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1987-01-26 Special Meeting MINUTES OF REGULAR ~ETING, JANUARY 19, 1987 (CONTINUED) 4 0 ~ Commissioner Retchin MOVED for adoption of a resolution endorsing a referendum for establishing a State Lottery. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. ADJOURNMENT Commissioner Corbett Retchin to adjourn the CARRIED UNANIMOUSLY. MOVED, meeting. SECONDED by Upon vote, Commissioner the MOTION I Chairman O'Neal adjourned the meeting at 2:20 o'clock P.M. ~e ectfully submitted, '/y~ L cie F. Harrell Clerk MINUTES OF SPECIAL MEETING, JANUARY 26, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, January 26, 1987, at 9:20 o'clock A.M. in the New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal called the Special Session to order. JOINT MEETING WITH NEW HANOVER COUNTY BOARD OF EDUCATION TO DISCUSS SCHOOL CONSTRUCTION NEEDS Ms. Lucille Shaffer, Chairman of the Board of Education, gave background information on the new five-year plan for New Hanover County. Superintendent Richard Flynn, commented on the new five-year plan discussing the following issues: 1. Laney Senior High Addition $3,000,000 The key to the entire plan. The 9th grade will move into three high schools. 2. Middle School Additions 3,500,000 3 . Miscellaneous Projects 1,500,000 I Alternative Secondary School Gym at Bellamy Elementary cafeterias, libraries, etc. Transportation Center Total Cost $8,000,000 The purposes of the plan are: ( 1) provide full middle school implementation; (2) eliminate costly, outdated buildings; (3) channel future renovations and preventive maintenance funds into remaining older but good buildings, plus adequately maintain new buildings; (4) permit potential student growth; (5) establish regional stability for student attendance zones; and (6) consider the potential of regional racial balance of schools rather than building balance. 408 MINUTES OF REGULAR MEETING, JANUARY 26, 1987 (CONTINUED) Superintendent Flynn stressed the importance of the Laney High School addition. Commissioner Barfield expressed concern for approving the original five-year plan which did not adequately provide for growth factors, such as the addition to Laney High School. Ms. reducing this was School. Lucille Shaffer commented on the General Assembly the class size at the high school level stating the reason for the need to expand Laney High r Commissioner Barfield commented on other funding needs in the County such as the Health Department Expansion and requested the County Manager to discuss these projects. County Manager Cooper gave background information on the original five-year plan and adoption of 1/2 cent sales tax at which time the Commissioners supported a bond issue in the amount of $11.5 million with pay back from the 1/2 cent sales tax and an annual allocation of $900,000 for five years to meet the $4.5 million renovation plan. County Manager Cooper commented on the new additional 1/2 sales tax levied last year, stating no funds were mandated to schools and a schedule had been adopted by the Commissioners to allocate this revenue to the Sewer System project. He commented on the expansion of the Health Department in the amount of $1.5 million stating the Commissioners will have to decide how to best utilize this additional revenue. A lengthy possibili ty of discussion was held a bond referendum to on funding with the meet school needs. After further discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to request the County Manager to meet with the Superintendent of Schools, the Director of Health, and Finance Officer to prepare a financial plan addressing all issues to be presented at the February 16, 1987 meeting. Commissioner Barfield made a SUBSTITUTE MOTION, SECONDED by Vice-Chairman Dolan to continue with present projects and request the School Board to hold a bond referendum for the $8,000,000. Upon vote, the MOTION FAILED AS FOLLOWS: Voting Aye: Commissioner Barfield Vice-Chairman Dolan Voting Noe: Commissioner Corbett Commissioner Retchin Chairman O'Neal Chairman O'Neal called for a vote on the original MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Voting Noe: Commissioner Barfield Mr. William Funderburg County's total budget asking fees to be collected from developments. expressed concern for the what was the status of impact the NorthChase and Landfall MINUTES OF REGULAR MEETING, JANUARY 26, 1987 (CONTINUED) 40! After discussion, it was the consensus of the Board to request the County Attorney to investigate the status of impact fees from these developments. BREAK Chairman O'Neal recessed the meeting for a break from 10:50 o'clock A.M. to 11:02 o'clock A.M. I PUBLIC HEARING FOR BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER The Clerk of the Board of Commissioners reported to the Board of Commissioners that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER", which had been introduced on January 19, 1987, had been published in a qualified newspaper on January 20, 1987, with notice that the Board would hold a Public Hearing thereon on January 26, 1987. The Clerk also reported that the County's Finance Officer had filed in her office a statement of debt complying with the provisions of the The Local Government Bond Act and such statements filed showed the indebtedness of the County to be 1.04% of the appraised valuation of property in said County subject to taxation. Commissioner Corbett MOVED that the Board of Commissioners proceed to hold a Public Hearing on the museum bond order. The MOTION was SECONDED by Commissioner Barfield and was UNANIMOUSLY ADOPTED. I At 11: 03 0' clock A. M., the Chairman of the Board of Commissioners announced that the Board of Commissioners would hear anyone who wished to be heard on the questions of the validity of the museum order and the advisability of issuing the bonds. At the direction of the Chairman of the Board of Commissioners, the Clerk of the Board of Commissioners read said museum bond order and the published notice of hearing. After the Board of Commissioners had heard all persons who requested to be heard, Commissioner Retchin MOVED, that the Public Hearing be closed. The MOTION was SECONDED by Vice-Chairman Dolan. Commissioner Corbett MOVED that the Board of Commissioners adopt without change or amendment and direct the Clerk of the Board of Commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER", introduced at the meeting of the Board of Commissioners held on January 19, 1987. The MOTION was SECONDED by Commissioner Retchin and was adopted UNANIMOUSLY. Commissioner Barfield MOVED, the adoption of the following resolution which was read at length to the Board: I WHEREAS, the Board of Commissioners of the County of New Hanover has adopted the bond order hereinafter described authorizing the issuance of $4,200,000 Museum Bonds and such bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County at New Hanover, as follows: (1) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds 410 MINUTES OF REGULAR MEETING, JANUARY 26 1987 (CONTINUED) , After discussion, it was the consensus of the Board to request the County Attorney to investigate the status of impact fees from these developments. BREAK Chairman O'Neal recessed the meeting for a break from 10:50 o'clock A.M. to 11:02 o'clock A.M. PUBLIC HEARING FOR BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER The Clerk of the Board of Commissioners reported to the Board of Commissioners that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER", which had been introduced on January 19, 1987, had been published in a qualified newspaper on January 20, 1987, with notice that the Board would hold a Public Hearing thereon on January 26, 1987. The Clerk also reported that the County's Finance Officer had filed in her office a statement of debt complying with the provisions of the The Local Government Bond Act and such statements filed showed the indebtedness of the County to be 1.04% of the appraised valuation of property in said County subject to taxation. ( commissioner Corbett MOVED that the Board of Commissioners proceed to hold a Public Hearing on the museum bond order. The MOTION was SECONDED by Commissioner Barfield and was UNANIMOUSLY ADOPTED. At 11:03 o'clock A.M., the Chairman of the Board of Commissioners announced that the Board of Commissioners would hear anyone who wished to be heard on the questions of the validity of the museum order and the advisability of issuing the bonds. At the direction of the Chairman of the Board of Commissioners, the Clerk of the Board of Commissioners read said museum bond order and the published notice of hearing. After the Board of Commissioners had heard all persons who requested to be heard, Commissioner Retchin MOVED, that the Public Hearing be closed. The MOTION was SECONDED by Vice-Chairman Dolan. Commissioner Corbett MOVED that the Board of Commissioners adopt without change or amendment and direct the Clerk of the Board of commissioners to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $4,200,000 MUSEUM BONDS OF THE COUNTY OF NEW HANOVER", introduced at the meeting of the Board of Commissioners held on January 19, 1987. The MOTION was SECONDED by Commissioner Retchin and was adopted UNANIMOUSLY. commissioner Barfield MOVED, the adoption of the following resolution which was read at length to the Board: WHEREAS, the Board of Commissioners of the County of New Hanover has adopted the bond order hereinafter described authorizing the issuance of $4,200,000 Museum Bonds and such bond order and the indebtedness to be incurred by the issuance of such bonds and the tax to be levied for the payment of such bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County at New Hanover, as follows: (1) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds MINUTES OF REGULAR MEETING, JANUARY 1.6, 1987 (CONTINUED) .If II of the County authorized by said bond order, which indebtedness shall be secured by a pledge of the County's fai th and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order shall be submitted to the qualified voters of said County at an election to be held in said County on March 31, 1987. ( 2) The Clerk of the Board of Commissioners is hereby authorized and directed to publish a notice of said election. I Commissioner Retchin SECONDED the MOTION and the MOTION was adopted UNANIMOUSLY. A copy of the Notice of Special Bond Election is contained in Exhibit Book XV, Page 6. DISCUSSION OF AD HOC AIRPORT STUDY COMMITTEE Chairman O'Neal expressed concern for hastily appointing a committee to study the operations of the Airport when the County is in litigation stating the County Staff was quite capable of preforming the study. He requested delay in appointing the committee until there is a more pressing need. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to advertise for applicants and make appointments on February 16, 1987. Upon vote, the MOTION CARRIED UNANIMOUSLY. I After further discussion, it was the consensus of the Board for the Study Committee to be composed of ten (10) members. The charge of the committee will be to study and research the best type or organizational structure for management and operation of the Airport, whether an Airport Commission, Airport Authority, or some other structure. DISCUSSION OF PUBLIC SAFETY OFFICERS PROGRAM Commissioner Retchin recommended delaying changes in the Public Safety Officers Program and hiring of a PSO Director until the Ad Hoc Airport Committee presents its recommendations. Vice-Chairman Dolan expressed concern for delaying upgrading of the PSO Program. He emphasized the importance of providing air security and assistance to the general public with the movement of traffic at the airport. Commissioner Barfield supporting the PSO Program enforcement training. stressed the importance and providing proper of law Airport Manager Shackelford commented on an Operations Manual for PSO officers now being prepared for presentation to the Commissioners at the second meeting in February. He stated the committee was composed of Assistant County Attorney Copley, Captain George Valender; Personnel Director Mallette, and himself. I Commissioner Retchin recommended the manual to be written as simply as possible. Commissioner Corbett expressed concern for better communication between PSO Officers, the Airport Manager, and County Manager stressing the importance of working together to solve daily problems. After further discussion, County Manager Cooper stated he would keep the Commissioners informed on the hiring of a Public Safety Director. ~ ~/~ MINUTES OF REGULAR MEETING, JANUARY .26, 1987 (CONTINUED) DISCUSSION OF CIVIL PENALTY - NEW HANOVER COUNTY AIRPORT Assistant County Attorney Silliman gave background information on a civil penalty imposed by FAA stating the options available: ( 1) forward payment of penalty in the amount of $ 3,000; ( 2) contest the civil penalty in U. S. District Court; or (3) submit additional information requesting reduction or cancellation of the penalty. Assistant County Attorney Silliman presented a draft letter to be forwarded to the Mr. Ronn E. Harding, Attorney representing FAA for reduction of the penal ty with submission of additional information. He requested direction of the Board. r After discussion of federal mitigation procedures, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to authorize the Chairman to forward a letter submitting additional information and requesting reduction or cancellation of the penalty. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Retchin MOVED, Corbett to adjourn the meeting. CARRIED UNANIMOUSLY. SECONDED by Upon vote, Commissioner the MOTION Chairman O'Neal adjourned the meeting at 11:45 o'clock A.M. Respectfully submitted, ~if/~ Lucie F. Harrell Clerk r , '--