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1986-11-17 Regular Meeting 3~{P MINUTES OF REGULAR MEETING, NOVEMBER _)/, 1986 (CONTINUED) Discussion of Commissioners' Work Session - January 15-16, 1987 County Manager Cooper presented a tentative schedule for a Work Session to be held on January 15-16, at Pine Needles Lodge in Southern Pines after the Legislative Goals Conference held in Fayetteville on January 14-15. He asked if the Board would like for him to proceed with reservations and a tentative agenda. After discussion, it was the consensus of the Board to request the County Manager to proceed with scheduling of a Work Session in Southern Pines. Adoption of Resolution For Support of Completion of Airport Terminal As Requested by FAA County Manager Cooper presented a resolution at the request of FAA to support completion of the Airport Terminal regardless of the amount of funding made available by the Federal and State governments. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt the resolution as requested by FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIV, Page 49. ADJOURNMENT Vice-Chairman Retchin MOVED, SECONDED Dolan to adj ourn. Upon vote, the UNANIMOUSLY. by Commissioner MOTION CARRIED Chairman Barfield adjourned the meeting at 9:10 o'clock P.M. Respectfully submitted, ~d y4-a- Lucie F. Harrell Clerk MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 17, 1986, at 9:00 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners John Dolan; Nolan O'Neal; Vice-Chairman, Fred Retchin; Chairman, Jonathan Barfield, Sr.; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Commissioner O'Neal gave the invocation. NON-AGENDA ITEMS Chairman Barfield asked if anyone from the public wished to speak on an item not listed on the Agenda or any item listed on the Consent Agenda. commented. general Regular No one ~ 3 4 ~ MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) APPROVAL OF CONSENT AGENDA Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the following Consent Agenda items. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA I Approval of Report of Collector of Revenue Through October 31, 1986 The Commissioners approved the report of the Collector of Revenue for collections through October 30, 1986. A copy of the report is contained in Exhibit Book XIV, Page 50. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administration. A copy of the list is contained in Exhibit Book XIV, Page 50. Release of Penalties on Various Room Occupancy Tax Accounts The Commissioners approved release of penalties charged for late filing of Room Occupancy accounts for Crystal Pier and Motel and Wilmington Hilton Inn. Approval of Full-Time Position for Adult Health Program Nurse I - Health Department The Commissioners approved an increase of the half-time Adult Health Nurse I position with approval of the following Budget Amendment. No additional funding is necessary. I 87-00000086 - Health Department Debit Credit Adult Health Fees $5,170 Salaries FICA Retirement $4,450 320 400 Acceptance of EEOC Grant Award for 1986-87 The Commissioners accepted the 1986-87 Equal Employment Opportuni ty Commission Grant in the amount of $ 3 7 , 560 for processing of fiscal year 1987 FEP Agency TITLE VII and ADEA CHARGE resolutions processing charges for INTAKE SERVICES. Adoption of Resolution Awarding Bid for Sheriff Department Uniforms The Commissioners adopted a resolution awarding the low bid to Hub-Stinnette Uniforms, Inc., of Wilmington, N. C. in the amount of $7,825 for Sheriff Department Uniforms. A copy of the resolution is contained in Exhibit Book XIV, Page 50. I Approval of Budget Amendment - Board of Education The Commissioners approved the Board of Education's Budget Amendment in the amount $6,420 to adjust for actual state funding level. A copy of the Budget Amendment is contained in Exhibit Book XIV, Page 50. Approval of Revised and Updated Disaster Relief And Assistance Plan - Department of Emergency Services The Commissioners approved the revised and updated Disaster Relief and Assistance Plan as presented by the Department of Emergency Services. A copy of the plan is on file in the Clerk's office. 348 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 ( CONTINUED) Adoption of Proclamation Designating November 16-22, 1986, as American Education Week in New Hanover County The Commissioners adopted a proclamation designating the week of November 16-22, 1986, as American Education Week in New Hanover County. Approval of Budget Amendments - Schools The Commissioners approved the Amendments for schools: following Budget 87-00000082 Schools Debit Credit Northern & Eastern Schools Interest Interest $302,600 9,740 Middle School/Carolina Beach Addition Interest 19,661 Northern & Eastern Schools Transfer to other funds Transfer to other funds $302,600 9,740 Middle School/Carolina Beach Addition Transfer to other funds 19,961 Transfer funds from interest on school capital project to "transfer to other fund lines" on school capital projects. Funds were transferred to General Fund in FY 1986-87 budget to fund a portion of counties contribution to schools. 87-00000083 Middle School/Carolina Beach Addition Debit Credit School Building Fund Contingencies $235,019 Carolina Beach School Addition General Contractor Electrical HVAC Contractor plumbing Contingencies $ 95,635 50,930 49,662 27,085 11,707 To adjust Carolina Beach budget to actual bid awards. Approval of Budget Amendment - Garage The Commissioners approved the following Budget Amendment to increase garage revenue and expenditure related to additional vehicles and vehicle repairs in County 86/87 fleet. The expenditure is paid by departments that use the garage services. 87-00000085 - Garage Debit Credit Garage Charges $80,000 Purchase for Inventory $80,000 PRESENTATION OF RETIREMENT PLAQUE TO MR. LOUIS R. SMITH, JR. Chairman Barfield, on behalf of the County Commissioners, presented a retirement plaque to Mr. Louis R. Smith, Jr. for 21 years and 5 months service to New Hanover County in the Inspections Department. He wished Mr. Smith a happy and healthy retirement. RECOMMENDATION OF PORTS, WATERWAYS AND BEACH COMMISSION FOR OBTAINING DREDGE SPOIL AREAS County Manager Cooper gave background information on New Hanover County being sponsor for the Corps of Engineers " 34 ! .l; I MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 ( CONTINUED) dredging projects above and beyond the normal harbor dredging. He stated as sponsor of the projects the County was required to obtain dredge spoil sites to place the fill material for permanent depository. He commented on the past 5-year protection of the spoil areas stating recently the Corps of Engineers had changed the environmental impact statements to a period of 50 years or more. County Manager Cooper expressed concern for having to obtain easements for this period of time stating the Ports, Waterways and Beach Commission had been requested by the Board of Commissioners to investigate and make recommendations on obtaining spoil areas. Mr. Robert Doetsch, Chairman of the Subcommittee, investigating possible dredge spoil areas, presented and explained the following findings and recommendations after numerous meetings with the Corps of Engineers: Findings: 1. Corps of Engineers representatives are of the opinion that the Corps' Eagle Island spoil area can be used for large scale dredging operations. A smaller spoil area, conveniently located, should be provided to the county for routine annual channel maintenance dredging. 2. The Ideal/Basic property (Site 17) seems to offer little prospect because of the wetlands. 3. The proposed new shipyard area (Site 18) should be investigated by the County Attorney to determine whether or not it could be available despite the current litigation problems associated with this property. I 4. No further consideration should be given to County site designation No. 19 in that it is too small and involves wetlands. 5. The Point Peter spoil area (Site 16) owned by the Royal Heirs is available and appears to be marginally suitable (because of extreme southern location) for the purpose intended. 6. A spoil area of approximately 20-25 acres appears to be suitable to the Corps of Engineers' needs if absolute assurances of continued availability through recycling processes can be made to the County. Recommendations: 1. New Hanover County initiate negotiations with the Royal family heirs (Steve Royal) to obtain a tentative agreement for the Point Peter spoil disposal area (Site 16). Clearing the Seaboard Coastline Railroad right of way question should be assured. I 2. New Hanover County should thoroughly investigate the possibility of obtaining the shipyard properties (Site 18) to determine its availability, the timing and conditions for its possible acquisition. 3. The New Hanover County Board of Commissioners should propose to the Corps of Engineers that the Corps' Eagle Island spoil disposal areas be used for any dredging operations on the Northeast Cape Fear River channel project south of the Hilton Railroad Bridge in excess of 100,000 cubic yards of spoil materials. 4. Depending upon the conclusions of Recommendations 1 and 2 above, offer the Corps of Engineers an approximate 20-25 acre spoil disposal area (either #16 or #18) to accommodate annual channel maintenance dredging 350 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) requirements for the Northeast Cape Fear River project. Such an offer would include assurance of the long-term availabili ty of said disposal area by recycling or evacuating fill materials as required to keep within the continuously useful and available configuration. A discussion was held on costs involved and the profitability of recycling. County Manager Cooper pointed out that the County was not legally obligated to be the lead agent for the Corps of Engineers and that if costs become to absorbant, possibly commerce and industry should participate in the funding since they derive most of the benefits. After further discussion, it was the consensus of the Board to request the County Manager to investigate the recommendations made and report back to the Board. Chairman Barfield, on behalf of the County Commissioners, expressed appreciation to Mr. Robert Doetsch, and the members of the Subcommittee for their work preparing the recommendations. PRESENTATION OF PROCEDURES FOR ISSUANCE OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS BY THE STATE OF NORTH CAROLINA Mr. Chuck Waklid, Regional Supervisor of the North Carolina Department of Natural Resources and Community Development, explained the procedures for issuance of NPDES permits. He gave background information on the various types of water classifications and standards that apply to each classification. He stated any NPDES permit issued had to be tailored to meet the classifications and standards. A lengthy discussion was held on monitoring of treatment package plants and penalties imposed by the State when standards are not met. Discussion was also held on the shortage of manpower for inspections by the Department of Natural Resources. Mr. Waklid stated some counties are involving Health Departments in cooperation with the Division of Environmental Management in operating inspection programs to ensure compliance with state established regulations and standards Chairman public would commented: Barfield asked if like to speak. anyone from the The following general persons Mr. William Funderburg, a resident of Castle Hayne, expressed appreciation to the Board of Commissioners and Mr. Waklid for an excellent presentation. He expressed concern for the County having no involvement in the preliminary process of issuing a NPDES permit. He requested the Commissioners to pursue involvement of the County Health Department and Engineering Department in performing inspections of waste treatment plants to guarantee state standards and regulations are met. Mr. Funderburg also commented on the capacity of the City's Northside Treatment Plant expressing concern for inadequate capacity. Mr. Ernest Puskas, a resident of Castle Hayne, expressed concern for passage of a bond voted on by the citizens of the County to provide a county-wide sewer system to eliminate package treatment plants with rules and procedures passed by the Board of commissioners to govern the System that do not require private utility companies to tie into the system wi thin six months after availability. He stated the NorthChase Package Treatment Plant was owned by a private utility company and would not be required to tie into the system. 35 J MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) Director of Engineering and Facilities, Mr. Ed Hilton, commented on the current ordinance not requiring private utility companies to tie into the system, stating the State permitting process did require connecting to a regional system when it becomes available. I After a lengthy discussion, it was the consensus of the Board to request the County Attorney, Engineering Director, Health Director and a representative of the Division of Environmental Management to draft a procedure acceptable to all parties concerned for monitoring waste treatment plants. Chairman Barfield, on behalf of the Commissioners, expressed appreciation to Mr. Waklid for the informative presentation. BREAK Chairman Barfield recessed the meeting for a break from 10:46 o'clock A.M. to 11:02 o'clock A.M. PUBLIC HEARING FOR STREET NAME DETERMINATION AND ADDRESS ASSIGNMENTS FOR STATE ROAD 1492 Vice-Chairman Retchin MOVED, SECONDED by Commissioner 0' Neal to open the Public Hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield opened the Public Hearing. I Planning Director Hayes gave background information on determining whether State Road 1492 is officially named Myrtle Grove Road or Masonboro Loop Road. He stated the N. C. Department of Transportation recognizes the road as being Myrtle Grove Road. However, property owners along this road have indicated that Masonboro Loop Road has been the name for years. Chairman Barfield asked if anyone present wished to speak in favor of or in opposition to the road name and address assignments. No one commented. After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt an order naming State Road 1492 Myrtle Grove Road and adopt an order assigning street house numbers. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the orders are contained in Exhibit Book XIV, Page 50. ADOPTION OF BILL TO GIVE LOCAL HEALTH DIRECTOR AUTHORITY TO \IMPOSE ADMINISTRATIVE PENALTIES AND VIOLATIONS OF LOCAL BOARD OF HEALTH RULES Assistant County Attorney Copley gave background information on proposed legislation to give local Health Directors the authority to impose administrative penalties for violations of local Board of Health rules. I After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to adopt the proposed legislation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the bill is contained in Exhibit Book XIV, Page 50. RELEASE OF LISTING PENALTY 1986 - WERTHEIMER BAG COMPANY Assistant County Attorney Copley gave background information on the listing penalty stating the Tax Administrator did not oppose release of the penalty since Wertheimer's method of the value of inventory was acceptable for Internal Revenue. 352 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 ( CONTINUED) Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to release the 1986 listing penalty. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF NON-RESIDENT USE POLICIES AND FEES FOR USE OF NEW HANOVER COUNTY LIBRARY After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to adopt a non-resident use policy and registration policy as presented setting a fee at $lO annually. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the policies are contained in Exhibit Book XIV, Page 50. APPROVAL OF CONSOLIDATION OF AIRPORT WATER AND SEWER SYSTEM WITH NEW HANOVER COUNTY WATER AND SEWER DISTRICT Finance Director Atkinson gave background information on consolidating the Airport Water and Sewer System with the New Hanover County Water and Sewer District. He stated the consolidation would be more economical and efficient with rates being charged uniformly throughout the District. Chairman Barfield asked if anyone present wished to speak on the issue. The following person commented: Mr. William Funderburg asked if the National Guard would be included in the consolidation. Airport Manager Shackelford stated the National Guard owned their system. Engineering Director Hilton stated the National Guard had not been asked to become become a part of the County Water and Sewer District. Mr. Funderburg recommended contacting the National Guard at Myrtle Beach asking if they are interested in connecting to the sewer system. After further discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to consolidate the Airport Water and Sewer with the New Hanover County Water and Sewer District effective December 1, 1986, tying into the City's rates. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF PARKING FINES COLLECTED BY MUNICIPALITIES County Attorney Pope commented on the ruling of the Supreme Court of North Carolina stating that clear proceeds of all fines for violations of criminal laws, including parking fines, are required by the Constitution of North Carolina to be used exclusively for establishing and maintaining the public school system. He stated the General Assembly has recently enacted legislation allowing municipalities to retain costs of collection of parking fines not be exceed lO% of the amount collected. County Attorney Pope recommended authorizing the Chairman to write a letter to the mayor of each municipality requesting settlement of this issue and payment of the past two years' proceeds of all parking fines less 10% collection costs. County Manager Cooper stated upon receipt of the money, the County did have a choice of whether or not to pay the schools directly for additional use or electing to use funds in next year's budget for a particular project or use. After further discussion, Commissioner 0' Neal MOVED, SECONDED by Commissioner Dolan to authorize the Chairman to write a letter to the mayor of each municipality requesting settlement of this issue and payment of proceeds. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS REAPPOINTMENT OF ALLENE DRAIN TO SERVE ON SOUTHEASTERN MENTAL HEALTH RETARDATION AND SUBSTANCE ABUSE AREA BOARD Chairman Barfield stated the Mental Health Board recommended reappointment of Ms. Allene Drain to serve .g~-3 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) another three-term and requested acceptance by the Board of Commissioners. After discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to reappoint Ms. Allene Drain to serve a four-year term on the Mental Health Board expiring December 13, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPOINTMENT TO CITIZENS' SOLID WASTE TASK FORCE Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to appoint the following persons to serve on the Citizens' Solid Waste Task Force: Mr. Willard C. Robinson Mr. Harley Angus Phillips, Jr. Mr. Donald F. Petersen Mr. G. Christopher McKeithan Mr. James H. Head Ms. Mimi Cunningham Mr. Phil W. Burton Ms. Joan Brown Mr. Conrad P. Barnes Mr. Thomas J. O'Connell Mr. Carroll R.. League Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPOINTMENT OF LOUIS R. SMITH, JR. TO SERVE ON THE PLUMBING BOARD OF EXAMINERS Commissioner 0' Neal MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Louis R. Smith, Jr. to serve a three-year term on the Plumbing Board of Examiners expiring December 1, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF THOMAS J. O'CONNELL AND JOSEPH G.JOHNSON TO SERVE ON THE ZONING BOARD OF ADJUSTMENT Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Thomas J.O'Connell and Mr. Joseph G. Johnson to serve three-year terms on the Zoning Board of Adjustment expiring November 15, 1989. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner Dolan MOVED, SECONDED by Vice-Chairman Retchin to appoint Mr. Dana Eugene Page to serve as an alternate. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF MS. SUSAN E. MAKO TO SERVE ON COUNCIL ON THE STATUS OF WOMEN Vice-Chairman Retchin MOVED, SECONDED by Commissioner O'Neal to appoint Ms. Susan E. Mako to serve an unexpired term on the Council on the Status of Women. The appointment will expire on June 1, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. I MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER AND SEWER DISTRICT Vice-Chairman Retchin MOVED, SECONDED Dolan to recess from Regular Session to Meeting of the Water & Sewer District. MOTION CARRIED UNANIMOUSLY. by Commissioner hold a Regular Upon vote, the Chairman Barfield recessed the meeting at 11:41 o'clock A.M. Chairman Barfield reconvened to Regular Session at 12:01 o'clock P.M. --- 6sf MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Public Hearing For Downgrading of Water Quality Standards in Portions of Wrightsville Sound, Bradley Creek, and Bald Head Island Commissioner O'Neal announced a Public Hearing was being held by the N. C. Environmental Management Commission at 7:00 P.M. on November 17, 1986, at Bryan Morton Hall, University of North Carolina-Wilmington to consider downgrding of water quality standards in portions of certain waters of New Hanover County. He stated he felt the Board of Commissioners should express an interest in this matter stating he planned to attend. r After discussion, Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to authorize Commissioner 0' Neal to make a presentation on behalf of the Commissioners expressing concerns with downgrading of the water quality standards with submission of a written resolution from the Board of Commissioners to be forwarded to the N. C. Environmental Management Commission. A copy of the resolution is contained in Exhibit Book XIV, Page 50. Discussion of Public Safety Officer Program - New Hanover County Airport Chairman Barfield commented on complaints received with reference to conduct of Public Safety Officers at the Airport. He expressed concern for no guidelines being established to direct and guide these officers. He requested the County Manager to prepare a written proposal establishing guidelines and directions for approval by the Board of Commissioners. r Commissioner Dolan complaints which indicate guidance. He asked why a been hired. expressed concern for recent an apparent lack of training and Director of Public Safety had not County Manager Cooper stated he would discuss the item later in the meeting. Adoption of Proclamation Designating November 22, 1986, as PROJECT TASK FORCE DAY in New Hanover County Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adopt a proclamation designating November 22, 1986, as Project Task Force Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is contained in Exhibit Book XIV, Page 50. ADDITIONAL ITEMS - COUNTY MANAGER Discussion of Public Officer Safety Program County Manager Cooper stated he had received many complaints about curbside enforcement by PSO's at the Airport. He stated after several meetings with the Airport Manager, a draft had been prepared defining rules and procedures of the Public Safety Officer Program. He presented the draft for review by the Commissioners to be discussed at a later date. I County Manager Cooper stated he had directed the Airport Manager to take direct charge of the Fire Chief who administers the program. He stated the Airport Manager would be responsible for future development and training of Public Safety Officers. '---- 3 5 ~ ... MINUTES OF REGULAR MEETING, NOVEMBER 17, 1986 (CONTINUED) Chairman Barfield stressed the importance of hiring a Director of Public Safety to be in charge of the program. It was the consensus of the Board to place this item on the agenda at a future date for discussion and review. I EXECUTIVE SESSION County Attorney Pope requested the Board Executive Session to discuss the events litigation against New Hanover County. to call an of pending Commissioner Dolan MOVED, SECONDED by Commissioner O'Neal to convene from Regular Session to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield convened from Regular Session to Executive Session at 12:20 o'clock P.M. Vice-Chairman Retchin MOVED, SECONDED by Commissioner 0' Neal to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield convened to Regular Session at 12:57 o'clock P.M. ADJOURNMENT Commissioner 0' Neal MOVED, SECONDED by Vice-Chairman Retchin to adj ourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield adjourned the Regular Meeting at 12:58 o]clock P.M. I Respectfully submitted, r{) . if >i~ ~~ F. Harrell Clerk I