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1987-08-17 Regular Meeting MINUTES OF SPECIAL MEETING, AUGUST 10, 1987 (CONTINUED) 6( Chairman 0' Neal adjourned the Special Session at 8: 47 o'clock A. M. " L Respectfully submitted, ~dY~ Lucie F. Harrell Clerk MINUTES OF REGULAR MEETING, AUGUST 17, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 17, 1987, at 9:00 A.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners 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. Commissioner Jonathan Barfield, Sr., was absent due to a fire in his home. Chairman O'Neal called the meeting to order. Vice-Chairman John Dolan gave the invocation. " L APPROVAL OF MINUTES Commissioner Retchin questioned the motion by Commissioner Barfield with reference to the Airport Study Committee stating he thought the motion included a follow-up by the Committee to provide a plan of management to the Airport whether a Commission or Authority. After discussion, it was the consensus of the Board to request the Clerk to clarify the motion with Commissioner Barfield. commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to approve the minutes of the Special Meeting of July 21, 1987, as presented with exception of the MOTION by Commissioner Barfield as referenced above. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield " , LJ NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished to speak on an item not listed on the Agenda or a Consent Agenda item. The following person commented: Mr. M. H. Vaughan commented on the County Attorney being asked to speak to the Cape Fear Chapter of Professional Secretaries International expressing concern for County employees paid by public funds campaigning on issues of this type. County Attorney Pope stated he was asked by this group to discuss and explain what the charter proposes, not to campaign on the issue. He stated the final decision will be made by the voters of the City of Wilmington and New Hanover County. , ----~-- 04 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) Vice-Chairman Dolan stated, personally, he felt county employees and County Commissioners should not be campaigning for or against consolidation but should allow the public to make that decision. APPROVAL OF CONSENT AGENDA Commissioner Corbett commented on Item *7, the contract with Southern Bell for ESSX telephone service, asking the County Manager if he was satisfied with the service and costs involved. County Manager Cooper stated the study was excellent and he was very pleased with both the contract and costs involved. ,-- Vice-Chairman Dolan MOVED, SECONDED by commissioner Retchin to approve the following Consent Agenda items. Upon vote the MOTION CARRIED AS FOLLOWS: L- Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield CONSENT AGENDA Approval of Report of Collector of Revenue through July 31, 1987 The Commissioners approved the report of the Collector of Revenue through July 31, 1987, as presented. A copy of the report is contained in Exhibit Book XV, Page 33. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. ,-- L A copy of the list is contained in Exhibit xv, Page 33. Acceptance of 1986 Tax Collection Settlement and Charges for 1987 Levy The Commissioners accepted the 1986 Tax Collection Settlement and reappointed Mrs. patricia Raynor as Collector of Revenue for 1987 charging her with the 1987 tax levy. A copy of the 1986 Tax Collection Settlement is contained in Exhibit Book XV, Page 33. Adoption of 1988 Tax Schedule of Values and Appraisal Manuals The Commissioners issued an order to adopt each appraisal manual and schedule of values to be used in the revaluation effective January 1, 1988. Approval of Request for Release of Penalties on Various Room Occupancy Tax Accounts The Commissioners approved the following release of penalties as requested by the Collector of Revenue: Graystone Guest House - Release of entire penalty. Oceaneer Motel - Release of entire penalty. Sunrays - Reduction of 50% of penalty ,-- '- Acceptance of Report of Disposals of Personal Property - Finance Department The Commissioners accepted the report of disposals of personal property in accordance with GS l16A-266 (c), for period of January 1, 1987, through June 30, 1987. r ~ r L " LJ ___----.------J MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6( Approval of Contract with Southern Bell Telephone and Telegraph Company for ESSX Telephone Service The Commissioners approved a contract with Southern Bell to provide ESSX telephone service at a monthly cost of $12,975. Reclassification of Telecommunicator I Position to Telecommunicator II Position - Sheriff's Department The Commissioners approved reclassification of a Telecommunicator I position to Telecommunicator II position in Emergency 911 Center to lrovide immediate supervision of the 911 Center shifts in the Communications Division. Award of Contract to Zimmerman Construction Company - Snow's CUt Beach Access Project The Commissioners awarded the clearing and grading contract to Zimmerman Construction Company in the amount of $9,720 for Snow's Cut Beach Access Project. v' Acceptance of 1987/88 LSCA Enrichment Grant - New Hanover County Library The Commissioners approved the following Budget Amendment and accepted the 1987/88 Library Services and Construction Act Enrichment Grant in the amount of $13,443. 88-0025 Library Debit Credit Library Enrichment Grant Supplies Capital Outlay - Equipment $13,443 $ 3,643 9,800 Acceptance of Literacy Grant - New Hanover County Library The Commissioners accepted a Library Services and Construction Act Grant in the amount of $22,387 authorizing the execution of the County's standard outside agency contract with the Cape Fear Literacy Council and approved the following Budget Amendment: 88-0032 Library Debit Credit Library Literacy Grant $22,387 Supplies Contracted Services $ 4,000 18,387 Approval of Library Security Contract The Commissioners approved a contract with Worldwide Security, Inc. for library security services at a cost of $5.23 per hour. Change Orders Reported for Entry Into Record The following Change Orders were reported for entry into record: Airport - Change Orders 1. Lighting vault contract with King Electric for $3,060.49. This change order finalizes the project and adjusts for final unit price charges for actual guantities used. 2. Interim Terminal contract with Cannon Heating and Air Conditioning for $2,748.00 This change order provides additional units plus associated duct work to properly cool/heat the revised office areas requested by United Airlines and American Eagle. 3. Interim Terminal contract with Hartman and Hartman, Inc. for $7,897.18. This change order provides for a sewage pump station to be added to the project. ;06 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) Courthouse - Change Orders 1. An additional charge transparent finish to of a paint finish. of $1,472.00 to provide a wood work in Room 213 in lieu 2. A credit of $5,000 returned to County for repair work to finishes that are not necessary in the Quality Sprinkler contract. ,-- Establishment of New Hanover County Hazardous Materials and Emergency Planning Cormnittee The Commissioners approved renaming the Disaster Preparedness Committee to the New Hanover County Hazardous Materials and Emergency Planning Committee and recognized the committee in accordance with its duties recommended by the Superfund Legislation of 1986. L- A copy of the By-laws is contained in Exhibit Book XV, Page 34. REQUEST FOR ADOPTION OF RESOLUTION PLACING A MORATORIUM ON NEW DEVELOPMENTS (MULTI-FAMILY UNITS) IN THE MIDDLE SOUND AREA Mr. Richard Gwathmey commented on a resolution presented to the Commissioners on May 4, 1987, and July 7, 1987, requesting a moratorium on multi-family developments in the Middle Sound area until January 1, 1988, or completion of widening U. S. Highway 17 North to five lanes from the Ogden stoplight to N. C. 132. He commented on the present traffic congestion and problems with ingress and egress for emergency vehicles. Mr. Gwathmey respectfully requested adoption of the resolution emphasizing this request was not a moratorium on building but a moratorium for temporary halt of further approval of multi-unit projects. ,-- '- County Attorney Pope stated in declaring a moratorium a substantial relationship should exist between the moratorium and problem. Commissioner Retchin commented on recent Supreme Court rulings and the difficulty of declaring a moratorium on large development only. He stated if the traffic problem has become a public health and safety hazard, then all construction should be stopped which would deprive people the use of their property. Commissioner Corbett expressed concern for the citizens of the Middle Sound area but stated he was troubled by declaring a moratorium on multi-family projects that could possibly result in lawsuits. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to deny the request for declaring a moratorium on multi-family projects and authorize the Chairman to write a follow-up letter to Governor James Martin, Mr. Tom Pollard, a member of the N. C. Transportation Board, and the Department of Transportation urging immediate action in beginning the project of widening U. S. Highway 17 North. Upon vote, the MOTION CARRIED AS FOLLOWS: ,-- L- Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6( PRESENTATION OF AIRPORT AD HOC STUDY COMMITTEE REPORT Mr. John G. Ashby, Chairman of the Airport Ad Hoc Study Committee, presented a written report prepared by the Study Committee commenting on the following reasons as the primary justification for the recommendation of an Airport Authority: fl , i U l. Independence of Action will enable the Authority to operate professionally with maximum flexibility and efficiency since it is insulated from the day-to-day friction of local politics. 2. Continuity and Stability will be maintained under professional management due to staggered appointment terms of the Authority members. Potential negative impacts which could occur due to changes in local government are avoided. With time, the Authority and its members develop a personality and history that pave the way for effective relationships with the airlines, FAA, the general public, and all other related interests. 3. Decisions can be made rapidly. With regard to grants, FAA's most important consideration is "who owns the land". In this case, with the Authority existing as a legally constituted body, a harmonious relationship with FAA would develop since final decisions would be made by Airport management. 4. With qualified people appointed to the positions on the Authority, they would have access to Community Leadership and after appointment would function with a minimum of pOlitical pressure. r L 5. Being free and independent, the Authority has a management structure which is in the best position to "market the Airport" and expand its industrial and commercial base. 6. The Authority represents the best increase non-aviation revenue, which leads to financial independence of the vehicle to eventually Airport. Mr. Ashby stated the following issues must be addressed by the Board of Commissioners: 1. Development and Approval of a Charter. The Study Committee proposes that the Authority be empowered as strongly as legally possible with incorporation of adequate safeguards to protect effectively the County's assets. Concerning the major differences between the powers of an Authority and those of a Commission, the most significant differences are in the Authority's (a) ability to incur debt through the sale of tax-free bonds; (b) power of Eminent Domain; and (c) perpetuity. [ 2. Appointment of a new Manager. The Study Committee considers the existing opening an opportunity to explore and identify personnel who can serve this Community's future needs in the most effective manner. The significant difference in requirements are present if we seek an entrepreneurial-type Director of an Authority versus an Airport Manager who must operate within New Hanover County's government structure. In fact, he or she would contribute significantly to Charter development, and participate in all major activity and decisions during the interim period until Charter approval by the General Assembly. Appointment of an Executive Director for our Airport Authority is no small matter, but the selection of that individual should be accomplished consistent with the determination of the airport's governmental structure. The Department of Transportation and Secretary Dole have already provided help ~L-____ _ _~ ___ .______ 08 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) (n) and advice to the Study Committee and have additional assistance as we proceed. The Committee recommends taking advantage of this offer. offered strongly 3. Length of Weaning Process and County Safeguards. The Authority should be self-sufficient from an operating standpoint in 5-10 years. The County's financial commitment to the Authority should be limited in amount and time with funding restricted to certain functions to assure the taxpayers that public dollars are being used for specific purposes. ,- 4. During the process of creating an will take one year, what kind of interim appropriate? How should it manage the functions should it assume? Authority which organization is Airport? What '- 5. General and (c) Other issues include: (a) calendaring with the Assembly; (b) personnel transfer to the Authority; the number of Authority members. Mr. Ashby commented on the following potential disadvantages of the Authority which must be addressed: 1. The perceived loss of public accountability. Can this be adequately dealt with in the Charter? 2. Potential conflict with political bodies. For instance, the Board of Commissioners, having recognized that the advantages far outweigh the disadvantages, must "Let Go" and allow the Authority to act. Mr. Ashby stated the Study Committee feels a significant amount of work has been accomplished in a relatively short period of time. He encouraged each Commissioner to approach this issue with an open mind stating none of the Study Committee members were convinced, at the outset, that an Authority was appropriate. However, at the conclusion of the study, the members of the committee unanimously agree that an Authority is the best form of management for the New Hanover County Airport. ,-- L Mr. Lisbon Berry, a member of the Study Committee, expressed appreciation to the Legal Department for the excellent assistance given by staff and Ms. Carolyn Dopki in performing this study. Mr. Berry commented on the meeting of July 31, 1987, and the request by the County Commissioners for presentation of a written report. He stated the Study Committee considered four different forms of management for the airport with the unanimous decision that an Authority would be the most effective form of management. He expressed concern for the misunderstanding at the July 31 meeting that an Authority would be established immediately without consideration given to management during this interim period of time. He stated the Study Committee certainly realizes the time involved before enactment of a Charter by the General Assembly stating this would be the opportune time to develop a charter that will create a strong professional form of management for the airport. He requested the Commissioners to accept the written report as submitted, support an Authority form of government, and appoint a Charter Commission to draft a charter for establishment of an Airport Authority for the New Hanover County Airport. Chairman 0' Neal commented on the importance of this decision stating the written report submitted had been delivered to the Commissioners the day before this meeting. He requested adequate time to review and study the report. ,-- L Chairman O'Neal commented on gathering of additional, factual information which has not been reported, such as the [' u [ [' u MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6{ pastt and present financial and building accomplishments at the Airport. He presented a recommendation for establishment of a strong Airport Commission stating this form of government could be activated at once and would be in harmony with the hiring of a new Airport Manager and development of the 10-year Airport Master Plan. He stated the Study Committee and Commissioners were in agreement on many issues with the main difference being an Authority or Commission form of government. He recOmmended sCheduling of a work session before making a final decision. Commissioner Retchin complimented the members of the Airport Ad Hoc Study Committee for the report and information furnished. He stated a plan must be developed for operation of the Airport from now until an Authority can be established. He also suggested scheduling a work session. Commissioner Corbett stressed the importance of moving forward with some interim form of management and ultimately establishing an Authority. He also recommended SCheduling a work session. Vice-Chairman Dolan stated both the Study Committee and Board of Commissioners agree a change in management needs to be made. He stated, in his opinion, there is very little difference between an Authority and strong Airport Commission as proposed by Chairman 0' Neal. Vice-Chairman Dolan stated a strong commission could meet the needs of the Airport; however, he did not know how to avoid abolishment of an Airport Commission by a future Board of Commissioners expressing concern for this possibility. Discussion was held on the similarities and differences between an Authority and Airport Commission, particularly in the area of operating procedures and strengths. Commissioner Retchin stated the actual charter for an Authority could be utilized as the document to provide operating authority for an Airport Commission. Chairman O'Neal expressed concern for a complete severance of responsibility for one of the key public assets of the County. He Commented on being elected for the purpose of serving the citizens of the County and the responsibility to assure these citizens that no decisions will be made that are detrimental to New Hanover County. Mr. Berry stated the Study Committee certainly had no intention of presenting a recommendation that would be detrimental to the County Airport or in any way detrimental to the citizens of the County. Mr. Ashby stated the Study Committee had completed its charge and requested direction of the Board, asking where does the Study Committee stand? Commissioner Corbett recommended preparation of a proposed charter stating this could serve as a working plan for establishment of either an Authority or Commission. After further discussion, Commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to request the Airport Ad Hoc Study Committee to prepare a proposed charter and in doing so give careful consideration to Chairman O'Neal's proposed resolution. The floor was opened for discussion. Mr. Ashby requested consul ta tion wi th members of the Airport Ad Hoc Study Committee. After discussion with Committee members, Mr. Ashby requested a vote for support of an Authority stating the Committee would be glad to prepare a charter once action is taken. -' 10 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) '" I I i ~ Chairman O'Neal expressed concern for voting on an Authority before a charter is prepared defining the powers and structure itself. County Attorney document stating it Authority until rules Pope recommended preparation would be difficult to vote and procedures are defined. of the on an Commissioner Retchin asked the Study Committee if they would consider preparing a plan of management for the Airport during the interim period of time before an Authority can be established. He commented on being in favor of ultimately going to an Authority over a period of time stating a commission would have to be established first. " LJ Mr. Ashby stated if the intent is go with an Authority, the Study Committee would be glad to prepare a plan. Vice-Chairman Dolan commented on the statements by Commissioner Corbett and Commissioner Retchin with reference to the intent of ultimately going to an Authority, stating, for clarification, this statement represents only two Commissioners not the entire Board of Commissioners. Chairman 0' Neal called for a vote on the MOTION by Commissioner Corbett to direct the Airport Ad Hoc Study to Committee to prepare a Charter with careful consideration given to Chairman O'Neal's resolution. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield ,-- Mr. Ashby requested consultation with members of the Airport Ad Hoc Study Committee. After discussion, it was the consensus of the Study Committee to meet on August 17, 1987, in order to respond to the request by the Board of Commissioners to prepare a charter since no action was taken by the Commissioners to establish an Authority. '- BREAK Chairman O'Neal recessed the meeting for a break from 10:35 o'clock A.M. to 10:50 o'clock A.M. APPROVAL OF PARTICIPATION IN GOVERNOR MARTIN'S CONFERENCE, "CHALLENGE '87", TO DEVELOP A STATEWIDE CONCEPT FOR FIGHTING DRUGS Commissioner Retchin MOVED to authorize the Chairman to attend the conference and solicit seven other interested persons to attend as requested in the Governor Martin's letter. The floor was opened for discussion. Mr. Rick Petelinkar, a member of various drug abuse programs, commented on his interest in the drug problem whether alcohol or drugs and suggested including individuals such as Flo Stein, Director of Cape Fear Substance Abuse and Mel Martin, Director of the Southeastern Mental Health Center. ,-- '- After further discussion, commissioner Retchin withdrew his motion with the general consensus of the Board to authorize the County Manager and Chairman to select persons to attend the seminar. L_ MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6 UPDATE ON NON-EMERGENCY SCHEDULED AMBULANCE SERVICE Mr. Larry Ray, EMS Director, commented on the ad placed in several newspapers throughout the State seeking qualified organizations to provide non-emergency scheduled ambulance service. He stated qualification packages had been received from three interested persons with a deadline for receiving packages on August 25, 1987. [ Mr. Ray requested authorization qualification packages with selection of who will submit a complete proposal to be Commissioners for final approval. to review the one organization presented to the County Manager Cooper stressed the importance of selecting a reputable company with a good tract record in services provided. After discussion, it was the consensus of the Board to authorize the County Manager and EMS Director to select a reputable firm and present a proposal for approval at the next regularly scheduled meeting. ADOPTION OF PROPOSED GUIDELINES FOR USE OF D.A.R.T. SERVICES Assistant County Manager Gornto commented on proposed guidelines for use of D.A.R.T. services to provide transportation for handicapped persons who do not qualify under one of the County's existing programs. She stated the guidelines are based upon guidelines already in place for the Wilmington Transit Authority. " L Discussion was held on City of Wilmington residents being charged a fee of $1.25 per one-way trip. Commissioner Retchin stated in the interest of fairness any charge by the Transit Authority to City residents should also be charged to County residents when utilizing the service. After further discussion, it was the consensus of the Board to request Assistant County Manager Gornto to check into the policy enforced by the City and incorporate this fee, if necessary, in the contract which will be submitted to the Commissioners for final approval. After further discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to approve the guidelines as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield CONTINUANCE OF DEAN HARDWOODS, INC. TAX APPEAL County Attorney Pope stated Mr. Richard Morgan, Attorney representing Dean Hardwoods, Inc., had presented new information involved in the tax appeal and would like to address the Commissioners. " i u Mr. Morgan stated after conversation with the County Attorney earlier this morning about legal points involved in the appeal, Attorney Pope recommended continuing the appeal to the next meeting in order to further study additional data received. County Attorney Pope respectfully requested continuance of the appeal until the regularly scheduled meeting of September 8, 1987. Tax Administrator Register stated the only issue to be resolved was determination of the manufacturer's inventory being set for use by the State in determining future reimbursement for loss of inventory tax revenue. Tax Administrator Register stated the question involved was 12 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) whether or not Dean Hardwoods, Inc. was manuf actur ing a product from an imported source. He stated the language in the school funding bill provided for two situations of inventory that are exempt: (1) retail/wholesale operation; and (2) manufacturers inventory. He stated future revenue received from the State will be based on the loss of manufacturers inventory tax posted as of September. County Manager Cooper stated continuance of the appeal will not be detrimental to the County. He stated staff would be addressing the Seaport Terminal issue with the possible recommendation of eliminating the entire Seaport Terminal area stating a recommendation would be presented to the Commissioners for review and approval. ,-- L- After discussion, by Vice-Chairman Dolan Tax Appeal to Tuesday, the County Attorney. FOLLOWS: Commissioner Corbett MOVED, SECONDED to continue the Dean Hardwoods, Inc. September 8, 1987, as recommended by Upon vote, the MOTION CARRIED AS Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield TAX APPEAL BY MARGARET M. CHATFIELD FOR SENIOR CITIZEN EXCLUSION DELINQUENT APPLICATION Tax Administrator Register gave background information on the appeal stating Ms. Margaret M. Chatfield personally delivered several listings of property on January 23, 1987. At that time she asked for the Senior Citizen Exclusion application and was told by a temporary clerk in order to apply she must provide proof of her 1986 income. He stated Ms. Chatfield contends the clerk did not inform her of a deadline for filing the Senior Citizen Exclusion application nor was a date printed on the state form. When she returned the application and income statement on May 27, 1987, she was then informed of the April 15 deadline as defined in the General Statutes. Tax Administrator Register stated the listing form had been in her possession from December 31 until January 23 which does reference Senior Citizen Exclusion application instructions on Page 2 and notifies the taxpayer to check Page 2, if they qualify. He stated there was a check mark on the listing form presented on January 23 and an asterisk beside the Page 2 instructions referring to the April 15 deadline, apparently made by the employee assisting Ms. Chatfield. He stated the taxpayer did have adequate notice based upon due notice being given on the listing form signed by Ms. Chatfield, and he did not feel appropriate grounds exist to justify acceptance of the delinquent application. ,-- '- Ms. Margaret T. Chatfield commented on filing of the abstract on January 23, 1987, and inquiring about the Senior Citizen Exclusion application stating she asked the clerk if there was a time frame for filing the form. The answer received was verification of income with no information being given on the deadline of April 15, 1987. Ms. Chatfield expressed concern for a deadline filing date being listed on one form (the abstract) and not on the actual form to apply for the senior citizen exclusion. She requested the County to purchase a rubber stamp and stamp Senior Citizen Exclusion Application forms in order to avoid this type of situation for other senior citizens. She respectfully requested acceptance of her senior citizen exemption for the past year. ,-- '- MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6 " Discussion was held on verification of the income statement. Tax Administrator Register stated due to various business involvements of the applicant, he was hesitant to approve the application without substantial proof of actual income. He stated Ms. Chatfield lives at 210 central Blvd., but owns a rental home in Bayshore Estates, two condos (purchased December 31, 1986) at Shell Island Resort and owner of a business called "Sweet Nuthins" in the Cotton Exchange. LJ Ms. Chatfield stated the investment to purchase two condos at Shell Island Resort did not go through and would not be involved in her income statement. Chairman O'Neal expressed concern for setting a precedent in granting the exemption. Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to grant the exemption authorizing the Tax Administrator to determine whether the income statement is acceptable. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Voting Noe: Chairman O'Neal Absent: Commissioner Barfield " Discussion was held on printing or stamping the deadline date on the State Senior Citizen Exclusion form. It was the consensus of the Board to request Tax Administrator Register to either purchase a rubber stamp reflecting the April 15 deadline or request the State to print the date of filing on their forms. LJ APPROVAL OF AMENDMENTS TO NEW HANOVER COUNTY FIRE ORDINANCE UPON FIRST READING Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve amendments to the New Hanover County Fire Ordinance to satisfy the State Building Codes Council. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield Due to not receiving a unanimous vote since one commissioner was not present, the amendments to the Fire Ordinance will require a second reading at the September 8, 1987, regularly scheduled meeting. " I ~ l -' 1 4 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) WAIVER OF WATER AND SEWER BILLING FOR CAPE FEAR COMPOSITE SQUADRON, CIVIL AIR PATROL Chairman O'Neal commented on services performed by the civil Air Patrol with reference to search and rescue, and providing assistance during civil defense emergencies. He recommended approving the waiver of water and sewer billing as requested by the Civil Air Patrol. Discussion was held on the possibility of similar agencies making the same request. It was the consensus of the Board to review each individual request as they are submitted with the waiver applying only to the civil Air Patrol. ,-- LJ After further discussion of the billing process, commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to waive the water and sewer billing for the civil Air Patrol as long as the bills do not exceed the minimum level. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield COMMITTEE APPOINTMENTS APPOINTMENT OF MEMBERS TO BOARD OF MECHANICAL EXAMINERS Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to appoint the following members to the Board of Mechanical Examiners: Name Category Expiration of Term ,-- Dennis G. Parnell Mechanical August 31, 1989 '- Contractor Robert H. Williams Mechanical August 31, 1989 Contractor Garland D. Gladden Gas Piping August 3l, 1988 Installation Charles Blythe HVAC August 31, 1988 Quenton B. Hill Commercial Grease August 31, 1988 Extraction System Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield REAPPOINTMENT OF JOYCE SOUTHERLAND, RHESA R. STONE, AND NOLA NADEAU TO NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to reappoint Ms. Joyce Southerland, Ms. Rhesa R. Stone, and Ms. Nola Nadeau to serve three-year terms on the Library Advisory Board expiring August 31, 1990. Upon vote, the MOTION CARRIED AS FOLLOWS: ,-- L- " , I LJ I' I l.J " I LJ -- --- - --- ------- -- ------ ~- -- ---~- -~ MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6] Voting Aye: Commissioner Corbett Commissioner Retchin vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield APPOINTMENT OF MARVIN P. HOGAN AND JOANN E. ABSI TO NEW HANOVER COUNTY LIBRARY ADVISORY BOARD Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to appoint Mr. Marvin P. Hogan to serve an unexpired term on the Library Advisory Board filling the vacancy created by resignation of Heyward C. Bellamy. The term will expire August 31, 1989. Upon vote, the MOTION CARRIED AS FOLLOWS: voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to appoint Ms. Joann E. Absi to serve a three-year term on the Library Advisory Board expiring August 31, 1990. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield RECESS OF REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to convene from Regular Session to hold a meeting of the New Hanover County Water and Sewer District. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield Chairman O'Neal convened from Regular Session at 11:45 o'clock A.M. Chairman O'Neal reconvened to Regular Session at 11:48 o'clock A.M. ADDITIONAL ITEMS Discussion of "Touch and Go" Use of Airport by Military Planes Commissioner Corbett asked if the County charged the Military for touch and go use of the Airport. Vice-Chairman Dolan stated he thought a $50 fee was charged. After discussion, it was the consensus of the Board to request the County Manager to check into this matter. Report on Annual Conference of the North Association of County Commissioners Commissioner Retchin gave a brief report on Conference of the North Carolina Association Carolina the Annual of county ,16 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) Commissioners held in Charlotte, North Carolina, on August 13-16, 1987. He stated the main issues addressed were economic growth and financing of capital projects. He stated discussion was held on the school funding bill and how it developed with further discussion being held on schools needs. All County commissioners were encouraged to make an effort to meet with local School Boards to better understand each others needs. Chairman O'Neal commented on programs dealing with disposal of waste materials stating New Hanover County was far ahead of other counties throughout the state with construction of the incinerator. He commented on other approaches such as recycling processes and other methods of disposal. r L Resignation of Elizabeth Corbett from the Convention and Visitor's Bureau Commissioner Retchin stated Ms. Elizabeth Corbett had forwarded a letter of resignation. He requested the Chairman to write a letter of appreciation for service rendered. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Contract for Development of Airport Master Plan Director of Engineering and Facilities, Ed Hilton, commented on the selection of three firms, according to ranking, to develop the Airport Master Plan. He stated after a week of negotiations, a contract has been prepared and forwarded to FAA along with a grant application in order to comply with the time frame constraint. Director Hilton stated the contract includes three projects: (1) the Airport Master Plan; (2) Runway Plan; and (3) Security Fencing. He stated the negotiated fee on the Master Plan and Runway Plan is $170,303 which is being reviewed by FAA. He stated the total grant package will be $362,000 with the County seeking $293,000 in federal funds with enplanement funds available in the amount of $l82,459. ,- '- Director Hilton requested approval of the study contract with Talbert, Cox and Associates subject to final approval by FAA, approval by the County Attorney, and authorization for the County Manager to accept the FAA grant when approved in order to comply with the deadline of september 30, 1987, which is the end of the federal fiscal year. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to approve the contract with Talbert, Cox and Associates subject to final approval by FAA, approval by the County Attorney, with authorization for the County Manager to accept the FAA grant if offered. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett commissioner Retchin Vice-Chairman Dolan Chairman O'Neal " Absent: Commissioner Barfield Discussion of Judge Dupree's Ruling on Jetstream Lawsuit Assistant County Attorney Silliman commented on the lawsuit beginning with a complaint, which is a written document setting forth the various claims against the County and other fixed base operators. He stated the County's trial attorney had filed an answer and at this point, the rules of civil procedure provide that a party can move for judgment on the pleadings, if on the basis of the pleadings themselves, the claims alleged indicate some type of judgment is appropriate, then that can be considered. He LJ MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) 6] " stated the County's trial attorney made a motion for judgment on the pleadings. The substance of the claim was that some or all of the claims are inappropriate for hearing in Federal Court. He stated Judge Dupree has ruled on this motion and has determined some of the claims are not appropriate for hearing in Federal Court; however, others are appropriate for hearing in Federal Court. Attorney Silliman stated no factual investigations, no affidavits, or hearings on the merits of the case have been heard emphasizing that some of claims to be heard in Federal Court could be dismissed or resolved at a later date. LJ update on Applications Received for positions of Airport Manager and Public Safety Manager county Manager Cooper stated out of seven applicants selected by the Board for the position of Public Safety Manager, he had interviewed four, scheduled an interview for the 5th, and was in the process of scheduling two more interviews. He expressed confidence in selecting a qualified manager out of the applicants being interviewed. County Manager Cooper stated from the three applicants selected by the Board for the position of Airport Manager, one had withdrawn, and interviews were scheduled for the other two applicants on August 19 and 24. He stated the Commissioners would be informed of the exact time and place so they can meet the candidates if they desire. " I I U County Manager Cooper stated before appointing or offering the position of Airport Manager, he would request confirmation of the Board which may require a Special Meeting or telephone calls since the two applicants to be interviewed are under consideration for positions at other airports. County Manager Cooper commented on the present salary grade of the Airport Manager at Grade 81 which is less than the Finance Director or County Engineer. He requested flexibility in the salary level when making an offer to a qualified applicant. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to authorize the County Manager flexibili ty in the salary grade of the Airport Manager's position when making an offer. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield " county Manager Cooper requested permission to applicants on the alternate list for the position of Manager. After discussion, it was the consensus Board to authorize the County Manager to proceed to applicants on the alternate list. contact Airport of the contact LJ , -----~- ---- 18 MINUTES OF REGULAR MEETING, AUGUST 17, 1987 (CONTINUED) ADJOURNMENT Commissioner Dolan to adjourn. Retchin MOVED, SECONDED by Vice-Chairman Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Absent: Commissioner Barfield ,- Chairman O'Neal adjourned the meeting at 12:10 o'clock P.M. L- ~2r.c~~ted, ~ F. Harrell Clerk ,- '- ,-- L-