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1977-02-07 Regular Meeting [ I I. f ' l. II '. ~~~ (~ . 211 ~ MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 7, 1977, at 9:00 0'cl09k a. m. in the Ass~mbly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners George E.Z\.lper; Karen E. Gottovi; Ellen C. Williams; Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller: County Attorney James C. Fox; and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. O'Shields called the meeting to order Rev. Douglas Farmer of Winter Park Baptist Ch:rrch offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 17, 1977, and SPECIAL MEETING, JANUAF.Y 27, 1977 Comm. Wright stated that in the Minutes of th,~ Regular Meeting of January 17, 1977, on Page 259 under "Approval of Committee for Human Service Transportation Study", she had understood that the Board voted to have that s'tudy with the understanding that there was no commitment to it other than the study and she felt that fact should be noted in the Minutes. Comm. Wright als~ stated that on Pag'~ 265 and 266 under "Discussion on Appointment of City/County Committees" she would like to have some clarification to her motion that Comm. Williams and Comm. Gottovi go on the Recreation Committee in that when Chm. O'Shields had asked if there were any objections to his and Comm. Gottovi's serving on the Recreation Committee, Comm. Wright had stated that she would like to see Comm. Williams on the Committee also and suggested that they all three serve on it. Chm. O'Shields stated that it was the feeling that a majority of either Board should not serve on the Committee and requested that it bt~ held to two members. Comm. Alper moved, seconded by Comm. Gottovi, approval of the Minutes of the Regular Meeting of January 17, 1977, with the clarification requested by Comm. Wright and approval of the Minutes of the Special Meeting of January 27, 1977, as presented. Upon vote, the motion carried unanimously. APPROVAL OF BILL FOR ABC FUNDS FOR TOWN OF KURE BEACH Mayor C. R. Smith of Kure Beach and A. A. Canoutas, Attorney for the Town of Kure Beach, appeared before the Board to request approval of a bill for submission to the State Legislature which Bill would entitle the TO~l of Kure Beach to a 20% share of the ABC profits of New Hanover County. Comm. Alper moved, seconded by Comm. Williams, approval of the Bill prepared by County Attorney Fox for recommendation to our LegiBlators for introduction to the General Assembly. Upon vote, the motion carried unanimously. -''', A copy of the Bill is contained in Exhibit Book IV, Page ,52. RESOLUTION PROCLAI~ING HUMAN RELATIONS WEEK Rev. Vivan Martindale, Chairman of the Human I~lations Commission, Rev. M. L. Dillingham and Mr. David Jackson of the Human Relations Office appeared to ask the Com- missioners to proclaim the week' of February 13 through February 20 as Human Relations Week. Comm. Gottovi moved, seconded by Comm. Alper, adoption of the Resolution proclaiming the week of February 13 through February 20, 1977, as Human Relations Week in New Hanover County. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams ar~ Chm. O'Shields Voting Noe: Comm. Wright Comm. Wright stated that by voting "noe" she (lid not mean any offense to anybody but she felt the time had passed for this type of c,ctivity, that it was a good thing at one time but everythin<} had a time and a place and she felt that after awhile they overdid their usefulness. AGREEMENT FOR SHERIFF TO ASSUME ABC LAW ENFORCEMENT Sheriff Grohman and Mr. W. Douglas Powell, ABC Administrator, appeared before the Board to ask approval of a Contract between the ABC Board and the Sheriff's Department in order for the Sheriff to take over the ABC Law Enforcement. The Sheriff and the ABC Board had both approved the Contract. .--~ .------ ,/ ,J?!2. MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) AGREEMENT FOR SHERIFF TO ASSUME ABC LAW ENFORCEMENT (CONTINUED) Comm. O'Shields moved, seconded by Comm. Williams, to approve the was originally agreed upon with the changes that had been made in it. motion carried unanimously. Contract as it Upon vote, the Chm. O'Shields amended his motion to include approval of the following budget amendment in the Sheriff's Budget in order to account for the funds necessary in as- suming the ABC Law Enforcement: For purchase of equipment: ) Debit - Acct. #11 445 61, Contingencies $ 5,663 :) Credit - Acct. #11 514 74, Capital Outlay - EquipmE:nt 5,663 For operating budget: Debit - Acct. #11 336 00, Assessments - Other GoVErnments $26,060 Credit - Acct. #11 514 02, Salaries & Wages $19,284 Acct. #11 514 04, FICA 1,128 Acct. #11 514 06, Hospitalization 325 Acct. #11 514 07, Retirement 1,543 Acct. #11 514 14, Travel, Meetings & Schools 224 Acct. #11 514 16, M & R - Equipment 298 Acct. #11 514 31, Automotive Expense 1,962 Acct. #11 514 33, Supplies & Materials 298 Acct. #11 514 36, Uniforms 224 Acct. #11 514 54, Insurance 401 Acct. #11 514 57, Miscellaneous 373 TOTAL $26,060 Upon vote, the budget amendment was unanimously apI,roved. A copy of the Contract is on file in the County Manager's Office. BUDGET TRANSFER - JAIL Comm. williams moved, seconded by comm. Alper, approval of the following budget amendment in the Jail Budget as requested by Sheriff Grohman: i f\ j Debit - Acct. #11 520 02, Salaries & Wages Acct. #11 520 14, Travel, Meetings & Schocls Acct. #11 520 15, M & R - Buildings & Grounds Credit - Acct. #11 520 33, Supplies & Materials Upon vote, the motion carried unanimously. $13,000 800 2,000 $15,800 '" x BUDGET AMENDMENTS - SHERIFF'S DEPARTMENT Sheriff H. G. Grohman and Capt. T. H. Evans of the Sheriff's Department appeared before the Board to request several budget amendments in the Sheriff's Budget. County Manager Eller explained the following budget transfers that were requested within the Sheriff's Budget: Transfer $200 from Professional Services, Acct. #11 510 04 and $300 from Printing, Acct. #11 510 12, to utilities, Acct. #ll 510 13. The purpose of this transfer is to provide funds to pay the bills for electric service to the radio tower which was not anticipated when the budget was prepared. Transfer $400 from Equipment Rent, Acct. #11 510 22, to Copying and Dupli- cating, Acct. #11 510 32. Transfer $1,000 from Uniforms, Acct. #11 510 36, to Telephone and Postage, Acct. #11 510 ll. f'\ / County Manager Eller stated that the Sheriff had also requested an additional $ll,OOO appropriation for Maintenance & Repair - Autos a1d Trucks and an additional $11,000 appropriation for Automotive Supplies. The County Manager recommended the use of part of the funds that were available from Title II of the Public Works Employment Act of 1976 for this purpose and stated that the following budget amendment was neces- sary in order to appropriate these funds properly: Appropriate $22,000 to the Revenue Item in the Revenue Sharing Trust Fund - Antirecessionary Funds, Acct. #56 349 01 ~ I. f [. f I i ' . F! 273 ~ MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) BUDGET AMENDMENTS - SHERIFF'S DEPARTMENT (CONTINUED) Appropriate $22,000 to the Expenditure Item in the Revenue Sharing Trust Fund - Transfer to General 'Fund, Acct. #56 575 96. Appropriate $22,000 to the Revenue Item in the General Fund - Transfer from Revenue Sharing Trust Fund, Acct. #11 397 56 Increase Expenditure Acct., Maintenance & Repairs - Autos and Trucks, Acct. #11 510 17; by $11,000. Increase Expenditure Acct., Automotive Supplies, Acct. #11 510 31, by $11,000. After discussion concernin~ reasons for the additional appropriation in the Maintenance & Repair - Autos and Trucks Acco1mt, Chm. O'Shields moved, seconded by Comm. Williams, that the budget amendments be approved and that the County Engineer be asked to go through ,the items charged to the Sheriff's Department by the Garage and find out if there was a problem. Upon vote, the motion carried unanimously. APPROVAL OF LEAA GRANT APPLICATION - COMMUNICATIONS Chm. O'Shields moved, seconded by Comm. Williams, approval of the Resolution authorizing the LEAA Grant Application for the purchase of a mobile radio to be placed in the helicopter utilized by the Sheriff's Department. Upon vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book IV, Page 53. PRESENTATION OF DIRECTORY OF SERVICES IN NEW HANOVER COUNTY Dr. Ned Martin of the Board of Directors of the Cape Fear Voluntary Action Center and Miss Carol Lee, Director of the Informa,tion & Re ferral Service, presented the Com- missioners with copies of their Directory of Human Care Services in New Hanover County. Dr. Martin explained that the funding for this project had been through the Title XX Program administered by the Department of Social Services and also by a grant from United Way. Miss Lee explained how the directory should be used. BREAK Chm. O'Shields recessed the meeting for a break from 10:10 o'clock a. m. until 10:30 o'clock a. m. ! PUBLIC HEARING Notice had been published that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, February 7, 1977, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF AIRLIE ROAD JUST NORTH OF THE GULF TERMINAL APPROXIMATELY 1,300 FEET SOUTH OF U. S. HWY. 74 and 76 FOR A PIER AND OPERATION OF COMMERCIAL VESSELS IN ZONING AREA #2. Planning Director Richard Fender reported that the Planning Commission had con- sidered this matter at its meeting on January 5, 1977, and recommended approval and the Planning Staff had also recommended approval with the two standard stipulations: 1) The plan as submitted and approved with the application for special use permit; 2) That this special use permit shall comply with all other supplemental regulations and requirements imposed by the County Zoning Ordinance and any other applicable Federal, State or local ordinances. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of a1joining or abutting property or the use was' a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Comm. Williams, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. :~ .----- /' / 2,74 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) SPECIAL USE PERMIT - AIRLIE ROAD (CONTINUED) Chm. O'Shields asked if there was anyone present to speak in favor of this application and Mrs. Helen Morris, the applicant, appea.red to request approval. Chm. O'Shields asked if there was anyone present to speak in opposition to this application and no one appeared in opposition. Upon vote, the motion for approval carried unanimo11sly. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL U:>E PERMIT TO USE PROPERTY ON THE NORTH SIDE OF EASTWOOD ROAD JUST NORTHWEST OF THE IHTERSECTION OF EASTWOOD ROAD AND WRIGHTSVILLE AVENUE FOR INDOOR AND OUTDOOR RECREATIONAL FACILITY IN ZONING AREA #2 Planning Director Richard Fender reported that the Planning Commission had con- sidered this application for a skateboard park with a snack bar at its meeting of January 5, 1977, and recommended approval and the Planning Staff also recommended approval with the following stipulations: r-~)i 1. The plan as submitted and approved with the application for special use permi t. 2. That this special use permit comply with all 01:her supplemental regulations and requirements imposed by the County Zoning Ordinance and any other appli- cable Federal, State or local ordinances. 3. That outdoor operations shall be restricted bet:ween the hours of 8: 00 a. m. and 10:00 p. m. Chm. O'Shields asked if there was anyone present to speak in favor of the Special Use Permit and Attorney Alton'Lennon appeared on behalf of the petitioner and Mr. Woody Styron, the petitioner, appeared to request approval and explain how he planned to build and operate the park. Chm. O'Shields asked if there was anyone present to speak in opposition and Attorney Don Britt appeared and presented a petition from neighbors who were opposed to the Special Use Permit. A copy of the petition is contained in Exhibit Book IV, Page 54. I {'\: I ,f.! The following persons also appeared in opposition to the application: Mrs. J. W. Holman Mrs. Mary Susan Holman Mr. Kay Crocker After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Williams moved, seconded by Comm. Alper, that this Special Use Permit be issued based on the following conditions: 3. No lights be constructed that would shine or reflect directly onto adjacent properties. The outdoor playing of music be at a level so as not to be offensive or obnoxious to adjacent property owners. The buffer across the back of the property be 50 feet and the buffer around the rest of the property be no less than 10 feet. Operations shall be limited to between the hour? of 9:00 a. m. and 10:00 p. m. The plan as submitted and approved with the application for Special Use Permit. That this special use permit comply with all other supplemental regulations and requirements imposed by the County Zoning O~dinance and any other applicable- Federal, State or local ordinances. ~ 1. 2. 4. 5. 6. I / Upon vote, the application was unanimously approved. ~ ...._~._._-_.-.- _.,- ",.-,---,.---..-. . .. . Ie r. L._ Ie r -.., l1I11- i:. ,J MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOI~NDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD APPROXIMATELY 2,200 FEET SOUTH OF PINER ROAD ACROSS FROM LODER AVENUE FROM R-15 (RESIDENTIAL DISTRICT) TO I-I (INDUSTRIAL DISTRICT) IN ZONING AREA #4. Planning Director Richard F~nder reported thai: the Planning Commission had con- sidered this rezoning at its meeting in January amI recommended denial and the Planning Staff also recommended denial. He stated that both the Staff and County Attorney Fox felt that this would be considered spot zoning. Chm. 0' Shields asked if there was anyone preslmt to speak in favor of this rezoning and no one appeared in favor. Chm. 0' Shi elds asked if there was anyone preslmt to speak in opposition and Mr. W. Stier appeared and presented a petition signed by J~esidents of the area who were opposed to the rezoning. A copy of the petition is contained in Exhibi1: Book IV, Page 55. Rev. Ray Stevens also appeared in opposition. Chm. O'Shields requested that the record show that Mr. Piner, the petitioner, did not appear for the public hearing. Comm. Alper moved, seconded by Comm. Williams, Planning Commission and deny this rezoning request. unanimously. to accept the recommendation of the Upon vote, the motion carried PUBLIC HEARING TO CONSIDER AMENDMENT TO ZONING ORDINANCE TO PERMIT BARnER SHOPS IN R-15 ZONE BY SPECIAL USE PERMIT' Planning Director Richard Fender reported that: this item had been tabled from the Commissioners meeting of January 17. He also repOl:ted that the Planning Commission had considered the following amendments to the County Zoning Ordinance at its December meeting and it was considered denied by a tie vote. The Planning Staff had also recom- mended denial. 1. Amend Article V, Section 52-3 by adding tl~ following: (28) Barber Shop. 2. Amend Article VII, Section 72 by adding the following: 72-28 Barber Shop - A barber shop may be permitted in the R-15 District provided: (1) Such activity is on the lot adjacent t.o a major or minor thoroughfare; (2) Off-street parking meets the requirements of Article VII of this ordinance; (3) A paved or otherwise improved driveway, with ingress and egress directly onto a public street, is com:tructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way; (4) No oustide sign in excess of two (2) square feet in area shall be permitted; (5) A planted buffer strip must be provided along all side and rear property lines which adjoin a residential zone; and (6) All structures shall have a side and rear yard ten (10) feet and a front yard twenty-five (25) feet greater than that required for a single family residence within the R-15 District. Chm. O'Shields asked if there was anyone present to speak in favor of these amend- ments and Attorney Alton Lennon representing the petitioner appeared to request approval. Mr. Marvin Harriss, the pe~itioner, offered his comments. Chm. O'Shields asked if there was anyone present to speak in opposition and Rev. John Futchs appeared along with several other residents of the area who opposed this amendment. Comm. Alper moved, seconded by Comm. Gottovi, that these amendments to the Zoning Ordinance be denied and that we maintain our zoning situations as they were wherever it is possible to protect the people who buy and hope that they have the protection that is offered them by zoning. Upon vote, the motion carried as follows: Voting Aye: COIrum. Alper, Gottovi, Wright and Chm. 0' Shields Voting Noe: Comm. Williams ,~ ..---- (' 276 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) PROGRESS REPORT ON LAW ENFORCEMENT CENTER AND REPAIRS TO THE LIBRARY Mr. Sam O'Shields of Ballard, McKim & Sawyer, Architects, appeared to give a progress report on .the construction of the Law Enforcement Center and the repairs to the Library. He stated that there had been delays caused by the bad weather conditions, but if there were not too many more delays, the Library repairs should be completed by May 15 and the construction of the Law Enforcement Center should be completed by October 1, 1977 . DISCUSSION OF NUTRITIONAL AND SOCIAL SERVICE PROGRAM FJR THE ELDERLY This item had been considered by the Commissioners at their meeting of January 17, "~'" ,'_, but due to a tie vote no action was taken. ' j County Manager Eller reported that Robert Clark of Sencland Community Action Program had called and stated that he was no longer interested in operating this program in New Hanover County. Ms. Meredith Cosby of Region "0" Family Resources; Mr. Dan Morton of United Way; Mr. E. C. Snead, Chairman of the Board of Directors of Services for the Aging; Mrs. Oolli Asbury, Director of Services for the Aging; and Mr. Carl Schlegelmanfrom the N. C. Services for the Aging all appeared before the Board to offer their comments on the program and the needs it would serve in New Hanover Co'xnty. No action was taken since it was felt the program could not get underway until the next fiscal year. REQUEST FOR "NO WAKE" ZONE Mr. John crossley, representing the Edgewater Development Company, appeared to re- quest a 300 foot extension of the existing "no wake" zone in the Intracoastal Waterway parallel to Airlie Road. Chm. O'Shields moved, seconded by Comm. Wright, to authorize the County Manager to proceed with the necessary advertising for the public hearing to extend the "no wake" zone 300 feet south as requested. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - AIRPORT Comm. Wright moved, seconded by Comm. williams, approval of the following budget amendment as recommended by the County Manager in ordeJc to pay the City of Wilmington the charges for the sewer system at the Airport from the beginning of operation on February 15, 1975, through December 1976: f)_! 1. Appropriate $42,193 to the Revenue Item in thE~ Revenue Sharing Trust Fund - Antirecessionary Funds, Acct. #56 349 01. 2. Appropriate $42,193 to the Expenditure Account: in the Revenue Sharing Trust Fund - Transfer to Airport Fund, Acct. ~t56 575 97. 3. Appropriate $42,193 to the Revenue Item in the Airport Fund - Transfer from Revenue Sharing Trust Fund, Acct. #31 397 56. 4. Appropriate $42,193 to the Expenditure Item in the Airport Fund utilities, Acct. #31 650 13. The County Manager explained the he and the County Engineer still felt the charges were higher than they should be but they had gone as far as they could in the negotiations with the City. The funds to pay this bill were available from Title II of the Public Works Employment Act of 1976. Upon vote, the budget amendment was unanimously arproved. j' ACCEPTANCE OF STATE GRANT - AIRPORT ~ Mr. John Westbrook, Airport Manager, and Mr. R. C. Shackelford, Assistant Airport L, Manager, reported that the County had been offered a State Grant in the amount of $75,800 / to be used for the strengthening of runway 5-23 and requested the Commissioners adopt the Resolution accepting the grant. This Agreement superseded the previous grant in the amount of $61,050 for the same project. Comm. Wright moved, seconded by Comm. Alper, that the Grant be accepted and the Resolution of acceptance be adopted with the County Manager being authorized to sign the acceptance. Upon vote, the motionaarried unanimously. A copy of the Resolution is contained in Exhibit Book IV, Page 56. ~ .-- ---- ---,-_.~_.,----,----~ -. ---- -- ...-....,-.--- . i. . .. J'j ~ ') t.., ..~ ~J "lIt MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONnNUED) APPROVAL OF CONTRACT WITH PIEDMONT AVIATION, INC. Airport Manager, John Westbrook, and the Ass:Lstant Manager, R. C. Shackelford, reported that the Contract between the County and Piedmont Aviation, Inc. had expired September 30, 1975, and the negotiations for another contract had been concluded. They reported that the Contract had been executed by piedmont and requested the Commissioners authorize execution of the Contract retroactive to October 1975. Comm. Alper moved, seconded by Comm. Gottovi., authorization for the execution of the Contract with piedmont Aviation, Inc. Upon ~>te, the motion carried unanimously. A copy of the Contract is.on file in the COWlty Manager's Office. MOTION TO BREAK FOR LUNCH Comm. Wright moved to recess the meeting for lunch. The motion died for lack of a second. RESOLUTION APPROVING APPLICATION FOR STATE AND EN'TIRONMENTAL PROTECTION AGENCY GRANTS - NORTHEAST INTERCEPTOR County Manager Eller reported that it was necessary to get this application in so that State funds could be obtained. Mr. Henry von Oesen and Col. Paul Denison of Henry von Oesen & Associates appeared to request authorization for the Chairman to sign the application for the Clean Water Bond funds in the amount of $86,000 for the design of the Northeast In terceptor . Comm. Gottovi moved, seconded by Comm. Alper, to make application for the State and Environmental Protection Agency Grant for the Northeast Interceptor and adoption of the resolution authorizing the application. UI~n vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book IV, Page 57. APPLICATION FOR $750,000 CLEAN WATER BOND GRANT Mr. Henry von Oesen ~'.nd Col. Paul Denison of Henry von Oesen & Associates explained tha't it was necessary to tie up the remaining County allocation in the Clean Water Bond Act which was approximately $750,000. Col. Denison stated that the County-designated funds which were not allocated would be returned t:o the State's allocation and be dis- bursed to other needy projects, and that the deadline for filing application was March 3l. They requested the Commissioners authorize the application for the first phase of the regional water project, which was the companion project for the sewerage project. in order that the allocation to New Hanover County ~)uld not return to the State. Chm. 0' Shields moved, seconded by Comm. Gottovi, to go ahead" and proceed with the application and schedule a special meeting sometime after next week for representatives of Henry von Oesen & Associates to review the plan with the Commissioners. Upon vote, the motion carried unanimously. It was tentatively agreed to have a Special Neeting on Thursday, February 24, at 9:00 a. m. and also have representatives from the City of Wilmington and Wrightsville Beach present for the review of the Plan by Henry von Oesen & Associates. LUNCH BREAK Comm. Wright moved, seconded by Comm. Williams, to go to lunch. Chm. O'Shields recessed the meeting for luncb from 12:45 p. m. to 1:30 p. m. BUDGET TRANSFER - CAPE FEAR TECH County Manager Eller explained the reasons for the transfer requested by Cape Fear Tech stating that the $700 was needed for paper goods and cleaning supplies and the $300 was needed to repair an air compressor motor. Comm. Williams moved, seconded by Comm. Wright, approval of the transfer of $1,000 from Salaries - Housekeepers, Acct. #6l04, to the following accounts: $700 to Supplies and Materials, Acct. #6113 and $300 to Repairs to Facilities, Acct. #6223, in the Cape Fear Tech Budget. Upon vote, the motion carried ~nanimously. ADOPTION OF RESOLUTION RE DRIVING UNDER THE INFLUENCE Comm. Wright moved, seconded by Comm. Gottovi, to endorse the Onslow County Resolu- tion in support of legislation requiring a mandatcry jail sentence upon conviction of driving while under the influence of drugs or alcchol. Comm. Alper moved, seconded by Comm. Wright, to endorse the action of the Onslow County Board of Commissioners Resolution. Upon vote,the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book IV, Page 58. -~ /',...- ( 278 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) RESOLUTION REQUESTING ADDITION OF VICTORY GARDENS DRIVE TO STATE ROAD SYSTEM Comm. Alper moved, seconded by Comm. Williams, th~ adoption of a resolution requesting the addition of Victory Gardens Drive to the State Secondary Road System. Upon vote, the motion carried unanimously. A copy of the Resolution is on file in the County Manager's Office. DISCUSSION ON WITHDRAWAL FROM SOCIAL SECURITY SYSTEM Comm. Williams explained her reasons and requested the Board to consider filing a f"\ Notice of Intent to withdraw from coverage of the County employees by Social Security. I ) She stated that filing the Letter of Intent did not require immediate action but by doing so the Board would have two years to make a decL>ion on whether or not this coverage should be eliminated. Comm. Williams felt that the employees should not be required to be covered by the County Retirement System' and the Social Security System and wanted the employees to be able to have the choice. Comm. Williams moved to write a Letter of Intent 1:0 withdraw from the Social Security System. The motion died for lack of a second~ Chm. 0' Shields moved, seconded by Comm. Gottovi, 1:0 table this matter until the County Manager could gather more information on the effects of withdrawing from the , Social Sec~rity System. Upon vote, the motion carried'as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Voting Noe: Comm. Williams DISCUSSION ON ADDITIONAL BUSINESS TAX Comm. Williams requE;!sted the Commissioners to com:ider seeking' legislation to permit the levying of an additional tax on businesses and professional people. Her reason for doing this was to try to relieve some of the burden from the property owners in the event a tax increase was necessary. She felt it was unfair t,o have to increase property taxes whenever, a tax increase was necessary. Each of the Commissioners offered comments on thi1:, matter but no action was taken. I), DISCUSSION ON PREPARATION OF BUDGET FOR FY 1977/78 County Manager Eller stated that he would like to have the benefit of any kind of suggestions or guidelines the Commissioners would like for him to use in the preparation of the budget for the next fiscal year. Mr. Eller outlined some of the items that he was proposing be changed in the budget which were the wanner in which the school budget was presented, a system of numbers to be used as a personnel budget instead of listing the names and salaries of each employee in the budget a'nd the method of" budgeting the public assistance funds. The County Manager was requested to keep the personnel listings the way that it had been in the past as it was felt the budget had been satisfactory the way it had been done in that everything ..va8pen and caused a lot less criticism. Mr. Eller reported that the Governor had proposed ~ 6.5% cost of living increase for teachers and state employees and requested directio~ from the Commissioners on this matter. Chm. O'Shields asked which Commissioners were in favor of going with the State's cost of living guide, and the vote was as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright r\ Comm. Williams moved that all Department Heads be asked to hold their budget requests for operating expenses as near as possible to 1:he same level as last year. The motion died for lack of a second. j. Chm. O'Shields moved, seconded by Comm. Gottovi, to allow the County Manager to prepare the budget along the lines of the County's assunring the operation of the Library. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright ~ :.j"' I. I , I. t. ;, ~. ,,~""'; rei i:~~ f ~ 1,79 MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) APPROVAL OF REQUEST FOR REDEVELQPMENT AREA DESIGNATION The County had been advisediby the Economic Development Administration that, due to the unemployment rate, i~was eligible for designation as a redevelopment area. This designation would provide a' 10% bonus on any EDA grants awarded to New Hanover County. Chm. 0' Shields moved, seconded by Comm. Alper" to request that New Hanover County be declared a Redevelopment Area as recommended by the County Manager. Upon vote, the motion carried unanimously. PRESENTATION OF ECONOMIC DEVELOPMENT PLAN FROM SEDC County Manager Eller presented to the Commissioners copies of the Overall Economic Development Plan compiled by the Southeastern Economic Development Commission for their review and approval or endorsement. PRESENTATION OF COUNTY PERSONNEL POLICY County Manager Eller presented to the Commissioners copies of a rewrite of the County Personnel Policy and requested that they re'liew it and offer comments and suggestions. DISCUSSION ON ENERGY SAVINGS County Manager Eller requested direction from the Board on the matter of savings on energy in view of the steps that had been taken in regard to State offices going to a 4-day week. It was his recommendation that the County Offices maintain the same hours as they were currently working because he felt the sa'rings would not be enough to justify the disruption in services caused by the change of hours. No action was taken on this matter. MEETING TO DISCUSS CAMA County Manager Eller reported on a request fr:>m Mr. Rob Moul of the Coastal Resources Commission for an informal Special Meeting with the Commissioners, Planners and Inspectors to talk about the implementation of the Coastal Area Management Act. It was agreed to invite Mr'. Moul to the Speci3.l Meeting that was tentatively scheduled for February 24 and have him come at l:OD p. m. CHANGE IN REMITTING FUNDS TO DRUG ABUSE COMMITTEE fOR TRANSIENT SHELTER County Manager Eller reported that Mr. John Hess, Director of the Drug Abuse Program, had requested that the funds be remitted for the Transient Shelter Program as the invoices were submitted instead of quarterly as called for in the COntract. The purpose of this request was so that all the funds would be paid o~t in this fiscal year, and they had assured the Board that they would not request any funds for the next fiscal year. Comm. Williams moved, seconded by Comm. Gottovi, approval of this deviation from the Contract as requested. Upon vote, the motion cazried unanimously. CLOSING OF TAX OFFICE FOR MOVE TO ADMINISTRATION BUILDING County Manager Eller reported that tentative plans had been made for the Tax Office to be closed on March 31 and April 1 in order to move the offices to the Admin-- istration Building. DISCUSSION ON PROBLEMS WITH BOILERS IN THE SCHOOLS County Manager Eller reported that Dr. Bellamy had many problems with the boilers in the schools needing repairs and replacements caused by the extremely cold weather and stated that he had suggested using some of the antirecessionary funds that were available under Title II of the Public Works Employment Act for this purpose. It was the concensus of the Board to give Dr. Bellamy permission to advertise for bids for a new boiler at Forest Hills School to be purchased with approximately $12,000 of the antirecessionary funds. The County Manager was requested to get a breakdown from Dr. Bellamy on the request for $150,000 for additional r~pairs and replacements to boilers. GRANT AMENDMENT - ARCHAEOLOGICAL & VEGETATIVE STUCY FOR 201 FACILITIES PLAN Comm. Gottovi moved, seconded by Comm. Williams, approval of the grant amendment in the amount of $1,233 to compensate for the Archaeological and Vegetative studies necessary for the 201 Facilities Plan i.n the Greater Wilmington area. Upon vote, the motion carried unanimously. '" +_.._-. - .... ~ - ~ .-..+ ""-"'-,'~' ~ ., - - .,:....-~,._. .." -..." - ~ ~ po MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) PROPOSAL TO PURCHASE LAND ON RIVER FOR BOAT RAMP Comm. Wright suggested the possibility of using SOmE! of the Title II Antireces- sionary funds for the purchase of some land on the river for a boat ramp. County Manager Eller stated the he didn't believe the funds could be used for land acquisition and they could not be used for any kind of new program but only for the continuation of existing programs. DISCUSSION ON FORMATION OF NEW RESCUE SQUAD AT CASTLE HA'lNE Comm. Wright requested that the Board go on record ilnd formally notify the persons involved in forming a new rescue squad at Castle Hayne that it is not in a position to issue any more ambulance franch~s for rescue squads because the County is well covered by emergency services and cannot support any more. ~ Comm. Gottovi suggested the possibility of having someone coordinate the Emergency Services in the County. REQUEST TO WRITE LEGISLATORS Comm. Wright requested that the Board write to the three Legislators concerning the following items: 1. They should pay particular attention to making the State pay for what it required rather than requiring it and passing the problem of how to pay for it on to the counties. 2. Revising the Campaign Reporting Law so there would not be as many reports to turn in and it should also be made to apply to all the different counties and cities because as it now stands only 25% of the counties and a lot of the cities are not covered by it. 3. Ask them to vote for the Bill to move the primaries to May and combine the Presidential and the State and local ones as thEY used to be. 4. A simple method of getting issues of local inteI'est on the ballots, when there was an election anyway, as sort of a straw vote to use as a guide in making decisions. ~1 ) 5. Endorse efforts to get stronger legislation on t.he pornography issue. Comm. Gottovi added to the list'endorsement of the Homestead Tax Exemption Increase. Comm. Williams added to the list the inclusion of New Hanover County in the Bail Bond matter and also that they not enact the legislation concerning trash dumping, suggested by Judge Gilbert Burnett, until another systeDl is provided. (It was agreed not to include the latter request on trash dumping.) Comm. Gottovi also added the endorsement of "piggybacking" for State Income Tax. REQUEST FOR NIGHT MEETINGS Comm. Gottovi stated that she would like to have a monthly night meeting of the county Commission scheduled to be held in alternating sections of the County to give the people in the various areas the OPP?rtunity to come to the meetings and speak to any issues that were important to them. Each of the Commissioners expressed their opinions on the matter. APPOINTr.1EUT TO DOWNTOWN REVITALIZATION COMMITTEE Chm. O'Shields reported that Mayor Halterman had r~quested the County commission to appoint someone to the Downtown Revitalization Committee. .~ ,1 / Comm. Gottovi agreed to serve on the Committee. APPOINTMENT TO LIBRARY COMMITTEE Comm. Alper and Comm. Gottovi volunteered to Chm. O'Shields moved that they be there by will. unanimously. serve on a Library Committee and Upon vote, the motion carried REQUEST FOR LETTER OF INTENT FOR DUNE RESTORATION FOR FY 1979 Chm. O'Shields reported on the receipt of a letter from Mayor Sawyer of Wrightsville Beach requesting a Letter of Intent from the commissioners for funds in the amount of $60,500 for dune restoration at Wrightsville Beach for Fiscal Year 1979. ~ 2g1 -.., MINUTES OF REGULAR MEETING, FEBRUARY 7, 1977 (CONTINUED) DISCUSSION ON DUNE RESTORATION (CONTINUED) County Manager Eller stated that there was $7:!,000 in a General Capital Reserve Fund for projects of this sort and was being appropriated each year even though none of it had been spent since he had been County Manager. Comm. Williams reported on the meeting she had attended in Raleigh with the Port, Waterway and Beach Commission. I. No action was taken on the request. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Williams" that the meeting be recessed to Executive Session for Committee Appointments and A1:torney/Client matters. Chm. O'Shields recessed the meeting to Executive Session at 3:29 o'clock p. m. COMl1. WRIGHT LEFT THE MEETING AT 3:50 O'CLOCK P. M.. Chm. O'Shields reconvened the meeting to Public Session at 4:20 o'clock p. m. REQUEST FOR REPORT ON DOG CONTROL Comm. Gottovi requested the County Manager to give a report at the next meeting on what the dog control law actually did and what 1:he wardens should be doing and a physical plant status report, as she had received nany calls compla.ining about the situation. APPOINTMENTS TO NEW HANOVER ,COUNTY INDUSTRIAL FACI]~ITIES AND POLLUTION. CONTROL FINANCING AUTHORITY AND THE COASTAL RESOURCES ADVISORY COUNCIL Comm. Gottovi moved, seconded by Comm. Williill1s, the appointment of the following persons to the New Hanover County Industrial FacilJ.ties and Pollution Control Financing Authority for the terms specified: Ie Seymour Alper 6 years George W. Jones, Jr. 6 years L. Bob Helms Ei years Ja.mes K. Larrick 4 years Henry E. Longley 4 years Ezra Hester ;~ years Chester Wiggins 'I years .. and Comm. Karen E. Gottovi to represent New Hanover County on the Coastal Resources Advisory Council. Upon vote, the ffiotion carried as follows: ^'\ Voting Aye: Comm. Alper, Gottovi, Williams, Clnd Chm. O'Shields Absent: Comm. Wright Comm. Alper moved, seconded by Chm. O'Shields, adoption of the Resolution forming the New Hanover County Industrial Facilities and Pollution Control Financing Authority. Upon vote, the motion carried as follows: voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright A copy of the Resolution is contained in Exhibit Book IV, Page 59. r -I l. It was agreed to set the organization meeting for this Authority for February 22, 1977, at 7:30 p. m. in the County Commission Assembly Room. COUNTY MANAGER AND CHAIRMAN OUT OF TOWN County Manager Eller reported that he would bE! out of town on Wednesday, Thursday and Friday attending the annual Hanager's meeting in Chapel Hill and Chrn. O'Shields re- ported that he would be out of town on Tuesday and Wednesday. :-----~ ./" I,,'~) ,,' ') I /,, '),., I ii.,;; . ADJOURNMENT Comm. Alper moved, seconded by Chm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright Chm. O'Shields adjourned the meeting at 4:27 o'clock p. m. Respectfullr submitted, a:~-- ~. ~~..,,~ .~ Alyce B. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, FEBRUARY 21, 1977 ASSEMBLY The New Hanover County Board of Commissioners met i~ Regular Session on Monday, February 21, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commiss~oners George E. Alper; Karen E. Gottovi; Ellen C. Williams; Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. O'Shields called the meeting to order. Rev. G. L. Pridgen of First united Pentecostal Church offered the invocation. ~ /- APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 7, 1977 UP<Jn motion by Comm. Wright, seconded by Comm. Williams, the Minutes of the Regular Meeting of February 7, 1977, were unanimously approved as presented. LETTER OF INTENT TO PARTICIPATE IN DUNE RESTORATION PROJECT AT WRIGHTSVILLE BEACH Mayor Robert Sawyer of Wrightsville Beach appeared'before the Board to request a letter of intent from the Commissioners to participat~ in the dune restoration project for Wrightsville Beach in the amount of $60,500 in Federal Fiscal Year 1979. This matter had been discussed at the Commissioners' meeting of February 7, but no action was taken. Mayor Sawyer reported that this figur'e was based on a formula whereby the State would contribute $605,000; New Hanover County '$60,500; and Wrightsville Beach $91,000. Col. Homer Johnstone of the Corps of Engineers offE!red his comments and reported to the Commissioners what he felt needed to be in the letter of intent to satisfy the requirements of the Federal Government. Due to the fact that another project at the South ~retty was already in operation, and the sand from that project could be used for dune r~!storation, and the cost that would be involved if there was no State or Federal sup~)rt for this project, Comm. Williams ITOved, seconded by Comm. Gottovi, that such a letter of intent be written. Comm. Williams amended her motion to include that 1:he amount be using the amount of $60,500 in the letter of intent. Upon vote, the unanimously. based on the formula ~ ~ motion carried ()~ f- DISCUSSION OF ABC PROFITS FOR CAROLINA BEACH Mayor Richard Kepley of Carolina Beach appeared before the Board to request they reconsider the legislation requested at the meeting of February 7, which would allocate to Kure Beach 20% of the profits of the ABC Store at Carolina Beach. Mayor Kepley presented the Commissioners copies of a bill allocating to Carolina Beach 95% of the profits of the ABC Store located in that town, and requested their endorsement in pre- senting this bill to the Legislature. This bill would allocate the 20% of the profits requested by Kure Beach from the General Fund of the County's ABC profits. Carolina Beach Town Manager,Sheila Davis, offered her comments on this matter. ~-_._.