but this was not the time. He urged support by the County Commissioners and Airport Commission to work together for completion of the new Terminal Complex. Commissioner Dolan commented on proprietary operations of government being different from other government operations stating this type of operation should produce a profit. He stated he preferred the Airport to be run by aviation professionals as opposed to local government professionals recommending serious thought to the direction of the Airport with the rapid growth occurring. He expressed concern for an Airport Commission having no authority. r After a lengthy discussion of the report, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to accept this as a report only with no further action being taken. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal expressed appreication to the Task Force for their time~and.~ff6rt'given in prepa!~ng this report. DISCUSSION OF HIRING PROJECT ENGINEER Commissioner' >'Dolan commented 'oh the hiring of an aviation engineer stating he had not been informed of this action. '-- 973 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) DISCUSSION OF HIRING PROJECT ENGINEER'(CONTINUED) County Manager Cooper stated at the North Carolina Airport Conference in Southern Pines a meetrng was held between consultants Richards and Reiss of 'HNTB with the suggestion that the County hire an engineer who could supervise contractors, consultants, etc. during the construction of the new Airport Terminal Complex. I Airport Commissioner Tinney stated the Task Force had studied the filling of this position and that the proposal would be presented to the Airport Commission at the next meeting. He stated no information was being withheld from anyone. County Manager Cooper stated the County was not hiring an airport expert but a project engineer for the County to handle projects of this magnitude. Commissioner Dolan expressed concern about this subject not being di-scussed at prev'io'us meetings' stress'ing the importance of being informed. ' APPROVAL OF PUBLIC SAFETY OFFICER PROGRAM - AIRPORT Commissioner Retchin stated this item had been discussed at the previous meeting and was deferred for action until all members were present. Commissioner O'Shields expressed concern for implementation of this program stating he was not comfortable with the plan. He MOVED, SECONDED by Vice-Chairman Barfield to defer action. I Commissioner Retchin commented on the proposal stating he felt it was a good program and would save money MOVING for adoption of the PSO Pr6g~am as presented. Commissioner Dolan SECONDED THE MOTION. - Ch~irman O'NeaJ opened the floor for discussion. Airport Manager Shackelford gave background information on the PSO Program explaining all aspects of the program. Airport Commissioner Shipp, former Chief of the Wilmington Fire Department, commented on the program stating the Wilmington Airport was an ideal place for implementation of such a program recommending approval. Vice-Chairman Barfield expressed concern for a security guard with full arrest authority and ~He involvement of law enforcement in areas which require specific training stating human life could be involved. "1' ": ' Mr. William Funderburg commented, in opposition to the PSO Program expressing concern for current employees of the Fire Crash Division who may not want to become Public Safety Officers. 1 Commissioner O'Neal called fo~ a vote on the'MOTION by Commissioner O'Shields to defer this item. Upon-vote, ;the MOTION FAILED AS FOLLOWS: I Voting Aye: Vice-Chairman Barfield Commissioner O'Shields Voting Noe: Commissioner Dolan Commissioner Retchin Chairman O'Neal ...... 974 MINUTES OF SPECIAL MEETING, SEPTEMBER 3-, 1985 (CONTINUED) ADOPTION OF PSO PROG~:--( CONTINUED}. Chairman O'Neal called for a vote on a SUBSTITUTE MOTION by Commissioner Dolan to accept the Public Safety Officer Program as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Chairman O'Neal ,.. I I l Voting Noe: Vice-Chairman Barfield Commissioner O'Shields BREAK Chairman O'Neal recessed the meeting for a break from 9:12 o'cloc~P~M. tp 9:25 o'clock P.M. APPROVAL OF FUNDING FOR SENIOR CENTER AT PLEASURE ISLAND Ms. Marine Gialey, Chairman of Building Committee, presented a funding request in the amount of $15,000 for construction of the Senior Center for Pleasure Island. After a discussion on the size of the building, selection of the building site, and this being a one-time funding request, Vice-Chairman_Barf~eld MOVED, SECONDED by Commissioner Retchin to approve funding in the amount of $10,000 matching the amount given by the Town of Carolina Beach. Upon vote, the MOTION CARRIED UNANIMOUSLY,. I .; SUBDIVISION APPEAL - SURRY DOWNS SUBDIVISION Planning Director Hayes gave background information on the decision by the Planning Board to deny Surry Downs Subdivision due to: (I) the problem of providing a street stub-out on the west side of Surry Downs Court to prevent "land locking" the adjoining property owner; and (2) the length of the cul-de-sac exceeding subdivision regulation requirements for such roads by 600 feet. r Mr. Nathan Sanders presented a drawing of the subdivision emphasizing the importance of this being a private community stating the all lots were 31,000 sq. ft. instead of 15,000 sq. ft as required by the Subdivision Ordinance. He requested approval of the plan as presented. Chairman O'Neal asked if anyone from the general public wished to speak on this issue: Mr. Al Shew, representing the owner Mr. Richard Shew, an adjoining property owner, expressed concern for this property being totally "land locked" unless a stub-out was provided. He requested the stub-out be placed on the Shew tract in order to provide ,.a. cross,...ove-r: raccess toward Andover Road. After a lengthy discussion, Commissioner Dolan -MOVED, SECONDED by Commissioner Retchin to deny the requested variance to exceed the 1,000 limitation on the cul-de-sac length of Surry Downs Court. Upon vote, the MOTION CARRIED AS FOLLOWS: r , Voting Aye: Commissioner Dolan Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner O'Shields After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Barfield 'to approve Surry Downs Subdivision subject to compliance of the subdivision regulation requiring a street stub-out. Upon vote, the MOTION CARRIED UNANIMOUSLY. "-..... .... 975 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) DISCUSSION OF BUILDING SITE - BOARD OF SOCIAL SERVICES Commissioner Retchin stated the Board of Social Services at its last meeting upanimously voted to appr~ve the 17th Street property as the building site for the Social Services Building. I Architect John Jefferies gave background information on the selection of the building site stating after comparing various locations, the 17th Street property was the most appropriate site for construction of the .proposed building. County Manager Cooper commented on the use of this site as a cemetery in the middle 1800's to middle 1900's explaining when the DOT constructed 16th and 17th Street, the County agreed to fund the cost of removing 163 grave sites to Flemington which is now the County's burial ground for paupers. He stated after discussion with the N. C. Department of History and Archives, the County Attorney Pope contacted Mr. Phillip Ellen who came down, reviewed the site estimating approximately 1,000 graves stating he would provide the removal procedures according to the General Statutes at $125l?r~r<, grave. Coun~y M~mager Cooper recommended this additional cost bf $125,000 be a part of the building costs and included in the bond issue. H~ alsq ~ecommended that the architect be authorized to erect a plaque or monument in the proposed building signifying this was a cemetery ~nd identifying the names of persons buried there. Commissioner Dolan expressed concern for not knowing the exact number of graves on the site asking if a more exact figure could be determined. I After a lengthy discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Barfield to utilize the property on 17th Street for the purpose of constructing the new Social Services Building subject to passage of the bond issue and to adopt a resolution to proceed legally for removal of the graves on this property. ,upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Commissioner O'Shields Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner Dolan A copy of the resolution is contained in Exhibit Book XIII, Page 25. ADOPTION OF" ATMEND'MENT_' 'OF PRIVILEGE LICENSE ORDINANCE FOR ASSESSING PENALTIES ' Commissioner; ,Retchin MOVED, SECONDED 'by Commissioner Dolan to adopt an amendment to the Privilege Licen,se Ordinance establihsing a maximum penalty of 50% of the license tax due in any given license year. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for codification into the New Hanover County Code. I ADOPTION OF CONFLICT OF INTEREST ORDINANCE Commissioner Retchin presented a proposed ordinance requesting approval. Commissioner Dolan expressed concern for no penalty clause in the proposal. -------oOllII 976 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) ADOPTION OF CONFLICT OF INTEREST ORDINANCE (CONTINUED) After a lengthi discussi6n, Commissioner Dolan MOVED to adopt a resolution relating to the proposed Ordinance introduced at the August 19, 1985, meeting to be submitted to the General Assembly as a local act. The MOTION FAILED D~E TO NOT RECEIVING A SECOND. ' After further discussi~n, Commi s si~:>ner Retchin M,OVED, SECONDED by Commissioner Dolan to adopt the' following Conflict of Interest Ordinance which replaces the Disclosure Statement approved at the August 19, 1985, Board Meeting: , , r , I I. AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain tha~ the New Hanover County Code be amended as follows: "':'~~')Jn Chapater 12 , entitled Offenses is amended by the addition of Article VIII, entitled Conflict of Interest. Section 12-67 Disclosure 'Every 'member of the Board of Commissioners of New Hanover County shall within 30 days after the effective date of this ordinance or within 30 days after assuming such elected office disc19se any legal, equitable or beneficial interest he or his spouse may have in any real property in New Hanover County except their residence, which is exempt. This disclosure shall be filed in writing with the Clerk of the Board of County Commissioners of New Hanover County and shall include any real property which any elected or appointed member holds title to, individually or jointly, hny real property held in tr~st as well as any pecuniary interest he may have ip any business, firm or corporation of whatever nature, which holds title to or has any ownership interest in any real property in New Hanover County. r I ! From the effective date of this ordinance each and every member of any co~mission, agency or board appointed by the Board of County Commissioners shall comply with the disclosures as contained in this section. Section 12-68 Interest in Business As Employee or Principal 10 Every member of the Board of County Commissioners of New Hanover County shall disclose any legal, equitable or beneficial ownership interest he may have in any business, firm, corporation or venture, of whatever nature, including the ownership of stocks and bonds in excess of $ 5,000 of any business, firm or corporation owning property or doing business New Hanover County. From the effective date of this ordinance each and every member of any commission, agency or board appointed by the Board of County Commissioners shall comply with the disclosures as contained in this section. ' ,.. Section 12-6~ Relationship With Business '- Every member of the Board of County Commissioners of New Hanover County shall disclose any legal, equitable, or beneficial ownership, interest or relationship in any business, firm, or corporation doing business in New Hanover County, of whatever nature from whom financial remuneration in the amount of $2,500 or more annually has been paid to such member for services rendered. ~ 977 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) ADOPTION OF CONFLICT OF INTEREST ORDINANCE (CONTINUED) From the effective date of this ordinance each and every member of any commission, agency or board appointed by the Board of County Commissioners shall comply with the disclosures as contained in this section. I Section 12-70 Interest in Later Acquired Real Property The acquisition by any person subject to this ordinance of any legal, equitable or beneficial interest in real property in New Hanover County shall be disclosed within 30 days after the acquisition of the same. Section 12-71 Voting on Matters Involving An Interest Any official of New Hanover County including a member of the Board of County Commissioners and appointees of the Board of County Commissioners snaIl be prohibited from voting on any item, being considered by any board, commission or agency of New Hanover County, which may be for the beneficial interest of any of the entities disclosed by such official in the disclosure statement required by this ordinanace. Section 12-72 Penalty I Any person who shall violate the provisions of this Article shall be guilty of a misdemeanor punishable 'by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than thirty (30) days, in the discretion of the Court, as provided by Section 14-4 of the General Statutes of North Carolina. Adopted this 3rd day of September, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy ~f the ~rdinanc~ is on file in the Clerk's office for codif~cation into the New Hanover County Code. POSTPONEMENT OF DISCUSSION OF LENGTHY MEETINGS After discussion, it'was the consensus 'of the Board to-defer this item until the September 18, 1985; meeting. COMMITTEE APPOINTMENTS APPROVAL OF SEVEN-MEMBER BOARD FOR AIRPORT COMMISSION It was the consensus of the County Commissioners not to fill the vacancy created by resignation of Jan Morgan in order for the Airport Commission to revert back to a seven-member board. I APPOINTMENT OF LISBON BERRY" SAMUEL DRAIN, AND ELDER D. M. JONES TO OFFENDER AID AND RESTORATION BOARD OF DIRECTORS Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to appoint Lisbon C. Berry, Jr.; Samuel,C; 'Drain; 'and Elder D. M. Jones to serve 3-year terms on the OAR Board of Directors expiring September 30,'1988. Upon vote" the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Retchin Commissioner O'Shields Vice-Chairman'Barfield Chairman O'Neal Voting Noe: Commissioner Dolan ..... 978 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) COMMITTEE APPOINTMENTS (CONTINUED')'" APPOINTMENTS TO FIRE SERVICE DISTRICT TASK FORCE Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to appoint the following persons to'serve on the Fire Service District Task Force. The first five appointments were submittedc) by the New Hanover County Fire Inspections Committee. ,. I Mr. L.H. Long, Wrightsboro Volunteer Fire Dept. Mr. Albry Rivenbark, Myrtle Grove Volunteer Fire Dept. Mr. Gary Rowe, Winter Park Volunteer Fire Dept., Mr. Randy Smith, South Wilmington Volunteer Fire Dept. Mr. Marion Covil, Ogden Volunteer Fire Dept. Mr. Ed Worrell, Ogden Volunteer Fire Dept. Mr. Ed Craft, Seagate Volunteer Fire Dept. Mr. Leonard McDowell, Federal Point Fire Dept. Mr. Ernest Puskas, Castle Hayne Volunteer Fire Dept. Mr. Bill Horvath, Castle Hayne Volunteer Fire Dept. Commissioner John Dolan, County Commissioner Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS ANNOUNCEMENT OF TRIP TO WASHINGTON D.C. FOR PROMOTION OF FOREIGN TRADE ZONE Commissioner Dolan announced he and Airport Manager Shackelford were 'planning to visit the Federal Commerce Department in Washington, D. C., on Thursday, September 5, 1985, to investigate the status of the Foreign Trade Zone and see what can be done to move this issue. ,. I I , I ANNOUNCEMENT OF COMMISSIONER DOLAN TO ATTEND A CLEAN COMMUNITY CONFERENCE IN ATLANTA, GEORGIA Commissioner Dolan announced he would be attending a Clean Community Conference in Atlanta, Georgia, from September 11-12, 1985, as a representative of the New Hanover County Clean Communi ty Commission. APPROVAL OF UNCLASSIFIED POSITIONS FOR CLERK TO THE BOARD AND DEPUTY CLERK Chairman O'Neal commented on the positions of Clerk to the Board and Deputy Cl~rk stating he felt these were unique positions and should be handled differently from other general clerical positions. He recommended removing these positions from the County Classification and Salary Plan to Unclassified. Commissioner Dolan stated he felt as Clerks to the Board, they should be employees of the Board with performance appraisals and salaries determined by the County Commissioners. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to unclassify these positions from the County Classification and Salary Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY.' APPROVAL OF 5% MERIT INCREASE FOR DEPUTY CLERK Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to approve a 5% increase for the Deputy Clerk effective September 3, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. r ! CHANGE OF REGULARLY SCHEDULED MEETING FROM SEPTEMBER l6, 1985, TO SEPTEMBER 18, 1985 Chairman O'Neal requested the regularly scheduled meeting of September 16, 1985, which had been changed to August 23, 1985, at the meeting of August 19, be changed to September 18, 1985, since he was going to be out-of-town on August 23. After discussion, it was the consensus of the Board to change the meeting date to Wednesday, September 18, 1985, at 9:00 A.M. ~ .... 979 MINUTES OF REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS (CONTINUED) I EVALUATIONS FOR COUNTY MANAGER AND COUNTY ATTORNEY TO BE PLACED ON AGENDA FOR SEPTEMBER 18, 1985 After discussion, it was the consensus of the Board to place evaluations for the County Manager and County Attorney on the agenda for September 18; 1985. ANNOUNCEMENT OF CHAIRMAN O'NEAL TO ATTEND A COASTAL RESOURCES COMMISSION MEETING TO ACCEPT A PLAQUE FOR NEW HANOVER COUNTY Chairman O'Neal stated he' planned to attend a meeting on Thursday, September 6, 1985, to accept an award of achievement presented by the North Carolina Coastal Resdurc~s Commission to New Hanover County for its contributions to the progressive natural resources management in a coastal area. DISCUSSION OF SCHEDULING A WORK SESSION FOR HOSPITAL REORGANIZATION Commissioner Retchin asked Chairman O'Neal if a list of consultants 'had been prepar'ed as requested at the previous meeting so a work session could be scheduled for discussion of hospital -reorganiza'tion. Chairman O'Neal stated he had been working on this matter but due being in court he had not been able to complete .the list. Commissioner Retchin request~d a d~t~ being "scheduled as soon as possible. ADDITIONAL ITEMS - COUNTY MANAGER . " I DISCUSSION OF REQUEST BY MUSEUM BOARD FOR USE OF PROFESSIONAL SERVICES FUNDS BUDGETED FOR MUSEUM LOCATION BE APPLIED TOWARD USING THE CURRENT RAILROAD MUSEUM SITE AS POTENTIAL LOCATION FOR MUSEUM County Manager Cooper presented a letter from Mr. John O. Perritt 'III, Chairman of the Museum Board, stating their Board was interested in pursuing the current railroad museum site as a potential new county museum location. 'Mr. Per~itt requested budgeted professional services funds for the museum location be applied:toward,a professional'site'evaluatibn on the railroad museum location'. After discussion, it was the consensus of the Board to defer act.ibfl: on this request due: to ,the" late "hour and need 'for. additional information. I; t;.: ,~ ,I' l ADOPTION OF A RESOLUTION REQUESTING THE STATE AND DEPARTMENT OF TRANSPORTATION TO ACQUIRE ABANDONED RAILROAD RIGHTS OF WAY AND EASEMENTS ALONG U. S. HIGHWAY 17 County Manager Cooper stated Pender' County and Onslow County had contacted him requesting 'adoption of a resolution by New Hanover County requesting the State and Department of Transportation' to acquir~ abandoned railroad r~ghts of way and easements along U. S. Highway 17 for widening to four lanes and other improvements. I Commissioner Dol~n MOVED; SECONDED by Commissioner Retbhin to adopt.a resolution requestifig acquisition of the abandoned railroad rights of way and easements to be forw~rded to the Governor of the State of North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit-Book XIII, Page 261. .... 980 MINUTES O~ REGULAR MEETING, SEPTEMBER 3, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER (CONTINUED) APPROVAL OF LEASE WITH SHAFFER BUICK COMPANY FOR SIX MONTHS RENTAL .. . County Manager Cooper sta.ted Shaffer: .Buick Company had requested rental of the building for .approximately six months and that he had presented a lease agreement with a monthly rental of $1,800 based on calculations by the Tax Department. County Manage~ Cooper stated Shaffer Buiqk Company felt the rentaL was too high since they had been renting for $750 under the previous owner. He requested direction of the Board. r \ Aft_ex, d;i.s~ussion, it was the consensus of the Board to submit the lease agreement with a ren~al figure of $1,800 per month. APPROVAL DEUTSCH RELAY LEASE AGREEMENT - AIRPORT INDUSTRIAL AIRPARK Airport Manager Shackelford gave background information on the lease requesting approval subject to review by Carlton Allegood for recommendation on standard liability insurance. After discussion, Vice~Chairman Barfield MOVED, SECONDED by Commissioner Dolan to approve the lease subject to review by C a.' r 1 ton A 11 ego 0 d for s t a' n d a r d 1 i a b i 1 i t Y ins u ran c e recommendations. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF WITHHOLDING OF GRANT FUNDS ON AIRPORT ADAP-05 PROJECT . Airport Manager Shackelford gave background information on FAA's refus.als to, re-imburse -the County. for $24,000 in seeding and mulch{rig expendit~~es incu~r~d in 19~8-79 through the Airport ADAP-05 Project stating the County had three options: (1) appeal the FAA determination in Federal Courts; (2) accept the FAA determination, and seek recovery of $23,582.06 from consultant Talbert & Cox; or (3) swallow the loss by amending the budget. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to accept FAA's determination requesting recoyery ~rom Talbert & Cox in the amount of $12,000 with the County' funding the remaining $12,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. , . " REQUEST FOR APPRAISAL OF THREE PARCELS OF LAND - ~EW HANOVER COUNTY AIRPORT - ACCESS ROAD Assistant County Attorney Sillimam commented on a new access road planned in the construction of the new Air Traffic Control Tower to be connected at Kerr,Avenue stating this would provide a safer location. He explained that. acquisition I of the right of way for the road will require negotiation with owners of three parcells and that prior to purchase or condemnation, appraisals will' be' reqpired. He presented proposal s recommending authorization for the County Manager to contract with o. J. Clontz for appraisal services. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Neal to authorize the County Manager to execute an .;1ppraisal contract with o. J. Clo.ntz, Jr. as presented. ' Upon vote, the MOTION CARRIED UNANIMOUSLY. ,.. i L PRESENTATION OF TEE SHIRTS BY MARINE EXPO 85 TASK FORCE On behalf of the Marine Expo 85 Task Force, Lucie F. Harrell, presented Marine Expo 1985 shirts to each Commissioner in appreciation for their support to the expo encouraging all to attend the exciting events from September 28 - October 6, 1985. t'--- 981 IfBB~ <HF IWPWCHL~G~ESmlVI!\n~It ~~8j 9~<;Ol!.TWBllUtNMENTAL ADJOURNMENT Commissioner to adjourn the UNANIMOUSLY. Retchin MOVED, SECONDED by Commissioner O'Neal meeting. Upon vote, the MOTION CARRIED Chairman O'Neal adjourned the meeting at 12:03 o'clock A.M. I Respectfully submitted, cf~~ Clerk MINUTES OF SPECIAL MEETING, SEPTEMBE~ 9, 1985 - GOVERNMENTAL CONSOLIDATION COMMISSION REPORT ASSEMBJ;.Y The New Hanover County Board of Commissioners met in Special Session on Monday, September 9, 1985, at 9:13 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut S~reet, Wilmington, North Carolina. I Members present were: Commissioners John Dolan; Claud O'Shields, Jr.;, Fred Retchin; 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. Chairman O'Neal called the meeting to order stating this Special Meeting had been scheduled to discuss the excellent report prepared by the Governmental Units Consolidation Study Commission. DISCUSSION OF CONSOLIDATION STUDY COMMISSION REPORT Karen E. Gottovi, Chairman of the Consolidation Study Commission, gave background information the report stating this report was a result of ten months of extensive study by members and staff of the Consolidation Study Commission. She stated the purpose of the report was to be useful in assisting local governments in establishment of a Charter Commission. Ms. Gottovi introduced the following members: I Mr. F. P. Fensel, Jr., Chairman of the Planning and Finance Committee Ms. Fran Russ, Chairman of the Public Safety Committee Ms. Anne Rowe, Secretary of Study Commission Mr. B. D. Schwartz, Vice-Chairman of Study Commission Mr. Bill Golder, Chairman of Public Amenities Committee Mr. Frank Ballard, Member of Public Amenities Committee Mr. Lisbon C. Berry, Chairman of Management Committee Commissioner O'Shields commented on the decision by the beach communities to endorse the idea but remain separate and apart expressing concern for the double taxation statement in which each beach community should receive a rebate from the consolidatd government for the services provided county-wide. Commissioner Retchin stated he did not see a difference between the City of Wilmington and beach'communities in providing services. He stated he hoped a consolidated government would address the needs of all communities in New Hanover County. Each chairman of the following committees gave a brief r e po r ton the i r fin din g s wit h the r e co mm end at i on for establishment of a Charter Commission: