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HomeMy WebLinkAbout1986-12-01 Regular Meeting MINUTES SPECIAL MEETING OF NOVEMBER 21, 1986 (CONTINUED) 357 RECOGNITION OF COMMISSIONER W. ALBERT CORBETT, JR. Chairman Barfield recognized Mr. Albert Corbett as the newly elected Commissioner who will be taking office the first of December. ADJOURNMENT Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to adj ourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. I Chairman Barfield adjourned the meeting at 8:49 o'clock A.M. Respectfully submitted, Lucie F. Harrell Clerk MINUTES OF REGULAR MEETING, DECEMBER 1, 1986 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 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. I 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. Chairman Barfield called the meeting to order. Reverend Duane Cooke, Pastor of Cape Fear Gospel Rescue Mission gave the invocation. APPROVAL OF MINUTES Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of November 3, 1986, as presented with a correction on Page 3 of the word Airport to Air Masters. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Retchin MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of November 17, 1986, as presented with addition of the following comment by Commissioner Dolan: I commissioner Dolan requested the County Attorney to contact the Attorney General with reference to counties having authority to set standards which may exceed state standards for discharge of waste treatment package plants. Upon vote, the MOTION CARRIED UNANIMOUSLY. OATHS OF OFFICE COMMISSIONERS Clerk to the Oaths of Office Commissioners: ADMINISTERED TO NEWLY ELECTED COUNTY Board, Lucie F. Harrell, administered the to the following newly elected County Commissioner Nolan O'Neal 358 MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) Commissioner W. Albert Corbett, Jr. Copies of the Oaths of Office are contained in Exhibit Book XV, Page 1. BREAK Chairman Barfield recessed the meeting for a break from 7:11 o'clock P.M. to 7:25 o'clock P.M. ELECTION OF CHAIRMAN Chairman Barfield nominations for Chairman ensuing year. opened the floor to receive of the County Commissioners for the Chairman Barfield nominated Vice-Chairman Retchin. Commissioner Dolan nominated Commissioner O'Neal. There being no other nominations, Chairman Barfield declared the nominations closed. Commissioner Dolan MOVED, SECONDED by Commissioner Corbett to elect Commissioner O'Neal as Chairman. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Dolan Commissioner O'Neal Abstaining: Chairman Barfield Vice-Chairman Retchin Immediate Past Chairman Barfield expressed appreciation to the Board of Commissioners and staff for their cooperation during past year. He stated being Chairman had been enjoyable particularly with the support and cooperation of the citizens of New Hanover County. Commissioner Dolan and other Board Members, expressed appreciation to Commissioner Barfield for his service given to New Hanover County requesting he stand for recognition. ELECTION OF VICE-CHAIRMAN Chairman O'Neal opened for Vice-Chairman of the ensuing year. the floor to receive nominations County Commissioners for the Commissioner Corbett nominated Commissioner Dolan. There being no other nominations, Chariman O'Neal declared the nominations closed and Commissioner Dolan was elected Vice-Chairman by acclamation. RECESS OF REGULAR MEETING TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT Commissioner Dolan MOVED, SECONDED by Commissioner Corbett to recess the Regular Session to hold a meeting of the Water and Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal recessed the meeting at 7:36 o'clock P.M. Chairman O'Neal reconvened the meeting to Regular Session at 7:47 o'clock P.M. NON-AGENDA ITEMS Chairman O'Neal asked if anyone from the general public wished to speak on an item not listed on the Regular Agenda or any item listed on the Consent Agenda. No one commented. MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) 35 ! APPROVAL OF CONSENT AGENDA Commissioner Retchin requested deletion of the Budget Amendment for the Courthouse Renovation Phase since this item was recorded in the minutes of November 3, 1986. I Vice-Chairman Dolan commented on Item #1 pertaining to ABC law enforcement by the Sheriff's Department and, for the record, complimented Lt. Sidney Causey, officer in charge of the Vice and Narcotic Unit, for outstanding work of drug enforcement in New Hanover County~ After discussion, Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the fOllowing Consent Agenda items deleting the Budget Amendment under Item #4. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Interlocal Agreement for ABC Law Enforcement The Commissioners approved an Interlocal Agreement between the New Hanover County Alcoholic Beverage Control Board, the Sheriff of New Hanover County, and New Hanover County for the Sheriff's Department assuming law enforcement responsibility of the ABC law in New Hanover County. Award of Bid for Reader Printer - Register of Deeds The Commissioners awarded the lowest responsible bid to Eastman Kodak Company of Charlotte in the amount of $16,995 for a Reader Printer for the Register of Deeds. I Ratification of Appointment of Mr. Reginald Butcher to Board of Adjustment - Carolina Beach The Commissioners ratified the request by the Town of Carolina Beach to appoint Mr. Reginald Butcher to the Board of Adjustment as an extraterritorial alternate member. Budget Amendments Entered Into Record The following Budget Amendments were approved by the Budget Officer and are being reported for entry into record: 87-00000072 Water and Sewer Debit Credit FMHA Project - Phase I Pipe Line - Bid Awarded General Contractor $151,650 $151,650 To amend Budget Amendment 87-00000071 (original) 87-00000087 Capital Project - Airport Debit Credit Contingencies Inspections $558 $558 Change order in Airport East Ramp Access I Acceptance of Budget Resolution Presented by the Board of Trustees of Cape Fear Technical Institute The Commissioners accepted the Budget Resolution presented by the Board of Trustees of Cape Fear Technical Institute for appropriated funds for the operation of the Insti tute in the State Current Fund for the Fiscal Year beginning July 1, 1986 and ending June 30, 1987. Approval of Contract for Consulting Engineering Services for Hoggard/Hugh MacRae Athletic Fields Project The Commissioners authorized the Chairman to execute a contract between New Hanover County and Andrew and Kuske Consulting Engineers, Inc. in the amount of $25,800 for consulting engineering services for development of Hoggard/Hugh MacRae athletic fields. 360 MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) Ratification of Sub-Consultant Agreement Needles Tammen & Bergendoff - Architectural Hanover County Airport The Commissioners ratified a with Howard, Needles Tammen & management, engineering, and involving the new terminal complex. wi th ,Howard, Services - New sub-consul tant agreement Bergendoff for project architectural services A copy of the agreement is on file in the County Manager's office. RECOGNITION OF WILLIAM J. MURRAY FOR SERVICE WITH THE OGDEN/NEW HANOVER RESCUE SQUAD Chairman O'Neal, on behalf of the Commissioners, presented a certificate of appreciation and resolution to Mr. William J. Murray for 12 years of service with the Ogden/New Hanover Rescue Squad. He expressed appreciation to Mr. Murray for his dedication and loyalty to rescue work in New Hanover County. APPROVAL OF PUBLIC OFFICIALS BONDS Assistant County Attorney Silliman presented resolutions for approval of Public Officials Bonds. After discussion of state required minimums of the public bonds, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to adopt the resolutions as presenteq. Copies of the resolutions are contained in Exhibit Book XV, Page 1. PUBLIC HEARING FOR A SPECIAL USE PERMIT MODIFICATION Planning Director Hayes gave background information on the modification stating the Planning Staff had approved the basic redesign of buildings housing four units each but the request for an additional unit must be approved by the County Commissioners. Chairman O'Neal opened the Public Hearing asking anyone present wishing to give testimony to step forward to be sworn in the by the Clerk. The following person was sworn in: Mr. Jay DeChesere Chairman O'Neal asked if anyone present wished to speak in favor of the modification of the Special Use Permit. The following person commented: Mr. Jay DeChesere, the petitioner and architect of Bradley Creek Condominiums, stated the request would increase the number of living units from twenty to twenty-one. He stated this change would be more favorable to the development by: (1) increasing the open space per unit; (2) reduction of paved areas; and (3) all units will be end units. He requested approval of the modification as presented. Chairman O'Neal asked if anyone present wished to speak in opposition to modification of the Special Use Permit. No one commented. After discussion, by Vice-Chairman Dolan Special Use permi t as CARRIED UNANIMOUSLY. Commissioner Retchin MOVED, SECONDED to approve the modification of the requested. Upon vote, the MOTION MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) 36: I DISCUSSION OF AIRCRAFT MOVEMENT AREA VEHICLE OPERATORS' POLICY - NEW HANOVER COUNTY AIRPORT Airport Manager Shackelford gave background information on the proposed Aircraft Movement Area Vehicle Operators' policy which has been initiated due to eight runway and taxiway incursions since July 5, 1986 to present. He stated in order to comply with FAA recorrunendations for control of these incursions, two sections of the New Hanover County Code would have to be amended. He presented the following proposed amendments with a revised policy changing AMA (Aircraft Moving Area) to RCA (Radio Control Area): Section 2.5 - 9 Add paragraph (4) to read "A paid civil penalty of $1,000 may be levied against an airport tenant organization for a runway or taxiway incursion". Section 2.5 - 81 (2)(e) should be changed to read "No person shall operate a motor vehicle in the movement area without appropriate visual identification clearly discernible from the control tower. Such identification shall be either an amber strobe light or an amber rotating beacon. Section 2.5 - 81 (2)(f) Delete subparagraph (f) which authorizes up to five (5) vehicle permits for each FBO and renumber subparagraph (g) to subparagraph (f). Section 2.5 - 82 (10) should be changed to read "In the event a vehicle operating on the ATCT-RCA experiences radio failure, the operator must stop the vehicle clear of the pavement facing the control tower and flash the headlights ON and OFF. The vehicle must remain stopped until the tower controller sends a vehicle with an operable radio to assist. I Section 2.5 82 (16) Delete this paragraph. It refers to use of light signals in case of radio failure and should be superseded by new (10) above. Renumber (17) and (16). Airport Manager Shackelford recorrunended approval of the policy and amendments to the County Code as listed above with an effective date of January 15, 1987, in order to allow time for implementation which will require training of personnel and acquisition of equipment. Vice-Chairman Dolan questioned the $1,000 penalty asking if the amount could be mitigated. County Attorney Pope stated the County did not have authority at this time to levy such a pena I ty . He s ta ted the Board of corrunissioners would have to consider a local act for presentation to the North Carolina Legislature. County Manager Cooper stated the intent of the $1,000 penalty was to be able to recover only the fine incurred by the County for a runway incursion. He stated FAA fined the County $1,000 for each incident, not the individual. I Corrunissioner Corbett expressed concern for public safety recorrunending a stiff penalty for runway incursions. He requested proceeding with a local bill, if necessary, stating fuel trucks should not be crossing the aprons or runways of the airport. Mr. Claud O'Shields, Jr., a former County Corrunissioners, corrunented on a telegram received from FAA defining fuel trucks as nonessential. He stated fuel trucks should be licensed and capable of driving on state highways. After further discussion, corrunissioner Retchin MOVED, SECONDED by Corrunissioner Corbett to adopt the Aircraft 362 MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) Movement Area Vehicle Operators' policy with approval of amendments to the County Code with the exception of the first amendment to Section 2.5 9 pertaining to a paid civil penalty of $1,000. Chairman Vice-President discussion. O'Neal, upon request of of Jetstream, opened Mr. Fraser Perry, the floor for Mr. Perry expressed concern for Paragraph 4, General Policy, excluding fuel trucks stating this policy would require Jetstream to circle the Airport on public highways. He also expressed concern for Paragraph 7, Testing Procedures, requiring fuel trucks to have current state registrations and inspection stickers. He stated this was contrary to most airports in that fuel trucks were not operated on a state road; therefore, licensing and registration were not necessary. He requested the Commissioners not to adopt the policy. A lengthy discussion was held on not allowing fuel trucks to cross runways and the definition of nonessential vehicles. Commissioner Dolan expressed concern for the language used in Paragraph 4 stating this item should be clearly defined. He also expressed concern for the County Attorney not receiving and reviewing documents in advance of meetings stating all documents should be reviewed by the County Attorney in order for proper legal counsel to be given to the Board. Mr. Ed Samuels, President of Jetstream, commented on the FAA's intention when referring to nonessential vehicles. He stated the term meant that all nonessential fuel trucks should be banned but that fuel trucks providing fuel to the airlines were necessary and not considered nonessential. He also commented on the danger involved when using public highways for fuel trucks. Chairman Barfield asked what other airports were doing to prevent runway incursions requesting additional information on policies and procedures being used by other airports. After a lengthy discussion of the definition of fuel trucks as nonessential, the County Manager recommended contacting Mr. Roger o. Hall, Airport Certification Inspector of the Federal Aviation Administration, to appear before the Commissioners to answer questions with reference to the definition and interpretation of nonessential vehicles. After further discussion, Chairman O'Neal made a SUBSTITUTE MOTION to delay making a decision on the proposed policy until the Board of Commissioners could schedule a meeting with FAA officials to see if there were any other alternatives. After the meeting, a decision will be made at the next regularly scheduled meeting. Vice-Chairman Dolan SECONDED the SUBSTITUTE MOTION. Upon vote, the MOTION DID NOT CARRY AS FOLLOWS: Voting Aye: Vice-Chairman Dolan Chairman O'Neal Voting Noe: Commissioner Barfield Commissioner Corbett Commissioner Retchin After further discussion, the original MOTION was amended by Commissioner Barfield, seconded by Vice-Chairman Dolan to read as follows: Approval of the Aircraft Movements Area Vehicle Operators' policy as presented effective January 15, 1987, with approval of amendments to the County MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) 36: .,. Code with exception of Section 2.5 - 9 pertaining to the $1,000 and subject to consultation with FAA officials as recommended by the County Manager. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman O'Neal recessed the meeting for a break from 9:10 o'clock P.M. to 9:18 o'clock P.M. I DESIGNATION OF DEPARTMENT OF AGING AS THE FOCAL POINT ON AGING FOR THE 1986/87 YEAR Ms. Annette Crumpton, Director of the Department of Aging, stated Ms. Linda Bedo with the Council of Governments had requested that the Department of Aging be designated as the Focal Point on Aging for the 1986/87 year. Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to designate the New Hanover County Department of Aging as the Focal Point on Aging for the 1986/87 year. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF LONG RANGE PLANS OF DEPARTMENT OF AGING Ms. Annette Crumpton, Director of the Department of Aging, gave an overview of the department discussing the following issues: I 1. Agency Purpose 2. Annual Production Summary 3. Transportation of the Aging 4. Retired Senior Volunteer Program 5. Projected Long Range Plans I. Expand existing and/or establish new services. a. Implement Housing Match Program. (2 years) b. Establish "Friends of Senior Citizens". (2 years) c. Coordinate van transportation in county's outlaying communities. (2-5 years) d. Establish 5 satellite Senior Centers. (2 years) e. Study feasibility of Aging Department preparing meals for nutrition programs. (2 years) f. Study possibilities of expanding existing facilities (offices, craft rooms, consignment shop). (2-5 years) g. Increase involvement in Alzheimers Support Group h. Study status of Postal Alert in community and feasibility of operating programs through the Aging Department. (2 years) i. Prepare retirement program for government employees. j. Advocate for elderly. k. Establish Management Information System in conjunction with AAA (mandated by the State) I. Utilize VISTA volunteers to work with HELP project in Carolina Beach. I II. Purchase van(s) with handicap lift for use in medical and/or satellite senior centers. Commissioner Dolan expressed concern about van transportation not being available to all areas of the County stating this should be corrected in order to provide the same service to all elderly citizens. He suggested some form of a schedule. for use of the van which would include all areas. Director Crumpton stated she would work with the 364 MINUTES REGULAR MEETING OF DECEMBER 1, 1986 (CONTINUED) Department of Social Services and area establishing some type of a schedule. churches in After further discussion, Chairman O'Neal, on behalf of the Commissioners, thanked Director Crumpton for an excellent presentation of current and long range plans for the Department of Aging. APPROVAL OF CONTRACT FOR DESIGN WORK FOR THE RENOVATION OF SCHAEFFER BUILDING Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the Chairman to execute the contract in the amount of $33,825 with John Sawyer, AIA, for architect and design work for the renovation of the Schaeffer Building. WELCOME OF NEWLY ELECTED COMMISSIONER, W. ALBERT CORBETT, JR. Commissioner Retchin and other Board Members welcomed Commissioner Corbett as the newest member of the board. ANNOUNCEMENT BY COMMISSIONER BARFIELD TO ATTEND A PLANNING RETREAT WITH THE CHAMBER OF COMMERCE BOARD Commissioner Barfield stated on December 3, 1986, he would be attending a Planning Retreat with the Chamber of Commerce Board at Moore' Creek Battleground to discuss the future of New Hanover County. DISCUSSION OF REQUEST BY SENATOR FRANKLIN BLOCK FOR LEGISLATIVE PRIORITIES Commissioner Barfield stated Senator Franklin Block had requested a list of legislative priorities for the upcoming legislature. He requested each Commissioner to submit a list to the Clerk by the end of the week in order to forward a letter to Senator Block. DISCUSSION OF HANGAR FOR EXPERIMENTAL AIRCRAFT ASSOCIATION Vice-Chairman Dolan requested an update from Airport Manager Shackelford on the hangar program with Experimental Aircraft Association. Airport Manager scheduled for Tuesday, the Airport Conference Commissioners. Shackelford stated a meeting was December 2, 1986, at 10:00 A.M. in Room. He requested attendance of the Airport Manager Shackelford stated a proposal had been made two months ago requesting EAA to locate their facility on one of the three fixed base operations that are currently approved under the Airport Master Plan. He stated this had not been acceptable to EAA since they desired to be located by themselves. He stated he could not recommend locating EAA in another area since this would be contrary to aviation planning and recommendations of FAA officials in Atlanta. Airport Manager Shackelford stated EAA did not have enough funds available to meet site preparation costs and build a hangar. He stated no grant funds were available from FAA to construct site preparation improvements for a single, individual tenant. After further discussion, it was the consensus of the Board for the Airport Mama.gerto forward a written status report to the Commissioners explaining all details involved in finding a solution for the problem. DISCUSSION OF COUNTY STANDARDS EXCEEDING STATE STANDARDS FOR DISCHARGE OF TREATMENT PACKAGE PLANTS Vice-Chairman Dolan asked the County Attorney if he had contacted the State Attorney General with reference to County standards exceeding minimum state standards for discharge of treatment package plants. MINUTES REGULAR MEETING OF DECEMBER 1, 1986 ( CONTINUED) 36 f county Attorney Pope stated the attorney dealing with these matters ~l~ on vacation and he would have an answer within the next week. I DISCUSSION OF LEGISLATIVE GOAL ENDORSED BY THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS Vice-Chairman Dolan expressed concern for the North Carolina Association of County Commissioners endorsing a resolution to be presented to the General Assembly asking repeal of House Bill 2130 enacted by the 1986 Legislative Session which required local governments to provide contributions in the amount of 5% to a Special Retirement Program for local law enforcement officers and pay a special separation allowance to law enforcement officers who retire early. He stated law enforcement officers were not paid enough for their work and he certainly felt counties should support a better pension fund for these officers. He asked if the New Hanover County Board of Commissioners supported this type of resolution. Commissioner Retchin, a member of the Legislative Goals Committee, stated the resolution endorsed by the State Association was requesting funding assistance to counties by the State to carry out the mandate, not asking for repeal of the bill. Commissioner Retchin stated he would furnish a copy of the proposed resolution to Vice-Chairman Dolan. CHAIRMAN O'NEAL TO BE OUT OF TOWN ON DECEMBER 3 & 4, 1986 Chairman O'Neal stated he would be in Raleigh on December 3 and 4, 1986. ADDITIONAL ITEMS - COUNTY MANAGER I Approval of Meals Contract for County Jail Assistant County Attorney Copley presented for approval a contract between the Sheriff's Department and Service America Corporation for provision of meals to the County Jail. Assistant County Attorney Copely stated the cost of meals had increased 6 cents per meal. Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to authorize the Chairman to execute the document. Upon vote, the MOTION CARRIED UNANIMOUSLY. REGULAR SESSION RECESSED TO EXECUTIVE SESSION County Attorney Pope requested Executive Session for discussion and negotiation of a lease. commissioner Retchin MOVED, SECONDED by Commissioner Corbett to recess from Regular Session to Executive Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal recessed the Regular Session to Executive Session at 10:15 o'clock P.M. Chairman O'Neal reconvened to Regular Session at 10:35 o'clock P.M. I ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to adj ourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 10:36 o'clock P.M. Respectfully submitted, rP__, .d'~ ~ F. Harrell Clerk