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1986-03-10 Regular Meeting 136 MINUTES OF REGULAR MEETING, MARCH 10, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Feg~lar Session on Monday, March 10, 1986, 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: O'Neal; Claud O'Shields, Chairman Jonathan Barfield, County Attorney, Robert W. Joyce Bragg. Commissioners John Dolan; Nolan Jr.; Vice-Chairman Fred Retchin; Sr.; County Manager G. Felix Cooper; Pope; and Deputy Clerk to the Board, Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES Vice Chairman Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of February 3, 1986, the Special Meeting of February 17, 1986, as presented and the Regular Meeting of February 17, 1986, with a correction on page 134; Voting Aye: Dolan, should be changed to O'Shields. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Barfield asked if anyone from the general p:ublic wished to speak on any item not listed on the Regular Agenda or any items listed on the Consent Agenda. Mr. Mike Vaughan suggested that a study be conducted as to the legality, in relation to FAA approval, of spending public funds on a cocktail lounge in the Airport terminal, not to be used by general public. 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 Approval of Request to Adopt a Resolution for Addition of Road to a State Maintained Secondary Road System The Commissioners adopted a Resolution for Addition of the following Road to the State Secondary Road System: Sections 2 & 3, Stoneybrook Subdivision (Division File #536-N) A copy of the Resolution is contained in Exhibit Book XIV, Page 6. Adoption of Resolution Proposing Acceptance of Offers to Purchase Surplus Real Property The Commissioners adopted a Resolution Proposing Acceptance of Offers to Purchase Surplus Real Property jointly owned by the City of Wilmington and New Hanover County. The properties represent ad valorem tax value as of 1983 totaling $6,650. A copy of the Resolution is contained in Exhibit Book XIV, Page 6. The Commissioners Approved Funding For Countywide Volunteer Recognition - DOVIA The Commissioners approved a request by the Cape Fear Area Directors of Volunteers in Agencies (DOVIA) to fund the Countywide volunteer recognition annual event being held on April 27, in the amount of $1,000. 13' .>C. MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) CONSENT AGENDA ITEMS (CONTINUED) Approval of Fireworks Permit - Azalea Festival I The Commissioners approved a Fireworks Permit for the Azalea Festival at Legion Stadium to include the firing of three-inch salutes from the river bank near the battleship USS North Carolina. A copy of the certificate of insurance is on file in the County Manager's Office. Approval of Contract for Design of Weighing Accounting System - Steam Plant The Commissioners approved a contract with Carolina Software, Inc. for designing a new weighing accounting system for the Steam Plant at the estimated cost of $4,500. A copy of the contract is on file in the County Manager's Office. Adoption of Resolution Approving Consortium Agreement and Appointed Chief Elected Official - Cape Fear Service Delivery Area for JTPA Program The Commissioners adopted a Resolution approving a consortium agreement and appointed Commissioner Fred Retchin as Chief Elected Official. The Chief Elected Official will sign all JTPA Agreements on behalf of the County. A copy of the Resolution and Agreement are contained in Exhibit Book XIV, Page 7. I Approval of Appraisal Contract New Hanover County Airport The Commissioners approved a Contract with Mr. Joseph A. Robb to furnish appraisals of various lands, aprons and buildings leased to the fixed based operators at the New Hanover County Airport to be used to establish rental rates for the newly executed contracts. A copy of the Contract is on file in the County Manager's Office. Approval of Agreement with Republic Parking Systems - New Hanover County Airport The Commissioners approved an Agreement with Republic Parking Systems for expansion of existing short term facilities along with other improvements at their expense with County agreeing to extend the lease agreement for a sufficient period 'of time for them to recover the investment. A copy of the Agreement is on file in the County Manager's Office. I Capital Project Ordinance and Budget Amendment Carolina Beach School The Commissioners adopted a Capital Project Ordinance for the Carolina Beach School and approved the following Budget Amendment to set up budget: 86-00000156 Carolina Beach Addition Bond Proceeds General Construction Debit Credit $249,484 $249,484 138 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) CONSENT AGENDA ITEMS (CONTINUED) Approval of Budget Amendment - Schools The Commissioners approved the following Budget Amendments to adjust budget for change orders and reduce land cost by amount of insurance money received: 86-00000160 Schools (Northern & Eastern) Debit Credit Northern School Project Interest on Investments Electrical Contractors Contingencies Land Cost $ 14,346 I 350 148,618 Eastern School Project Bond Service Charges 25,254 Northern School Project General Contractor Architect Fees Capital Outlay - Equipment Miscellaneous $ 3,525 lO,322 100,000 5,905 Eastern School Project General Contractor Electrical Contractor Plumbing Contractor Miscellaneous 46,476 1,268 3,802 17,271 Approval of Budget Amendment - Schools The Commissioners approved the following Budget Amendment to set up bond revenues in project budget to actual amount: 86-00000157 Middle School Bond Proceeds Debit Credit $5,330,000 Contingencies Miscellaneous $5,325,588 4,412 Approval of Budget Amendment - Schools The Commissioners approved the following Budget Amendment to reduce project budget to actual project amount: Debit Credit 86-00000158 Schools (Northern & Bellamy) Bellamy School Addition Contingencies $9,484 Northern School Project Bond Proceeds $9,484 Approval of Budget Amendment - Emergency Services The Commissioners approved the following Budget Amendment for funds received from CP&L Nuclear Power Plant to support planning, education, training, and communications for emergency preparedness and management activities: 86-00000162 Emergency Services Debit Other Revenue (CP&L FNF NR Funds) $5,000 Credit 13 ~ MINUTES OF REGULAR MEETING, MARCH lO, 1986 (CONTINUED) CONSENT AGENDA ITEMS (CONTINUED) Approval of Budget Amendment - Emergency Services (Continued) I Telephone Expense Copying Expense Departmental Supplies Travel, Meetings & Schools Capital Outlay - Equipment $ 800 200 600 400 3,000 Approval of Budget Amendment - Department of Social Services The Commissioners approved the following Budget Amendment for additional allocation received from CP&L Project Sharing and from State for Crisis Intervention Program: 86-00000155 DSS DSS Administrative Grant Debit $25,778 Credit CP&L Intervention Program Assistance Payments $24,668 Crisis Intervention Program Assistance Payments 1,110 Budget Amendments Approved by Budget Officer Reported for the Record The following Budget Amendments were approved by the Budget Officer and are being reported for the record: I 86-00000161 Finance Debit Credit EMS EMS Fees $2,435 Finance Postage Insurance & Bonds $2,035 400 For large volume of postage cost due to EMS billing 86-00000165 Tax/Room Occupancy Tax Appropriated Fund Balance Other Revenue (Tax) Debit $176,000 23,212 Credit Erosion Control $199,212 I REPORT ON NACo LEGISLATIVE CONFERENCE IN WASHINGTON, D.C. Vice-Chairman Fred Retchin reported that it was a major concern of all elected officials because of the effects of the Gramm-Rudman-Ho1lings bill, which are going to affect revenues and programs that are mandated by the federal government on a local level. The Association of County Commissioners established as a major aim the possibility of having the re-authorization of the general revenue sharing which is no longer in our budget. The theme was that as long as you are taking away all of the funds with Gramm-Rudman-Hollings, at least give us the little bit from General Revenue fund in order to soften the blow. Two thousand County Commissioners attending the conference agreed there is a great need to balance the budget and that is the primary issue that we should consider, but did not want the impact of balancing the budget to impact on the tax burden on a local level. The cuts are going to affect the revenues for local government roughly in the amount of 1.7 million dollars for New Hanover County in Fiscal Year 1987. 140 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) REPORT ON LEGISLATIVE CONFERENCE (CONTINUED) The number of ways the Tax Reform Act would impact on local government was also discussed. Our ability to continue to sell tax free bonds was a concern. It was felt the twenty billion in revenue that can be raised for the United States Treasury, could best be used to help balance the budget. Included in that Act, was a provision that would make it a revenue neutral act and was not what the Association of County Commisioners would like to see. Commissioner Dolan commented on the Tax Reform Act, stating that it was not a twenty million dollar increase in taxes. The Act would adjust the way some of the taxes are being collected, cut off certain loopholes, eliminating certain tax shelters, things that the average citizens doesn't have access to and gives it back to the ordinary people. Instead of giving it back in refunds, use the taxes to offset the deficit. Commissioner Dolan commented on Revenue Sharing, stating that as a ~ation, we will have to cut the tremendous deficit we have built over the past twenty years, that New Hanover County is fortunate that the funds have been used for Capital Improvements instead of day to day operations, so that when those funds are cut, it is not going to impact on this County as it would in other places. He stated that studies will be necessary for present programs and proposed programs to determine if that program is important enough to pay for it with our local taxes. PUBLIC BEARING Notice had been given that a Public Hearing would be held by the Board of County Commissioners of New Hanover County on Monday, March 10, 1986, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: REVENUE SHARING USE HEARING Chairman Barfield opened the Public Hearing for comments from the General Public. No one appeared for comment. Chairman Barfield declared the Public Hearing for Revenue Sharing closed. Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to allocate the Revenue Sharing Funds to the Water and Sewer District for use with the Sewer expansion project as reflected in the following budget amendment. Upon vote, the MOTION WAS CARRIED UNANIMOUSLY. 86-00000150 Water & Sewer District Operations Debit Credit Finance Revenue Sharing $1,313,584 Water & Sewer District ~ Operating Transfer In 1,313,584 Transfer to Other Funds $1,313,584 Transfer to Capital Projects 1,313,584 To budget additional revenue sharing funds not originally anticipated. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT EXTENSION OF SIX MONTHS FOR A COMMERCIAL MARINA Planning Director Hayes presented background information on the extension of six months for a Commercial Marina in a B-1 Business District on Summer Rest Road. Chairman Barfield asked if anyone present wished to speak in favor of the extension of the Special Use Permit. Attorney 14 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERM'IT EXTENSION (CONTINUED) I Harold Seagle, representing the residents of Summer Rest Road appeared to comment, stating that one of the conditions of this permit was that compliance with all the Coastal Resources Commissions Rules and Regulations have been the reason for the delay. The reason the permit was not signed was due to a law suit that was filed in Wake County that had nothing to do with this project, but involved with the classification of the entire Wrightsville Beach area. Until the matter is resolved, CRC is going to hold the issuance of that permit. Chairman Barfield asked if anyone present wished to speak in opposition of the extension of the Special Use Permit. Mr. Michael David Kalnen commented in opposition. Vice Chairman Retchin MOVED, SECONDED by Commissioner O'Shields that the Special Use Permit be extended for six months with all of the conditions that were originaly imposed. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Vice Chairman Retchin Chairman Barfield Voting Noe:' Commissioner O'Neal I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF LYNN AVENUE, WEST OF PARK PLACE MOBILE HOME PARK IN A RA RURAL AGRICULTURAL DISTRICT Planning Director Hayes and Planner Avery presented slides and gave background information on the-issuance of a Special use Permit to locate a mobile home on Lynn Avenue. Chairman Barfield asked any persons wishing to testimony to step forward to be sworn in by the Clerk. following persons were sworn in: give The Mr. T. R. Kalnen Mr. David Kalnen Mr. Marty Kalnen Ms. Charlene Pete Mr. Charles Pete, Jr. Mrs. Jo Sondey Mr. Melvin Eward Mr. Peter Braak Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following persons commented: I Mr. T. R. Kalnen, the petitioner and Mr. Michael David Kalnen, commented that this mobile home was located in the middle of 35 acres, has the necessary square footage and is in general conformity with the County Land Use Plan being classified as general rural agriculture. Commissioner O'Shields expressed concern that the mobile home was located on the property before the Special Use Permit was issued and stated that the owner could place a double wide mobile home on the property without a Special Use Permit. Chairman Barfield asked if anyone- was present to speak in opposition of the Special Use Permit. The following persons commented: Mr. Charles Pete, Jr., commented that the mobile home had been in place for three months, an electrical pole was installed by CPL for a purpose not connected with the mobile home and an improvement permit has been issued by the Health Department. He further stated that Mr. Kalnen is not in compliance with the 142 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT TO PLACE A MOBILE HOME ON LYNN AVENUE (CONTINUED) Zoning Ordinance. Mr. Pete stated the residents feel that the addition of mobile homes in their neighborhood would substantially reduce the value of all adjoining property and asked the Commissioners to carefully consider any more requests for mobile home permits in the area. Mr. Melvin Eward, adjoining property owner, spoke in opposition of issuance of the Special Use Permit. Ann Hines, Zoning Enforcement Officer, was sworn in by the Clerk, and gave the history of this Special Use Permit application. Upon investigation in January, she found that no permits had been issued for the electrical connections or septic tank, except for an electrical permit issued for a connection to serve a hog pen and possibly a pump. Commissioner O'Shields MOVED, SECONDED by Vice Chairman Retchin to deny issuance of Special Use Permit number S-261 based on the request not satisfying the third general requirement of the Zoning Ordinance. Mr. Michael David Kalnen spoke further in favor of the permit as he was already living there. Improvements had been made, increasing the tax dollars for the County and asked the Commissioners to let him live on his property. Mr. Marty Kalnen, adjoining property owner, commented in favor, stating that the Special Use Permit would not devalue his property. After further discussion, Chairman Barfield called for a vote. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Vice Chairman Retchin Chairman Barfield Voting Noe: Commissioner Dolan Commissioner O'Neal A copy of the Order Denying the Special Use Permit is contained in SUP Book I, Page 1&. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE EAST SIDE OF OLD AVENUE, SOUTH OF PARMELE ROAD IN AN R-20 RESIDE~TIAL DISTRICT Planning Director Hayes and Planner Avery presented slides and gave background information on the issuance of a Special Use Permit to locate a mobile home on Old Avenue. Chairman Barfield asked any persons wishing to testimony to step forward to be sworn in by the Clerk. following persons were sworn in: give The Ms. Teena Blackburn Mr. James Sandy Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Ms. Teena Blackburn, petitioner, commented in favor of the Special Use Permit. Chairman Barfield asked if anyone was present to speak in opposition of the Special Use Permit. No one appeared to speak in opposition. After a brief discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Dolan to grant the Special Use Permit 14; MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) SPECIAL USE PERMIT TO LOCATE MOBILE HOME ON OLD AVENUE (CONTINUED) accepting the plan by the petitioner and the findings of facts as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, page 19. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE SOUTH SIDE OF MARATHON AVENUE, APPROXIMATELY 200 FEET WEST OF BAVARIAN LANE IN A RA RURAL AGRICULTURAL DISTRICT Dexter Hayes and Planner Avery presented slides and gave background information on the issuance of a Special Use Permit to locate a mobile home on Marathon Avenue. Chairman Barfield asked anyone wishing to give testimony to step forward to be sworn in by the Clerk. The following persons were sworn in: Mrs. Lawrence Southerland Chairman Barfield asked if anyone present wished to speak in favor of the issuance of the Special Use Permit. The following person commented: Mrs. Lawrence Southerland, petitioner, commented in favor of the Special Use Permit. Chairman Barfield asked if anyone was present to speak in opposi tion of the Special Use Permi t. No one appeared to comment. I Chairman Barfield closed the Public Hearing. After discussion, Vice Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to grant the Special Use Permit accepting the plan of the petitioner and findings of facts as presented by the Planning Staff, with the condition the mobile home be a doublewide and underpinned/skirted. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order Granting the Special Use Permit is contained in SUP Book I, page 19. BREAK Chairman Barfield recessed the meeting for a break at 9:04 o'clock P.M. until 9:15 o'clock P.M. APPROVAL OF CONSTRUCTION OF HANGAR BY EXPERIMENTAL AIRCRAFT ASSOCIATION AT NEW HANOVER COUNTY AIRPORT County Manager Cooper recommended that the Expermimental Aircraft Association be allowed to construct a strat-O-spand building for a hangar at the New Hanover County Airport. I County Attorney Pope stated the Airport Ordinance is not clear, recommending the Board clarify it, considering some amendments to the Ordinance so that it will be clear in the future. Mr. Glen Moore, President of EAA, commented that the Firewall mentioned in Mr. Conklin's letter was not necessary. Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to allow the strat-O-spand building be constructed by the specific plan requested, complying with interpretation of regulations by the Inspections Director and County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Inspections Director's memorandum concerning the request is contained in Exhibit Book XIV, Page 8. 144 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL OF REQUEST DENIED BY THE PLANNING BOARD TO REZONE APPROXIMATELY 4.0 ACRES ON THE EAST SIDE OF U. S. 421 OPPOSITE EQUESTRAIN ESTATES TO B-1. BUSINESS FROM R- 15 RESIDENTIAL Planning Director Hayes and Planner Avery presented slides and gave background information on the request to rezone approximately 4.0 acres on the east side of U. S. 421 opposite Equestrian Estates to B-1 Business from R-15 Residential, stating the Planning Board recommended denial. . Mr. Doug Clifton, representing the property owners commented in favor of the rezoning. Chairman Barfield asked if anyone present wished to speak in opposition of the rezoning request. Mr. Donald Peterson commented in opposition of the rezoning stating that the citizens of his neighborhood do not feel it is necessary to commercialize their area. Mrs. Barbara Denkins commented on the health hazards of the noise created by the proposed business. Mr. Danny Weddle, resident of Equestrian Estates, commented in opposition of the rezoning. After discussion, Commissioner O'Neal MOVED, SECONDED by Vice Chairman Retchin to deny the request as it does not comply with the policies for growth and development which causes cluster development of both commercial and residential use. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY 1.0 ACRES ON THE NORTH SIDE OF MARKET STREET WEST OF LENNON DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the petition to rezone approximately 1.0 acres on the North side of Market Street West of Lennon Drive to B-2 Business from R-15 Residential. The Planning Board and Staff recommended approval of the rezoning. Chairman Barfield asked if anyone present wished to speak in opposition of the rezoning request. No one appeared for comment. Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to grant the request, rezoning property on the north side of Market Street west of Lennon Drive to B-2 Business from R-15 Residential. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance amending the zoning map of Zoning Area No. 9A of New Hanover County as adopted July 1, 1972 is contained in Zoning Book I, Section 9A, page 27. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY 2.2 ACRES ON THE SOUTH SIDE OF KERR AVENUE, WEST OF BLUE CLAY ROAD TO A-R AIRPORT RESIDENTIAL FROM A-I AIRPORT INDUSTRIAL Planning Director Hayes and Planner Avery gave background information on the rezoning, suggesting approval. Vice Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to approve the request rezoning property on the south side of Kerr Avenue, west of Blue Clay Road to A-R Airport Residential from A-I Airport Industrial. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance amending the zoning map of zoning area: Airport of New Hanover County, adopted October 4, 1986, is contained in Zoning Book I, Airport Section, Page 6. 14: MINUTES OF REGULAR MEETING, MARCH 10,. 1986 ( CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING AND SUBDIVISION TEXT AMENDMENT, AMENDING THE ZONING AND SUBDIVISION TEXTS TO LIMIT BUILDING PERMIT ISSUANCE UNTIL A FINAL PLAT HAS BEEN RECORDED Planning Director Hayes stated that the staff continues to have problems in ensuring that all subdivision site plans meet all of the County regulations, and assigning addresses based on preliminary maps that are likely to change. He suggested an amendment to the Zoning and Subdivision Texts to limit building permit issuance until a final plat has been recorded. I Mr. Tim Winstead, representing Southern Bell Telephone Company, commented in favor of the Text Amendment stating that a problem exists with residents moving into their house before a street address is assigned. Commissioner O'Shields stated that if the existing regulations were enforced, it would eliminate the problems, that because of the new computer permit system in the Inspections Department, a master number will be assigned, giving them ability to expedite permits and answer questions much faster. Mr. Randy Peebles, Carolina Power and Light representative, stated that assigning an address prior to the time of construction will simplify the work of the power company. Vice Chairman Retchin asked for clarification of having a final plat recorded before any permits are issued, and what in addition to the actual layout does the Planning Department require? Commissioner Dolan suggested that approval of the text amendment be TABLED until the new computer system in the Inspections Department is working. Commissioner Retchin asked that the Planning Department recommend some system of a street name and number identification the first time a project is first presented. I Commissioner O'Neal MOVED that the Text Amendment be deferred until the next meeting due to the controversy. The MOTION DIED FOR THE LACK OF SECOND. It was a consensus of the Commissioners to instruct the Planning Staff to enforce the present Subdivision Regulations. Commissioner O'Shields requested Ann Hines, Zoning Enforcement Officer, to discuss the matter concerning the ability to quickly recall whether or not compliance with the subdivision regulations have been followed, with the Inspections Director. PUBLIC BEARING TO CONSIDER AN ORDER TO CLOSE AN UNNAMED ROAD LOCATED WEST OF INTERSECTION OF CASTLE HAYNE ROAD AND MARATHON AVENUE Planning Director Hayes gave background information on the request, stating that staff has no objection to closing the road. Chairman Barfield asked if anyone present wished to speak in favor of or' in opposition to' the request. I Ms. Diane Bryant commented in favor of the road closing, stating there was no indication that a road was there. Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve closing the unnamed road located west of intersection of Castle Hayne Road and Marathon Avenue. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Order is contained in Exhibit Book XIV, page 9. 146 ( MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) ADOPTION OF RESOLUTION URGING STATE LEGISLATURE TO CONSIDER TRANSFER OF NORTH CAROLINA HIGHWAY PATROL FROM HIGHWAY FUND TO GENERAL FUND Vice Chairman Retchin stated that this proposed resolution was requested by the Department of Transportation in an effort to free-up the $65,000,000 from the Highway funds. Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt the Resolution Urging State Legisature to Consider Transfer of North Carolina Highway Patrol From Highway Fund to General Fund. Upon vote, the MOTION CARRIED UNANIMOUSLY. The Resolution is contained in Exhibit Book XIV, page 9. APPROVAL OF FUNDING THE FRIENDSHIP FORCE The Commissioners discussed a request from The Friendship Force for funding in a similar amount the City of Wilmington has contributed to assist in financing official functions during the stay of forty Friendship Force ambassadors from Berlin, Germany, who will be in the Wilmington area March 28 through April 4. Mr. Tim Winstead, a member of The Friendship Force commented. Commissioner O'Shields MOVED, SECONDED by Vice Chairman Retchin to approve funding in the amount of $500. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner O'Shields Vice Chairman Retchin Chairman Barfield Voting Noe: Commissioner Dolan Commissioner O'Neal DISCUSSION OF REQUESTING LEGISLATORS TO ALLOW COUNTIES TO COLLECT FINES ON VIOLATIONS OF COUNTY CODE AND TO CONSIDER APPROPRIATE AMENDMENTS TO THE COUNTY CODE Vice Chairman Retchin stated that legislation is necessary for Counties to enforce the County Code without court action. County Attorney Pope stated that a new criminal classification is a non-criminal infraction having to do with motor vehicle activity and the new law provides that the fines will go to the Board of Education. Mr. Pope was addressing the parking fines. Vice Chairman Retchin expressed the fact that he was interested in all ordinance violations that can be addressed without court action. After a lengthy discussion, Chairman Barfield suggested that Vice Chairman Retchin and County Attorney Pope' study this recommendation further and place the item on a future Agenda. DISCUSSION OF PROPOSED RESOLUTION REGARDING CHARLOTTE MAYOR HARVEY GANTT'S PROPOSAL TO ESTABLISH NEW LOCAL OPTION TAXES FOR COUNTIES AND CITIES Vice Chairman Retchin discussed the proposed resolution regarding Charlotte Mayor Harvey Gantt's proposal to establish new local option taxes for counties and cities, which would allow local governments by referendum, go to the voters, present their case for additional revenues, for a specific type of tax for a specific purpose without having to go to the Legislature to get permission. This Resolution supports this type of legislation and urges our Legislators to support it. Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt the resolution. Mr. Mike Vaughn commented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Resolution is contained in Exhibit Book XIV, page 10. 14' .7~.. MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) APPOINTMENT OF FRED RETCHIN TO THE REGIONAL EMERGENCY MEDICAL SERVICE ADVISORY COUNCIL OF THE CAPE FEAR COUNCIL OF GOVERNMENTS Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to appoint Vice Chairman Fred Retchin to the Regional Emergency Medical Service Advisory Council of the Cape Fear Council of Governments. Upon vote the MOTION CARRIED UNANIMOUSLY. I APPOINTMENT OF BOARD OF FIRE COMMISSIONERS Commissioner Dolan MOVED, SECONDED by Vice Chairman Retchin to appoint Walter R. Koberger to serve as a representative of the South Wilmington Fire District for a term of two years. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner O'Shields MOVED, SECONDED by Vice Chairman Retchin to appoint Gordon Belcher to represent the Castle Hayne Fire District for a term of two years. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to appoint Edward E. Worrell to repre$ent the Ogden Fire District for a term of one year. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to appoint J. D. Munroe to represent the Winter Park Fire District for a term of one year. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner 0' Shields MOVED to appoint Vice Chairman Retchin to represent the County Commissioners on the Board of Fire Commissioners. The MOTION DIED for lack of second. I Commissioner O'Neal MOVED, SECONDED by Chairman Barfield to appoint Commissioner Dolan to represent the County Commissioners on the Board of Fire Commissioners. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Neal Vice Chairman Retchin Chairman Barfield Voting Noe: Commissioner O'Shields Vice Chairman Retchin MOVED, SECONDED by Commissioner Dolan to ratify the appointment of the following people by the Fire Inspections Committee, to serve on the Board of Fire Commissioners representing the Volunteer Fire Departments as follows: Harry Bennett, Seagate Volunteer Fire Department for a two year term. Leonard McDowell, Federal Point Volunteer Fire Department, for a one year term. Aubrey Rivenbark, Myrtle Grove Volunteer Fire Department, for a two year term. I William Rivenbark, Wrightsboro Volunteer Fire Department, for a one year term. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Commissioner O'Shields suggested a letter be written to the Ci ty Counci I requesting adoption of an Ordinance regarding the length of trains going through the City. DISTRICT FOUR MEETING OF NCACC TO BE HELD IN WILMINGTON Commissioner O'Shields advised the Commissioners that a District meeting of the North Carolina Association of County Commissioners is scheduled for Thursday, Marqh 27, 1986, at the 148 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS (CONTINUED) NCACC DISTRICT FOUR MEETING SCHEDULED (CONTINUED) Hilton Inn, beginning at 7:00 o'clock P.M. The purpose of the meeting is for a Legislative Update. District four includes Pender, New Hanover, Brunswick and Columbus Counties. CONSIDERATION OF APPOINTMENT OF FIRE INSPECTOR FOR NEW HANOVER COUNTY Commissioner Dolan expressed the need for a Fire Inspector for New Hanover County. County Manager Cooper stated that the position has been recommended in the budget for next year, that he would need a job description for the position. He recommended that Commissioner Dolan request the Fire Inspections Committee to describe the duties for the position. COMMISSIONER O'NEAL EXPRESSED THANKS FOR CONCERNS WHEN HE WAS IN THE HOSPITAL Commissioner O'Neal thanked the Commissioners for their concerns when he was in the hospital recently. He stated he was treated exceptionally well. FLEMINGTON/EPA LAWSUIT County Attorney Pope requested that the Commissioners become familiar with the proposed Ordinance so that at such time of final approval of EPA and. the Department of Justice, that the Ordinance can be presented for approval in its final form. County Attorney Pope requested approval of a form of funding in the amount of $87,500 which represents the 17 1/2 percent County share of the costs, to be used to pay the costs of implementing the Consent Decree in the Flemington Lawsuit. Commissioner O'Shields MOVED, SECONDED by Vice Chairman Retchin to approve funding in the amount of $87,500 to be used to pay the costs of implementing the Consent Decree in the Flemington Lawsuit. Upon vote, the MOTION CARRIED UNANIMOUSLY. RESULTS OF MEETING WITH F .A.A., JETSTREAM AND COUNTY OFFICIALS - AIRPORT FIXED BASE OPERATOR LEASES As a result of the meeting with F.A.A. officials, Assistant County Attorney Silliman recommended that the Commissioners recind approval of leases for Air Wilmington, Inc. and Wilmington General Aviation, Inc. made in January, and make the changes to Jetstream lease as recommended in his memorandum. County Attorney Pope stated that new leases for consideration would be submitted for approval, which contain recommendations by F.A.A. Commissioner O'Shields stated that since he was not in attendance at the meeting held with F.A.A., he would like to ask questions concerning the Jetstream Lease. He asked approximately how much land would be under their new lease, since they had asked for 23 acres and now say they want less land? Chairman Barfield and Assistant County Attorney Silliman stated that the amount of acreage has not been worked out, but it was pointed out that 23 acres should only be leased to Jetstream if conditions were placed on their developing that within a reasonable period of time and according to a plan. The decision was, rather than have those two conditions on their development of the acreage that they would rather take a lesser acreage and not have any conditions on their developing it within a specific time period. The new acreage might be approximately 12 acres. It is the area that is outlined on Schedule A. Commissioner O'Shields asked if the reduced acreage would be compatible with other development in that general area? Mr. Silliman stated that the Airport Manager indicated that he thought it would be compatible. 14 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) FIXED BASED OPERATOR LEASES (CONTINUED) I Commissioner O'Shields stated that Item 7 on the Consent Agenda was approval for Robb and Associates to appraise property that Jetstream is going to lease, and he assumes that based upon the action requested, that Mr. Robb will not do any of that work until such time as there has been a determination and agreement reached on what property Jetstream will actually lease. County Manager Cooper stated that has already been generally agreed upon. Commissioner O'Shields asked benefit, on the changes necessary to for elaboration for his the other two contracts. Mr. Silliman stated that a suggestion was made that when all of the appraisals of the hangars and other improvements on the Airport were made, the County would give some consideration of charging the new fixed base operator, Wilmington General Aviation, for the hangars that they are taking over from the former Aeronautics. The suggestion was made to the County that since this was a new lease beginning with a new fixed base operator that the County consider negotiating an agreement where the operator would pay rent on those hangars, not just automatically be enti tlced to use them as the old tenant Aeronautics was entitled to use them. That was the reason for the change in the Wilmington General Aviation and the Air Wilmington leases. The recommendations were that their rental rates for hangars and other improvements be put on the same basis as Jetstream. I Commissioner O'Shields asked if the County's liability is protected on the ~tandpoint of the recommendations? County Attorney Pope stated that it was requested by the Insurance Advisory Committee to establish a 60 day maximum for the temporary spray painting. Mr. Silliman stated that he was informed there were no serious problems with insurance coverages given the precautions that are being taken, the coverage is adequate, with the many conditions that are put on the use of the premises with the understanding there will be no further extension. Commissioner O'Shields asked if the actions that were taken today, are going to lay the issue to rest once and for all? Chairman Barfield stated that if everyone followed suit with what was agreed on during the meeting, it is a good foundation for going forward. Commissioner O'Shields asked if there had been any signoff by Jetstream that they are in agreement with the recommendations the Commissioners are requested to approve? County Manager Cooper stated that Jetstream and F.A.A. are in agreement, that if these changes are made the County will be in compliance with F .A.A. procedures. I Commissioner O'Shields asked if the other fixed operators were aware of the request to rescind action on previously approved leases? Mr. Silliman's answer was County Attorney Pope stated that they had never aqted on leases. base the no. the After further discussion, Commissioner Dolan MOVED, SECONDED by Vice Chairman Retchin to adopt the agreement contained in Mr. Silliman's memorandum to the County Commissioners, dated March 10, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. The letter of reference is contained in Exhibit Book XIV, Page 10. 150 MINUTES OF REGULAR MEETING, MARCH 10, 1986 (CONTINUED) ADJOURNMENT Vice Chairman Retchin MOVED, SECONDED to adjourn the meeting. Upon vote, UNANIMOUSLY. by Commissioner O'Neal the MOTION CARRIED Chairman Barfield adjourned the meeting at 10:55 o'clock P.M. Respectfully submitted, J1:e;g,~rk MINUTES OF SPECIAL JOINT MEETING WITH WILMINGTON CITY COUNCIL AND THE NEW HANOVER COUNTY GOVERNMENTAL UNITS CONSOLIDATION CHARTER COMMISSION, MARCH 13, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session with the Wilmington City Council and the New Hanover County Governmental Units Consolidation Charter Commission on Thursday, March 13, 1986, at 7:30 o'clock A. M. in the Captain's Room of the Heart of Wilmington Motel, Wilmington, North Carolina. Members present were: Commissioners Nolan O'Neal, Fred Retchin and Chairman Jonathan Barfield, Sr.: County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Deputy Clerk to the Board, Joyce Bragg. Wilmington City Councilmembers present were: Councilmembers Robert Shipp; Katherine Hoyt; Luther Jordan; Irving Fogler: Mayor Berry Williams: City Manager William Farris, and City Attorney Tom Pollard. Members of the Consolidation Charter Commission present were: Eleanor Callum; Douglas Campbell, Katherine Moore, Inness Carlson, Charles E. Shuford, Jr.; Derick Davis; Marjorie Spearman; James Sandy; Owen Ludlow; Mary Lynn Hardee; Mike Davis; H. P. Wooodard, Jr.; Ralph Kornegay; and Walter Baker. Mayor Williams called the meeting to order at 7: 30 o'clock A.M. and welcomed the Consolidation Charter Commission, expressing City Council's appreciation for their interest in serving. Councilmember Shipp gave the invocation. r DISCUSSION OF STAFF ASSISTANCE, OFFICE SPACE AND INFORMATION AVAILABLE Chairman Barfield thanked the members of the Consolidation Charter Commission for accepting the appointment and their willingness to work on this commission. Mr. Barfield stated that the County Attorney and the City Attorney would assist the Commission and staff would be hired to assist them as needed and recommended by the two legal departments. Mayor Williams stated that the Commission would elect their Chairman, encouraging them to set up their first meeting as soon as possible. County Manager Cooper stated that there were three or four file boxes in the Administration Office as a result of the