1986-12-01 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.
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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.
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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:
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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.
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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