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1985-11-04 Regular Meeting 4: MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 -- - . ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 4, 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. I Members present were: Commissioners John Dolan; Claud O'Shields, Jr.; Fred Retchin; Vice-Chairman Jonathan Barfield Sri Chairman Nolan O'Neal; Assistant County Manager Mary Gornto; 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 Vice-Chairman Barfield to approve the minutes of the Regular Meeting, of October 7, 1985; Spe,cial Meeting of October 17, 1985; and Special Meeting of October 18, 1985, with an addendum to 'the minutes of the Special Meeting of October 18, 1985; reflecting that Commissioner O'Shields did return to the meeting at approximately 11:45 o'clock A.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Mr. C. L. McCauley, representing Jetstream Aero Serv~qes., appeared before the Commissioners stating he had consulted with the County's Legal Department in completing and preparing the lease that was approved at the previous meeting. I Assistant County Attorney Silliman stated Jetstream had requested the following terms in the lease which he felt should be approved by the Board of Commissioners before final execution of the lease: (1) A request for a lease term of 20 years with two options on the part of the lessee to extend for additional 20-year terms which could become a 60-year lease. (2) A detailed description of other activities that Jetstream has proposed for use of the property using the method of subleasing to various enti ties to carryon various activities. Mr. McCauley commented on the 20-year term with two lessee options stating FAA favored any lease within the bounds of the County's limitation that sufficiently allows the investor to amortize their investment. He stated the County would still retain its option at anytime to withdraw the lease with malperformance on the part of the lessee. He stated FAA also required a reappraisal of rental fees on a 3-year basis. He commented on the additional subleasing" stating a clause was contained in the agreement that the County would allow additional subleasing as the case may be and would not unreasonably withhold approval of such a lease. He stated Jetstream had no such lease. I County Attorney Pope stated in most County leases there was a provision that subleasing was done only with consent of the Board of Commissioners. After a lengthy discussion, Commissioner O'Shields requested the Legal Department to furnish information on the pros and cons of a lease longer than 20 years and information on subleasing of the property with this item being placed on the November 18, 1985, Agenda. Commissioner Dolan emphasized the element of time stating Jetstream needed a decision tonight. 42 ~'.l.J- MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) Commissioner Dolan MOVED for acceptance of the lease as proposed with the execption that subleasing and the 20-year options are subject to prior approval by the County Commissioners. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. County Attorney Pope requested an opportunity to furnish information addressing the concerns discussed before a decision was made. After further discussion, Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Barfield to table this item until November 18, 1985, as an agenda item requesting the Legal Department to furnish information on the two 20-year terms and the subleasing request. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Voting Noe: Commissioner Dolan Chairman O'Neal , ,. Mr. McCauley asked if this motion meant that Jetstream still did not have the lease. Attorney Silliman stated the Commissioners at their previous meeting did approve the standard, normal FBO lease not the counterproposals that had been presented by Jetstream. DISCUSSION OF DESIGNATION OF OAR AS COMMUNITY ACTION AGENCY Mr. Ernest Faison and Mr. McCluey Hewett of the New Hanover Community Services Association Inc., commented on the designation of Offender Aid and Restoration, Inc. as the community action agency for receipt of Community Service Block Grant funds asking why other agencies were not informed and notified of the funds available in order to apply. Vice-Chairman Barfield commented on the fact that the County Manager and County Staff preferred these funds being received by an agency closely related to the County in order to maintain some control over the funding. A discussion was held on time factors and criteria required by the State of North Carolina and money to be saved by the County with the designation of OAR as the Community Action Agency, particulary in administrative costs. After further discussion, Mr. Faison and Mr. Hewett requested better notification to agencies eligible for receipt of t,..: I the funding. POSTPONEMENT OF PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL BY THE PLANNING BOARD TO REZONE PROPERTIES LOCATED ON THE SOUTHEAST SIDE OF US 17 (MARKET STREET) APPROXIMATELY 1,600 FEET OF SR 1402 (PORTER'S NECK ROAD) TO B-2 BUSINESS FROM R-15 RESIDENTIAL Attorney Alton Lennon requested postponement of Item #6 to consider an appeal of denial by the Planning Board for rezoning property on US 17 and SR 1402 until the regularly scheduled meeting of December 2, 1985. Chairman O'Neal asked if anyone present wished to speak in opposi tion to postponement of this Public Hearing. No one commented. Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to table the Public Hearing until December 2, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. 4: MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA I Approval of Change Order G-30 - Judicial Building The Commissioners authorized the County Manager to execute Change Order G-30 in the amount of $2,985 for T. A. Loving Company. This Change Order represents repairs for damages done to the Courthouse Annex by Hurricane Diana. Approval of Budget Amendment - Aging Department The Commissioners approved the following Budget Amendment for the Department of Aging: 86-00000083 Aging Miscellaneous Revenue Departmental Supplies Debit $500 Credit $500 Donation from Cape Fear Garden Club to beautify yard. Approval of Budget Amendment Request - Red Brick Courthouse Engineering Department I The Commissioners approved the following Budget Amendment to cover expenditures for Water Supply Well for the Red Brick Courthouse: 86-00000079 Engineering Contingencies Contracted Services Debit $15,000 Credit $15,000 Approval of Exchange of Dolls for Undocumented Baby Dresses New Hanover Museum The Commissioners approved 'the exchange of two dolls for 30 undocumented baby dresses. ,The estimated value of "the r dchl1s '-is >.1 $150. " I. Adoption of Resolution Accepting Offers to Purchase Surplus Property Jointly Owned by the City of Wilmington and , New Hanover County The Commissioners adopted a Resolution accepting offers to purchase surplus property jointly owned by the City of Wilmington and New Hanover County at 716 Wright Street, 300 Block Central Boulevard and 400 Block Bladen Street. This property represents ad valorem tax values as of 1983 totaling $8,350. The offers to purchase have been duly advertised for upset bid. I A copy of the resolution is contained in Exhibit Book XIII, Page 36. Approval of Budget Amendment Approved by Budget Officer The following Budget Amendment was approved by the Budget Officer and is being reported for entry into the record: ~4 MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) CONSENT AGENDA ITEMS (CONTINUED) Budget Amendments Approved by Budget Officer 86-00000081 - Human Relations Commission Debit Contingencies $2,170 Telephone Printing Departmental Supplies Advertising Travel, Meetings & Schools Credit $ 363 27 ,I. ? (? 221 1,503 To cover expenses incurred by Human Relations for MBE/WBE Program from July through time transferred. Approval of Authorization for County Manager to Execute Contracts - Airport The Commissioners authorized the County Manager to execute the following contracts for New Hanover County Airport improvements: Contractor Project Mac Construction Company King Construction Company Reagan Construction Company Prime Construction Company King Electric Company Site Utilities/Preparation Electrical Light Vault Electrical Lighting Vault Access Road I Access Road II Approval of Request for Transfer of Titles to Surplus Vehicles - Emergency Services The Commissioners approved the transfer of titles to surplus military vehicles to the current agency...user. . ..) A list of the surplus vehicles is contained in Exhibit Book XIII, Page 36. PUBLIC HEARING TO CONSIDER A MODIFICATION OF A SPECIAL USE PERMIT (OLEANDER GARDENS) TO ALLOW THE CONSTRUCTION OF AN ADMINISTRATION OFFICE, TO EXPAND EXISTING LAWN GARDEN CRYPTS, TO ERECT THREE, FOUR FEET HIGH ABOVE GROUND CRYPTS, AND THE RIGHT TO INSTALL LAWN CRYPTS IN THE FUTURE Planning Director Hayes and Planner Avery presented slides and gave background information on the request stating the four general requirements had been met. Chairman O'Neal asked any persons present wishing to give testimony to step forward to be sworn by the Clerk to the Board. The following persons were sworn in: Mr. Harold Seagle Mr. Harry Borneman Mr. Donald Stegall Chairman O'Neal asked if anyone present wished to speak in favor of the request. The following persons commented: Mr. Harold Seagle, Attorney representing Oleander Memorial Gardens, commented on the request stating many of the property owners had been contacted and upon opposition of the option to install lawn crypts the petitioner had withdrawn this request. He requested consideration of the Board to approve construction of an administration office, expansion of existing lawn garden crypts, and erection of three, four feet high. above-ground crypts. Mr. Seagle presented photographs to be marked as exhibits. \ ~ 4~ I MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER MODIFICATION OF SPECIAL USE PERMIT - OLEANDER GARDENS (CONTINUED) . . Planning Director Hayes asked Attorney Seagle if he concurred with the presentation by the Planning Staff. Attorney Seagle stated he concurred. I Mr. Harry Borneman, General Manager of Oleander Gardens, emphasized the need for construction of an administration office requesting approval of the modified Special Use Permit. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. Mr. Donald Stegall, representing the property owners, gave background information on the original Special Use Permit expressing concern for the surrounding residential neighborhood if modifications to the original Special Use Permit are continually approved. He stated above-ground structures were not in conformity with the surrounding neighborhood and expressed' concern for construction of an office building. He stated the adjacent property owners were satisfied with the permit as it is and requested denial of any modifications. Commissioner O'Shields reported to the Board since the issuance of the last Special Use Permit he had purchased two lots at Oleander Memorial Gardens asking if this would be considered a conflict of interest. It was the consensus of the Board that the purchase of ,the lots did not represent a conflict of interest. Commissioner Dolan expressed concern for modifying an original permit when issued. I After a lengthy discussion of the requested office building, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to issue the modified Special Use Permit with all conditions as specified in the permit granted in 1980 except that the petitioner will be entitled to erect three (3) two-person above ground crypts on the backside of the property with a maximum height of four (4) feet as shown on the site plan submitted with the application for modification. All other requests on the application .for modification are denied. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commi~sioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner Dolan A copy of the modified Special Use Permit is contained in SUP Book I, Page 11. BREAK Chairman O'Neal recessed the meeting for a break from 8.: 40 o'clock P.M. to 8:55 o'clock P.M. I PUBLIC HEARING TO CONSIDER A SUBDIVISION TEXT AMENDMENT TO SECTION 3.3 BY ADDING A STATEMENT REGARDING SEWER LINE INSTALLATION RESPONSIBILITY FOR NEW SUBDIVISIONS LOCATING IN AREAS THAT HAVE BEEN SURVEYED FOR COUNTY SEWERAGE Planning Director Hayes gave background information on the proposed Text Amendment stating the Planning Board recommended amendment to Section 3.3 of the Subdivision Ordinance by adding the following statement: SUBDIVISIONS that are located in areas of the County that have been surveyed for installation of County sewerage shall design and install a sewer system to provide service to each lot prior to Final Plat approval. Chairman O'Neal asked if anyone present wished to speak in favor or in opposition to the proposed Text Amendment. ~'6 MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER PROPOSED TEXT AMENDMENT TO SUBDIVISION ORDINANCE SECTION 3.3 REGARDING SEWER LINE (CONTINUED) After further discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner O'Shields to aprove the Text Amendment as presented by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ( \ APPROVAL OF CONTRACT WITH PATE & PRICE AIRPORT CONSULTANTS, INC. - AIRPORT TERMINAL COMPLEX Airport Manager Shackelford gave background information on the need to hire consultants to perform a financial analysis of the New Airport Terminal to develop concession bid documents, bid, and award of contracts; negotitate new airline leases; and review operating plans and organi zation. Airport Manager Shackelford stressed the importance of economic feasibility with an analysis of the airport showing where costs should be allocated and what rates are necessary to make it self- supporting. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the contract with Pate and Prrce'. Consultants with a completion date within 120 days. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Dolan, for the record, expressed. concern for the continued use of consultants, especially with an open-end contract with no definite date of completion. He stated he was glad a completion date had been established but was uncomfortable with the manner in which the Board decided on the date. He stressed the importance of discussing matters directly with the consultants. A copy of the contract is on file in the County Manager's office. APPROVAL OF BUDGET AMENDMENT FOR ELEVEN NEW POSITIONS - MINIMUM SECURITY FACILITY AND ONE SECRETARIAL POSITION FOR UNIFORM PATROL DIVISION - SHERIFF'S DEPARTMENT Sheriff McQueen gave background information on the new minimum security facility stressing the need for additional positions as requested in order to operate the facility. Commissioner O'Shields commented on the Sheriff's Association working with County Commissioners on legislation that will change the law to require persons committing the crime to pay for costs involved in carrying out the sentences given by the courts. He stated laws, such as the DWI, are imposed by the State and that the State should be willing to assist the counties in providing legislation that will assist counties in bearing the costs whether through additional court fines or other methods. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve ten (10) sworn positions and one utility position as requested by Sheriff McQueen. Upon vote, the MOTION CARRIED UNANIMOUSLY. Sheriff McQueen gave background information on the request for a secretarial position for the Uniform Patrol Division, stating the large amount of paperwork now being performed by the department. After discussion, Vice-Chairman Barfield MOVED, SECONDED by Commissioner Retchin to approve the secretarial position as requested and to approve the following budget amendment for all positions approved. Upon vote, the MOTION CARRIED UNANIMOUSLY. 4' MINUTES OF REGULAR MEETING, NOVEMBER 4, 198 5( CONTINUED) APPROVAL OF ADDITIONAL POSITIONS - SHERIFF'S DEPARTMENT (CONTINUED) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT Debit Credit I Appropriated Fund Balance Sheriff - Jail Salaries & Wages Social Security Retirement Medical Insurance $134,556 $103,392 7,341 8,809 6,402 Sheriff - Administration Salaries & Wages Social Security Retirement Medical Insurance 6,860 487 585 680 DISCUSSION OF ALTERNATIVE SOURCES OF HOUSING FOR THE DEPARTMENT OF SOCIAL SERVICES Commissioner Retchin commented on the need for alternative sources of housing for the Department of Social Services making a MOTION to request the County Manager to pursue every avenue possible and prepare request for proposals providing information about space needs, general location, and requirements bringing back this information and recommendations to the Board for further discussion. Vice~Chairman Barfield SECONDED THE MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Assistant County Manager Gornto commented on funding which may become available as per information from the Local Government Commission with reference to third-party financing as opposed to the usual method of bond issue. She stated the County Manager would keep the Board informed on this issue. APPROVAL OF LUMP SUM PAYMENT AND ISSUANCE OF ADDITIONAL EARNED LEAVE CREDIT FOR COUNTY MANAGER Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve a lump sum increase in the amount of $1,000 for the ,County Manager for the Fiscal Year 1985.,..86 and to grant additional earned leave credit of 40 hours over and above the present future earnings based on longevity. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commiss.ioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner Dolan Commissioner Dolan stated, for the record, without any reference to the performance evaluation, he felt the present salary and benefit package currently provided to the County Manager is very generous and rates favorably with other counties throughout the State; consequently, he was opposed to a lump sum payment or the granting of additional earned leave credit. I APPROVAL OF A 5% INCREASE IN SALARY FOR THE COUNTY ATTORNEY Commissioner O'Shields MOVED, SECONDED by Vice-Chairman Barfield to grant a 5% increase effective July 1, 1985, for the County Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS: , I Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner Dolan Commissioner Dolan stated, for the record, without reference to the evaluation or the performance of the individual, the 48 MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) APPROVAL OF 5% INCREASE FOR COUNTY ATTORNEY (CONTINUED) position was adequately funded; therefore, he opposed a 5% increase for the County Attorney. APPOINTMENT OF PERFORMANCE MANAGEMENT ADVISORY TASK FORCE After a lengthy discussion of the Task Force and its purpose, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to appoint the following persons to serve on the Performance Management Task Force for the first assignment of examining all agencies which provide services to juveniles making recommendations for consolidation of these services with this task to be completed by April 30, 1986. Also, before authorizing further assignments to the Task Force, an evaluation is to be made of the Committee's performance. Edward A. Becker, Ph.D. Mary Bryant Ronald E. Copley, Ph.D. Chester F. Jones Ronald E. Saucier Benjamin D. Schwartz Georgia Spiliotis Cam McAbee, County Staff Member Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Voting Noe: Commissioner Dolan Chairman O'Neal ADDITIONAL ITEMS COUNTY COMMISSIONERS ANNOUNCEMENT OF GOVERNOR'S COMMITTEE ON CHILD VICTIMIZATION Commissioner Dolan announced the Governor's Committee on Child Victimization will be held on Thursday, November 7, 1985, at 1:00 P.M. in the Assembly Room inviting all Commissioners to attend. He stated the guest speaker will be the Governor Martin's wife. DISCUSSION OF REPRESENTATION BY THE COUNTY ATTORNEY'S OFFICE IN LITIGATION INVOLVING PRIVATE CITIZENS Assistant County Attorney Copley requested direction from the County Commissioners on procedure to be followed by the County Attorney's Office on involvement in litigation of private citizens. After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Barfield to direct the County Attorney to make it clear to anyone concerned that the County Attorney's office represents the County and cannot become involved in representation of any private individuals. Upon vote, the MOTION CARRIED UNAN1MOUSLY. ' DISCUSSION OF COMMITTEE TO BE APPOINTED TO FACT FIND ON ALLEGATIONS AT THE AIRPORT Chairmarr:O'Neal commented on his assignment to appoint a a fact-finding committee on allegations charged by Jetstream on matters at the Airport. I After a lengthy discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Barfield to appoint Lieutenant J. B. Stinson and Internal Auditor, Allan Mozingo, to investigate the allegations made by Jetstream with the Legal Staff reviewing the findings which are to be presented to the Board as soon as possible. Upon vote, the MOTION CARRIED UNANIMOUSLY. 41 ~ MINUTES OF REGULAR MEETING, NOVEMBER 4, 1985 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF C~NGE IN JUST COMPENSATION HANOVER COUNTY AIRPORT Assistant County Manager Gornto change in the Just Compensation Figure scheduled meeting of October 21, 1985. occurred due to an appraisal review. FIGURE FOR ADAP-07 - NEW I requested approval of a approved at the regularly She stated the change had Commissioner Dolan MOVED, SECONDED by Vice-Chairman Barfield to approve the requested change in the Just Compensation figure as presented by the Assistant County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 10:33 o'clock P.M. Respectfully submitted, ~ -<:/ ~ Lucie F. Harrell Clerk I I