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HomeMy WebLinkAbout1984-08-20 Regular Meeting 638 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 20, 1984, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Smith. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, AUGUST 6, 1984 Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the minutes of the Regular Meeting of August 6, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Gottovi asked if any member of the general public wished to address the Commissioners on any item listed on the Consent Agenda or any subject not listed on the Regular Agenda. Mr. Mike Vaughan commented on Item #6, Environmental Impairment Liability Insurance for the Landfill, and Item #15, Proclamation proclaiming August 25, 1984, as Women's Equality Day on the Consent Agenda. APPROVAL OF CONSENT AGENDA County Manager Cooper requested that Item #2, Resolution Accepting Offer to Purchase Surplus Real Property, be removed for clarification. County Attorney Pope gave background information on the purchase of the property requesting adoption of the resolution subject to final approval by the Legal Department prior to the execution of the Warranty Deed. Chairman Gottovi commented on the two proclamations listed on the Consent Agenda proclaiming the month of September as Sickle Cell Month and proclaiming August 25, 1984, as Women's Equality Day encouraging support of the citizens of New Hanover County in promoting these two events. She announced a picnic would be held on August 25, 1984, at Hugh MacRae Park in celebration of Women's Equality Day. Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the following Consent Agenda with the recommended change to Item #2 as requested by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Annual Certification of Firemen - N. CD Firemen's Pension Fund The Commissioners approved the Annual Certification of Firemen's Roster for the N. C. Firemen's Pension Fund for the Federal Point Volunteer Fire Department. A copy of the Certification Roster is contained in Exhibit Book XI, Page 47. Adoption of Resolution Accepting An Offer to Purchase Surplus Real Property Owned Wholly or Jointly by the City and County The Commissioners adopted a resolution accepting an offer by Audrey B. Shaw and Walter L. Clark for property located in the 200 Block of Gores Row which has been advertised for upset bid with final approval of the necessary documents by the Legal Department before execution of the Warranty Deed. A copy of the resolution is contained in Exhibit Book XI, Page 47. ~ 639 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) Approval of the Report of Collector of Revenue through July 31, 1984 The Commissioners approved the report of the Collector of Revenue through July 31, 1984. I 47. A copy of the report is contained in Exhibit Book XI, Page Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as recommended by the Tax Administrator. A copy of the list is contained in Exhibit Book XI, Page 47. Approval of Contract Amendment No. 4 - CAMA Minor Development Permits - Engineering Department The Commissioners approved Contract Amendment No. 4 of the CAMA Minor Development Permits. A copy of the contract is on file in the County Manager's office. Approval of Consul tant Services for Environmental Impairment Liability Insurance - Landfill - Engineering Department The Commissioners authorized Staff to obtain the consultant services necessary as outlined in a letter from Carlton Allegood, Executive Secretary of the Wilmington/New Hanover County Insurance Advisory Committee, for study of obtaining liability insurance at the Landfill. I Award of Bid for Microfilm Reader-Printer - Register of Deeds Office The Commissioners awarded the bid to Southeastern Microfilm, Inc. in the amount of $15,195 for a microfilm reader printer for the Register of Deeds Office. A copy of the bid tabulation, resolution, and agreement are contained in Exhibit Book XI, Page 48. Approval of Budget Amendment for Peoples Federal Savings & Loan Retaining Wall and Parking Lot Judicial Building Engineering Department The Commissioners approved payment to Peoples Savings & Loan Association in the amount of $25,472.69 for the retaining wall and parking lot with approval of the following Budget Amendment: Debit - #48 9800 911, Contingencies Credit - #48 4708 626, Retainer Wall Const. $25,473 $25,473 Budget Amendment Interceptors - Phase I - Water & Sewer The Commissioners approved the following Budget Amendment in the amount of $71,938 to adjust clean water bond money to the actual grant offer: I Debit #82 4710 630, Construction $71,938 Credit - #82 3470 368, State-Clean Water Bonds $71,938 Approval of Budget Amendment - Tourism Study with City of Wilmington - Planning Department The Commissioners approved the following Budget Amendment in the amount of $30,000 for the joint Tourism Study with the City of Wilmington: Debit - #11-9740-900, Transfer of other Funds #11-3411-310, Contrib. - City of WilD Credit - #11-4930-326, Other Profess. Services #11 4930-480, Miscellaneous $15,000 15,000 $28,000 2,000 640 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) Approval of Budget Amendment Approved by County Manager The County Manager approved the following Budget Amendment which is being reported for entry into the record: Landfill/Printshop - Extra copier needed for Annex Building Debit - #70-4710-660, #11-9740-900, Construction Expense Transfer to Capital Projects Postage Transfer for Gen. Fund Capital Outlay $1,200 #11-4131-382, Credit - #70-3471-920, #11 4133 640, 1,200 1,100 $1,200 2,300 Approval of Budget Amendment - Home Health Clerk - Health Department The Commissioners approved the following Budget Amendment in the amount of $10,030 for the Home Health Clerk position approved at the Regular Meeting of June 18, 1984. Debit - #11-3516-374, Revenue (Medicare & Medicaid) $10,030 Credit - #11-5164-100, Salaries & Wages #11-5164-210, FICA #11-5164-221, Retirement #11-5164-230, Group Insurance $ 8,156 573 683 618 Approval of 1983 Tax Collection Settlement and Charges for 1984 Levy The Commissioners approved the Collector of Revenue's Settlement for the 1983 tax levy appointing Ms. Patricia J. Raynor as Collector of Revenue and charged her with the 1984 tax levy. A copy of the statement is contained in Exhibit Book XI, Page 48. Proclamation Proclaiming the Month of September as Sickle Cell Month The Commissioners proclaimed the month of September 1984 as SICKLE CELL MONTH in New Hanover County. A copy of the proclamation is contained in Exhibit Book XI, Page 48. Proclamation Proclaiming August 25, 1984, as Women's Equality Day The Commissioners proclaimed August 25, 1984, as WOMEN'S EQUALITY DAY in New Hanover County. A copy of the proclamation is contained in Exhibit Book XI, Page 48. PRESENTATION OF PLAQUES TO RETIRING COUNTY EMPLOYEES Chairman Gottovi, on behalf of the Board of Commissioners, presented retirement plaques to the following County employees in recognition of their dedicated service wishing them a happy retirement: r Ms. Mae Horrell, Library Assistant IV Years of Service: 19 years, 9 months Retirement Effective: August 1, 1984 Mr. Charles D. Little, Garage Supt. Years of Service: 6 years Retirement Effective: August 1, 1984 Mr. Mike Vaughan commented on the exceptional service and courteous manner demonstrated by Ms. Horrell in assisting the public during her years of service at the library. '- 641 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) I APPROVAL OF HNTB WORK AUTHORIZATIONS 84-1, 84-2, and 84-3 - TERMINAL COMPLEX - NEW HANOVER COUNTY AIRPORT Airport Manager Shackelford presented Mr. Robert W. Richards, Associate, and Mr. Steven M. Reiss, Project Manager, with Howard Needles Tammen & Bergendoff, who gave a presentation of the Terminal Complex Project requesting approval of Work Authorizations 84-1, 84-2, and 84-3 as presented with minor changes. Mr. Reiss gave a report on the project schedule and an explanation of the following Work Authorizations: Work Authorization 84-1 - Site Surveys/Soils and Borings Investigation Work Authorization 84-2 - Site Preparation (Including Minority Business Enterprise Program) Work Authorization 84-3 - Terminal Building Schematic Design Mr. Reiss commented on the Project Schedule stating a time loss of six to eight months had occurred requesting approval of the Work Authorizations to begin the project. I County Manager Cooper commented on the $ 3.7 million to be funded by the County within a five-year period stating when the Terminal Complex Project was formed it was originally assumed tracts of land in the Industrial Airpark would be sold to pay for the County's portion of the project. He stated it was apparent that this land has not been highly sought after by industry at the present time; consequently, the sale of the land could not be counted on for funding. He questio~ed the sale of valuable land that could be needed in the future by the Airport asking if the land should be sold or leased stating this was a policy matter to be addressed at a later date. He stated since the County was entering into a less debt service period the Commissioners had the capability of allocating funds to pay for the project through a designated portion of the property taxes, or a bond issue stating this was a bit premature but would have to be considered at a future date by the Board. Commissioner Blake expressed his concern for selling any land at the Airport emphasizing the importance of this land for future use. Commissioner O'Neal recommended a joint meeting of the Airport Commission and County Commissioners to address issues and set policies governing the Airport Plan. After a lengthy discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to authorize the Chairman to execute Work Authorization 84-1 subject to final review and approval by FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. I After further discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to execute Work Authorization 84-2 subject to final review and approval by FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner Barfield MOVED, SECONDED by Commiss~ner O'Neal to authorize the Chairman to execute Work Authorization 84-3 subject to final review and approval by FAA. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the Work Authorizations are on file in the County Manager's Office. BREAK Chairman Gottovi recessed the meeting for a break from 10:00 o'clock A.M. to 10:35 o'clock A.M. 642 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) APPROVAL OF AIR WILMINGTON LEASE AGREEMENT - NEW HANOVER COUNTY AIRPORT Airport Manager Shackelford gave background information on the lease agreement with Air Wilmington. Mr. Lawrence Murray, Chairman of the Airport Lease Policy Committee, commented on the preparation of the lease stating it was acceptable to Mr. W. S. Cherry, President of Air Wilmington. Chairman Gottovi complimented the Airport Commission and Lease Policy Committee on a job well done in preparing a lease policy for fixed base operators expresssing appreciation, on behalf of the Board, for the time and effort given to this worthwhile project. Commissioner O'Shields commented on the resolution establishing the lease policy for fixed base operators and recommended changing the wording of Section 3-2 and 6.1 to read as follows: 3-2. No rents shall be charged for improvements not owned or constructed at the expense of New Hanover County. 6.l. All lease agreements are transferable upon recommendation of the Airport Commission and consent of the New Hanover County Board of Commissioners. After discussion, it was the consensus of the Board to incorporate the above changes. Commissioner 0' Shields expressed concern for automatically amending the term of the lease to 20 years when expenditures reach $150,000 recommending the following changes in the Air Wilmington lease agreement: 2.2. Extension of Term. If, within two (2) years of the date of this agreement, Lessee constructs a new hangar together with the unamortized assets totaling $150,000 or more, and commences beneficial occupancy of said hangar, the term of the lease may be amended to extend twenty (20) years from the date of hangar occupancy. 3.2. Place of Payment. Add another section 3.3 to read as follows: 3.3. Time of Payment. The minimum rent shall be due on the first (1st) day of each calendar month and no later than the 15th of each month. The County may assess a late payment charge of one and one-half per cent (1.5%) per month or fraction thereof on any amounts that are past due under this agreement. 5.5 Airport Ordinance. Lessee shall comply with the Airport Ordinance adopted December 6, 1982, as amended. Mr. Murray expressed concern for a change in the wording with reference to the 20 year lease stating this change could make the investment unprofitable for Air Wilmington and in his opinion the lease was quite equitable as written. Chairman Gottovi expressed her concern for time involved trying to work out an ag~ement with Air Wilmington stating she felt the lease was quite fair. ~ 643 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) APPROVAL OF AIR WILMINGTON LEASE AGREEMENT - AIRPORT (CONTINUED) I After a lengthy discussion, with Mr. W. S. Cherry expressing concern over the change in wording of shall to may with reference to extension of a 20 year lease explaining the need for this period of time in order to protect his investment, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the Lease Agreement with Air Wilmington amending Section 2.2 with the word may; adding Section 3.3 to the payment section requiring payment by the 15th of the month; and deleting the wording, nand in effect on the date of this leasen in Section 5.5. Upon vote, the MOTION FAILED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Shields Voting No: Commissioner Barfield Commissioner O'Neal Chairman Gottovi Commissioner Barfield MOVED, to approve the lease leaving the wording in Section 2.2 as shall with the other recommended changes for addition of Section 3.3 requiring payment by the 15th of the month and deleting wording as recommended in Section 5.5. The MOTION died due to lack of a second. Commissioner O'Neal expressed his concern for a 20 year lease and recommended reducing this term to a 10 year lease stating he would like for staff to further study the agreement and present it for final approval at another meeting. I After further discussion, Commissioner Barf ield MOVED, SECONDED by Commissioner Blake to place the motion made previously by Commissioner O'Shields as stated above on the floor for action. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Shields Chairman Gottovi Voting Noe: Commissioner O'Neal A copy of the lease is on file in the County Manager's Office. ADOPTION OF FUEL FLOWAGE ORDINANCE - NEW HANOVER COUNTY AIRPORT Assistant County Attorney, Ken Silliman, gave background information on the Fuel Flowage Ordinance. After discussion, Commissioner Blake MOVED, SECONDED by Chairman Gottovi to adopt the Fuel Flowage Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Ordinance is on file in the Clerk's office for codification into the County Code. MEETING RECESSED FOR LUNCH Chairman Gottovi recessed the meeting for lunch from 12:10 o'clock P.M. to 1:08 o'clock P.M. APPROVAL OF LEASE AGREEMENT FOR RENTAL COMPUTER INDEXING EQUIPMENT - REGISTER OF DEEDS OFFICE Ms. Rebecca P. Tucker, Registrar, appeared before the Commissioners requesting approval of a lease agreement with Courthouse Computer Systems, Inc. for rental of two (2) IBM Personal Computers and two (2) Spinwriter Printers for indexing equipment. Chairman Gottovi questioned the costs involved stating the lease did not specifically state who was furnishing the software and other items being leased. 644 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) APPROVAL OF LEASE FOR INDEXING EQUIPMENT (CONTINUED) Commissioner Barfield expressed his concern for canceling the current contract before its expiration period. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the Lease Agreement with sepcific details being incorporated into the contract describing the type of equipment leased with final approval by the County Attorney and County Manager authorizing signature within the budget figure by the County Manager. v(} . ~/ ' DISCUSSION OF CONSTRUCTION OF GOLF DRIVING RANGE ON EASTWOOD ROAD Commissioner Blake questioned the Inspections Superintendent as to the facility being constructed on Eastwood Road. Inspections Superintendent, Sky Conklin, stated a driving range was being constructed as a normal accessory to a golf course stating this was not a separate business enterprise and was allowed in a residential district. After discussion, Commissioner Blake requested Mr. Conklin to investigate the type of facility being constructed and forward a memo to the Commissioners with details. DISCUSSION OF CONSTRUCTION ON MASONBORO ISLAND Chairman Gottovi stated she had heard that construction was taking place on Masonboro Island. Inspections Superintendent Conklin stated this was true and that he had reported the construction to the local CAMA Office. He stated it was very difficult to find out who owned the property and in order to send an enforcement letter, the property owner would have to be identified which could involve time and money. After discussion, it was the consensus of the Board to have Mr. Conklin and the Enforcement Officer of CAMA to take proper action and report back to the Board. ADOPTION OF RESOLUTION ENDORSING PREFERRED ALTERNATIVE OF ADDING ALL OF MASONBORO ISLAND TO THE NORTH CAROLINA NATIONAL ESTUARINE SANCTUARY PROGRAM Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to adopt a resolution endorsing the preferred alternative of adding all of Masonboro Island to the North Carolina National Estuarine Sanctuary Program. Chairman Gottovi stated a Public Hearing would be held at Kenan Auditorium on Wednesday, August 22, 1984, at 7:00 o'clock P.M. where she would read the resolution supporting the addition of Masonboro Island to the Estuarine Sanctuary Program. A copy of the resolution is contained in Exhibit Book XI, Page 50. DISCUSSION OF REQUEST BY JONES INTERCABLE, INC. FOR APPLICATION FOR 20-YEAR FRANCHISE County Manager Cooper stated Jones Intercable, Inc. had unofficially indicated they would like the franchise extended to a 20-year period in order to obtain better corporate financing for purchase of equipment and provide better service to the citizens of New Hanover County. County Manager Cooper stated the Board had the right to amend the franchise ordinance allowing a longer franchise at which time requests could be received from other companies. Commissioner Barfield commented on the poor quality of service provided by Jones Intercable, Inc. stating this company should have to furnish a high quality of service before approving an extension. After discussion, Commissioner Barfield MOVED, SECONDED by ~ 645 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) REQUEST BY JONES INTERCABLE, INC. FOR APPLICATION FOR 20-YEAR FRANCHISE (CONTINUED) Commissioner O'Shields to take no action at this time on the franchise ordinance until good faith has been demonstrated and to request Staff to study the franchise when it expires. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL TO RELEASE PENALTIES AND PREVIOUS LICENSE FEES TO ATLANTIC AUDIO, INC. - TAX DEPARTMENT Ms. Pat Raynor, Tax Collector, gave background information on the request for release of penalties and previous license fees to Atlantic Audio, Inc. Commi ssioner 0' Shields expressed his releasing penalities to other requests when privilege collection fee was initiated. concern over not implementation of After discussion, Chairman Gottovi MOVED, SECONDED by Commissioner O'Neal to refund the penalty to Atlantic Audio. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Voting Noe: Commissioner O'Shields I APPROVAL OF RESOLUTION ENDORSING THE PROJECT AND REQUESTING APPROVAL OF PARTICIPATION OF THE NORTH CAROLINA HOUSING FINANCE AGENCY FOR FINANCING OF HOUSING PROJECT LOCATED AT HIGHWAY il32 AND NEW CENTRE DRIVE IN NEW HANOVER COUNTY Mr. Kenneth A. Shanklin appeared before the Commissioners requesting adoption of a resolution approving participation of the North Carolina Housing Finance Agency in the financing of a housing project for occupancy by persons and families of low and moderate income to be constructed on Highway #132 and New Centre Drive. Mr. Shanklin gave background information on the 240 two bedroom units stating normally the City would be requested to pass the resolution but due to fact that annexation of this area had not been completed, endorsement of the County Commissioners was requested. After discussion, Commissioner Blake MOVED, SECONDED by Commissioner 0' Shields to adopt the resolution. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XI, Page 50. BREAK Chairman Gottovi recessed the meeting for a break from 2:26 o'clock P.M. to 3:47 o'clock P.M. I APPROVAL OF PLANNED DEVELOPMENT ORDINANCE Planning Director Hayes presented a film and gave background information on establishing a Planned Development District to the Zoning Ordinance of New Hanover County. He stated the purpose of a PD District is,to foster the mixing of various land uses, under appropriate planning controls that would otherwise not be possible under general district requirementsD He stated it was designed to promote economical and efficient patterns of land use which are sensitive to natural features. Planning Director Hayes stated the PD District permitted planned urban development at higher densities than presently allowed in situations where the owners of the property present a development plan which is found to be in the best interest of the public providing necessary urban services and improvements required by the ordinance and County's Policies for Growth and Development. ... 646 MINUTES OF REGULAR MEETING, AUGUST 20, 1984 (CONTINUED) ADOPTION OF PLANNED DEVELOPMENT ORDINANCE (CONTINUED) After a lengthy period of Chairman Gottovi MOVED, SECONDED by the Zoning Ordinance by adding a new to Section 53.5 Maximum Density with roads for public access. questions and answers, Commissioner Blake to amend Planned Development District additional verbage ensuring I . c . Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED FEBRUARY 17, 1969" is contained in Exhibit Book, Page 51. RECESS AND CONTINUATION OF THE MEETING UNTIL AUGUST 2l, 1984 Commissioner O'Neal MOVED, SECONDED by Commissioner Blake to recess the meeting until 9:00 o'clock A.M., August 21, 1984. Upon v0te, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting at 4:00 o'clock P.M. Respectfully sumitted, ~J#~ Lucie F. Smith Clerk MINUTES OF CONTINUED MEETING, AUGUST 2l, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, August 21, 1984, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert WD Pope; Donald P. Blake; and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order stating this was a Continued Meeting of the Regular Meeting of August 20, 1984. ADDITIONAL ITEMS - COUNTY COMMISSIONERS DISCUSSION OF HAZARDOUS WASTE ORDINANCE FOR NEW HANOVER COUNTY Commissioner 0' Shields commented on the status of the Hazardous Waste Ordinance for New Hanover County. County Manager Cooper stated he would discuss the matter with Mr. Bill Smalley, Chairman of the Waste Advisory Committee, and would place this item on the agenda for presentation at a future meeting. DISCUSSION OF BIKE ROUTE Commissioner Barfield reported that the Town of Carolina Beach and Town of Kure Beach did not approve funding for the proposed bike route on Dow Road stating consequently the County would not be asked for funding. ~