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HomeMy WebLinkAbout1977-05-02 Regular Meeting .~-'\ ....... t.}) <:Q~ MINUTES OF SPECIAL MEETING, APRIL 25, 1977 (CONTINUED) DISCUSSION CONCERNING APPOINTMENT OF COMMITTEE (CONTINUED) Chm. O'Shields amended his motion to include 1 elected official from each of the governing bodies. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm.' Wright Councilwoman Fonvielle moved for the City of Wilmington, seconded by Councilman Schwartz, that the committee be composed of 5 appointees from each of the 2 governing 0 bodies represented at the table and 2 appointees from each of the 3 beach municipalities plus 1 elected official from each governing body. Upon vote, the motion carried as follows: Voting Aye: Councilmen Bryan, Fonv:iel'le, McLaurin, Roper, Schwartz and Mayor Hal terman Absent: Councilman Green ADJOURNMENT Councilman Roper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion 'carried. Chm. O'Shields adjourned the meeting at 9:02 o'clock-a. m. Respectfully submitted, ~~,/Jr-~ Alyce B. Brown Clerk to the Board ab MINUTES OF REGULAR MEETING, MAY 2, 1977 o ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 2, 1977, at 9:00 o'clock a. m., in the Assembly Room, New Hanover County Adminis- tration Building, Wilmington, North Carolina. Members present were Commissioners, George E. Alper; Karen E. Gottovi; Ellen.C. Williams, Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; Attorney Joseph o. Taylor of the County Attorney's Office, and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. O'Shields called the meeting to order. Rev. Carl M. Lee of Shiloh Baptist Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, APRIL 18, 1977, SPECIAL MEETING, APRIL 19, 1977, AND SPECIAL MEETING, APRIL 25, 1977 Upon motion by Corom. Alper, seconded by Comm. Williams, the Minutes of the Regular Meeting of April 18, 1977, Special Meeting of April 19, 1977; and Special Meeting of April 25, 1977, were unanimously approved as presented. PUBLIC HEARING - USE OF GENERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1977-78 Federal Regulations required the Budget Officer to hold a public hearing to receive 0 comments 'and suggestions as to how Revenue Sharing Funds for the coming Fiscal Year should be used. The Budget Officer, County Manager Dan W. Eller, explained how Revenue Sharing Funds had been used in the past and stated that it was estimated that New Hanover County would receive $950,232 in the coming fiscal year. Mr. Eller opened. the Public Hearing for suggestions and comments from the public for use of these funds. r o o o -. ?- 27, MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) PUBLIC HEARING - REVENUE SHARING FUNDS (CONTINUED) The following persons appeared to request that corisideration.be given to of these funds for construction of a Library: the use I Dr. E. Stuart Benson, Chairman, Library Board of Trustees Mrs. Ann Wilkinson, President, New Hanover Friends of the Public Library Mr. S. Thomas Rhodes Mr. Lee Shel ton The following persons appeared to request that consideration be given to the use of the funds for the Courthouse: Judge Gilbert H. Burnett Sheriff H. G. Grohman Mr. W. T. Childs CONTINUANCE OF PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING PROPERTY LOCATED ON THE SOUTHWEST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 750 FEET SOUTH OF U. S. HWY. 17 FROM R-15 (RESIDENTIAL DISTRICT) TO B-I (BUSINESS DISTRICT) IN ZONING AREA #8B. AND PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE FAILURE OF THE PLANNING COMMISSION TO RECOMMEND APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTHWEST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 750 FEET SOUTH OF U. S. HWY. 17 FOR BOAT STORAGE IN ZONING AREA #8B. Corom. Gottovi moved, seconded by Comm. Alper, to continue these two public hearings to the meeting of June 6, 1977, at 9:30 a. m.,at the request of the petitioners. Upon vote, the motion carried unanimously. DISCUSSION ON PUBLIC HEARING FOR ZONING MATTERS AND SPECIAL USE PERMITS ORIGINALLY SCHEDULED FOR THIS MEETING Planning Director Richard Fender reported that there had been a problem with the advertising for the public hearings to be held this morning in that the time requirements had not been met and requested the Board to consider having a special meeting on May 23 to hear these matters. Corom. Alper moved that these public hearings be held on the '6th of June. It was agreed by common consent that these matters would be heard on June 6, since there was not enough time to advertise them for the next regular Commissioners-'_ meeting. . RELEASE OF LETTER OF CREDIT - BAYSHORE ESTATES This item had been tabled from the meeting of April 18 in order for the Commis- sioners to have ,time to review a transcript from the meeting of January 6, 1975, when . said letter of credit had been reduced to $5,000 to insure. improvements in Bayshore Estates, Sections 7, 8 and 9. Chm. O'Shields explained the action taken by the Board at that time. Attorney Taylor offered his op1n1on as to the compliance with the Subdivision Ordinance and what he felt was the intention of County Attorney Fox's opinion at the meeting of January 6, 1975. Comm. Wright moved, seconded by Comm. Williams, that the letter of credit be re~ leased for Bayshore Estates in the amount.of $5,000 and that the County Manager, County Engineer and Planning Director be asked to suggest a policy if they felt it was neces- sary to be changed. Upon vote, the motion carried unanimously. TABLING OF RENEWAL OF CONTRACT. WITH WASTE INDUSTRIES County Manager Eller reported that 'Mr. Lonnie Poole,',President of Waste Incjustries, had requested that this item be postponed until the next meeting. Comm. Wright moved" seconded by Corom. Williams, to postpone the discussion on re- newal of the contract with Waste Industries to May 16, 1977. , Upon vote, the motion carried unanimously. TABLING OF LEAA GRANT APPLICATION - mBILE CRIME LAB Sheriff Grohman appeared before the Board to request the Commissioners approval of an application for LEAA funds to provide for the purchase of a mobile crime lab and the employment of an evidence technician. If approved, the total cost would be $25,487 with the Federal Government supplying $22,938, the State $1,274 and the County $1,275. 28 d...~ MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) MOBILE CRIME LAB (CONTINUED) County Manager Eller explained the reduction in the LEAA funding program over the period of 3 years and that after the 3rd year, the County would have to assume the full responsibility of these programs. Comm. Wright moved, seconded by Comm. Williams, to approve the grant application for the Mobile Crime Lab. Chm. O'Shields made a substitute motion, seconded by Comm. Alper, to put this item baCk on the agenda for the second meeting in May, which is May 16, in order to obtain more information. Upon vote, the substitute motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields o Voting Noe: Comm. Williams .and Wright DISCONTINUING USE OF EXCISE STAMP FORM IN REGISTER OF DEEDS OFFICE Registrar of Deeds, Mrs. Lois LeRay, requested the Commissioners' permission to discontinue using a form requiring purchasers of real property to give the correct amount of purchase price for excise stamp purposes, as it was impossible to enforce signing of the form and it was really a waste of time. Attorney Taylor explained that the Statutes required excise stamps be purchased on the amount of the purchase price, but it did not require a form be filled out and signed. Comm. O'Shields moved, seconded by Comm. Williams, to discontinue the use of this fonn. Upon vote, the motion carried unanimously. PRICE INCREASE FOR MAP COPIES - REGISTER OF DEEDS Comm. Alper moved, seconded by Corom. Williams, that the price for copies of maps in the Register of Deeds Office be increased from $1.50 to $2.00 as recommerided by the Regi;>trar of Deeds and County Manager. Upon vote, the motion carried unanimously. INTENT TO RENEW CONTRACTS WITH VOLUNTEER FIRE DEPARTMENTS The Contracts between the County and the'Volunteer Fire Departments provided that 0 if the County wished to renew the Contracts"it was to give written notice to the Fire Departments at least 30 days prior to the termination date which was June 30, 1977. Comm. Wright moved, seconded by partments that the County planned to aid to be determined at budget time. Comm. Williams, to notify the Volunteer Fire De- renew their contracts with tha amount of financial UpOn vote, the motion carried unanimously. CETA TITLE VI - PROJECT APPLICATIONS Personnel Dire~tor Gary Cannon explained the CETA Title VI project applications and presented a list of the positions requested. The Commissioners were requested to approve the applications for these positions. Comm. Gottovi moved, seconded by Comm. Alper, to approve the project applications for the CETA Title VI funds. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wil~iams and Chm. O'Shields Voting Noe: Comm. Wright .' A copy of the list of positions is contained in Exhibit Book IV, Page 77. APPROVAL OF APPLICATIONS FOR CONTINUATION OF TITLE XX PROGRAMS Mr. Walt Love of the Department of Social Services appeared before the Board to re- quest approval of the following applictions for the continuation of services by third party providers for the Title XX program. 1. Northside Neighborhood Center (Family Service/Travelers Aid) 2. Information and Referral Center (Cape Fear. Voluntary Action Center) 3. Consumer Credit COunseling (Family Service/Travelers Aid) 4. Legal Services (New Hanover Legal Services Foundation, Inc;) o Comm. Alper moved, seconded by Comm. Gottovi, approval of the Title XX applications as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Corom. Wright b o o o , , 29 'J .' MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) APPROVAL OF SOCIAL SECURITY COVERAGE FOR COMMISSIONERS The Commissioners had been furnished copies of a resolution to be adopted if the Commissioners wished to be covered by Social Security. If adopted this resolution would cover members of all other boards, commissions, committees, etc. whose duties require not more than one thousand (1000) hours of service per year and would be irrevocable. Comm. Williams movedi seconded by Comm. Wright, to approve the reso12ution requesting that the Commissioners be covered by Social Security. Upon vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book IV, page. 78. Comm. Wright moved, seconded by Comm. Williams, that this Social Security coverage become effective July 1, 1977, as suggested by the Finance Officer. Upon vote, the motion carried unanimously. APPROVAL OF FORM FOR 1977 TAX NOTICES The Tax Administrator had suggested several different forms separating the school tax on the tax bills, as requested previously by the Co~issioners, and requested their advice as to which form they wished the Tax Office to use. Comm. Williams moved, seconded by Comm. Gottovi, to adopt the form recommended by the County Manager and Tax Administrator (#4A) and that the printing contract be awarded to Jackson & Bell Printing Company. Upon vote, the motion carried unanimously. A copy of the form adopted is contained in Exhibit Book IV, Page 79. BUDGET TRANS~ERS - BUILDINGS AND GROUNDS Comm. Alper moved, seconded by Comm. Williams, approval of the following budget transfers as requested in the Buildings & Grounds budget in order to have sufficient funds to complete this fiscal year: '. 1. $550 from Salaries and Wages, Acct. #11 535 02.. to Telephone & Postage, Acct. #11 535 11. 2., $590 from Salaries and Wages, Acct. #11 535 O~, .to M & R - Autos and Trucks, Acct. #11 535 17. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - SHERIFF'S DEPARTMENT Corom. Gottovi,moved, seconded by Comm. Williams" approval of the following budget amendment in Sheriff's Department to properly account for the' funds received from the LEAA grant to purchase the radio for installation in the helicopter rented by the Sheriff's Department: Debit - Acct. #11 349 18, Federal Grant - Communications - Acct. #11 350 18, State Grant - Communications $711.00 39.50 Credit - Acct. #11 510 74, Sheriff-operating - Equipment $750.50 UP9n vote, the motion carried unanimously BUDGET TRANSFER - ADMINISTRATION Comm. Alper moved, seconded by Comm. Gottovi; approval of the transfer of $750' from Contingencies, Acct. #11 445 61, to Telephone & Postage, Acct. #11 420 11, in the Administration Budget. Upon vote, the motion carried unanimously. BUDGET TRANSFERS - FINANCE DEPARTMENT Comm. Wright moved, seconded by Comm. Williams, approval of the following budget transfers in the Finance Department budget in order to cover expected expenditures through the remainder of the fiscal year: Debit - Acct. #11 445 16, M & R - Equipment $ 300. - Acct. #11 440 02, Salaries & Wages 200. Credit - Acct. #11 440 11, Telephone & Postage $ 175. - Acct. #11 440 14, Travel, ~etings & Schools 125. - Acct. #11 440 22, EqUipment, Rent 125. - Acct. #11 440 27, Advertising 75. Upon 'Vote, the motion carried unanimously. 30 .so MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) BUDGET TRANSFER - NEW HANOVER MEMORIAL HOSPITAL Co~ty Manager Eller reported the following budget transfer was necessary in the Hospital, Expansion' Project, to budget for change orders which had been approved: Debit - Acct. #78 575 70, General' Contract $ 912. Credit - Acct. #78 575 73, Electrical Contract - Acct. #78 575 76, Contingencies $ 57. 855. Upon motion by Comm. Alper, seconded by Comm. Williams,' the above budget transfer 0 in the New Hanover Memorial Hospital Expansion Project was unanimously approved. REQUEST FOR SUPPORT OF LEAA FUNDING County Manager Eller reported that the Criminal Justice Advisory Board of the Cape Fear Council of Governments had requested local governments to contact their Congressmen and Senators urging that proposed reductions of $50 million by the Senate Budget Com- mittee and $250 million by the House Budget Committee not be approved. The Commissioners expressed their opinions on the matter. Comm. Wright moved, second~d by Comm. Alper, to postpone this matter until May 16. Upon vote, the motion carried unanimously. FINAL APPROVAL MILLBROOK SUBDIVISION, SECTIONS 5A AND 7Ar CRESTWOOD SUBDIVISION, SECTION 8A AND SECTION 9, AND WALNUT HILLS SUBDIVISION, SECTION 2A Mr. Harry Oakes of the Planning Department appeared to request final approval on the following subdivision plats: Millbrook, Sections 5A and 7A - Mr. Oakes reported that preliminary and final ap- proval was given these plats by the Planning Commission, Subdivision Review Committee on March 31, 197J, and the preliminary master plan, was recertified, as requested by the Subdivision Review Committee, on April 6, 1977. There was discussion concerning the location of the proposed Southeast Outer Loop in relation to this subdivision. o Comm.' Williams moved to approve Section 5A and 7A of Millbrook Subdivision. The motion died for lack of a second. Crestwood, Section 8A and Section 9 - Mr. Oakes reported that conditional final approval was granted by the Subdivision Review Coromittee' at the meeting of March 31, 1977, and all conditions had been met. Walnut Hills, Section 2A - Mr. Oakes reported this subdivision was granted condi- tional final approval by the Subdivision Review Committee at the meeting on March 31, 1977, and the preliminary master plan was recertified as requested by the Subdivision Review Committee on April 6, 1977. After considerable discussion concerning the paving of stub streets, comm. Alper moved that any street shown on the map, stub or otherwise, be paved by the developer. Comm. Gottovi seconded the motion. Mr. William S. Fundefburg offered his comments on this matter. Comm. Gottovi moved to approve, these subdivision plats. Upon suggestion from Corom. Wright, Comm. Alper amended his motion to include'that the Planning Department would so notify the developers that this would be the 'rule. Comm. Gottovi seconded the motion and upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Wright o Voting Noe: Chm. O'Shields Corom. Alper seconded Comm. Gottovi's motion to approve the subdivision plats and upon vote, the motion carried unanimously. DISCUSSION CONCERNING 6 MONTHS NOTIFICATION TO WASTE INDUSTRIES Comm. Williams questioned the necessity of the 6 months notification to Waste Industries on the renewal of their contract. County Manager Eller explained that this was as much for the County's benefit as for Waste Industries' benefit. o o o 31 MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) ANNOUNCEMENT OF MEETING WITH DEPT. OF HUMAN RESOURCES IN RALEIGH Chm. O'Shields reported that he had been contacted concerning a meeting with the o.;partment of Human Resources in Raleigh relative 'to the Drug Abuse eommittek and requested a volunteer from the Board to attend. Comm. Alper agreed to attend this meeting. RESOLUTION PROCLAIMING CAPE FEAR OPTIMIST DIXIE YOUTH BASEBALL DAYS Chm. O'Shields had been asked by Cape Fear Optimist Club to adopt a resolution proclaiming May 5 through May 10 as "Cape Fear Optimist Dixie Youth Baseball Days" in support of their fund-raising drive for building new ball fields. Comm. Gottovi moved, seconded by Chm. O'Shields, to' proclaim May 5 ~hrough May 10 as Cape Fear Optimist Dixie Youth Baseball Days and encourage people living in that area to support them in their club activities and fund-raising project. upon vote, the motion carried unanimously. IMPROVEMENTS TO PARKING LOT AT HUGH MACRAE PARK AND BUDGET TRANSFER Chm. O'Shields reported that he had been requested to make improvements' to the parking area at Hugh MacRae Park and requested the Board to approve a budget transfer of $500 to cover the estimated cost of putting in a sand/Clay mixture in this area. Corom. Alper moved, seconded by Comm. Gottovi, approval of the ,transfer of $500 from General Capital Reserve - Transfer to General Fund, Acct. #76'575 98, to Maintenance and Repair - Buildings & Grounds, Acct. #11 535 15" in the Buildings & Grounds'Budget to provide funds for filling the parking area at Hugh MacRae Park with ,a sand/clay base. Upon vote, the motion carried unanimously. BIDS RECEIVED ON ITEMS SOLD AT AUCTION County Manager Eller distributed to the Commissioners a list of the items sold at the auction on April 23, 1977, the bids received on ,each item, and the names of ,the ( purchasers. A copy of this list is contained in Exhibit Book IV, Page 80. DISCUSSION ON RESOLUTION RE BOND REFERENDUM FOR WATER SYSTEM The Commissioners had received a copy of a resolution adopted by the Leland Sanitary District, and County Manager Eller reported that they had adopted this resolution to urge both the New Hanover and Brunswick County Commissioners to proceed to hold the necessary bond referendums to meet the Farmers Home Administration requirements on the loan for the Lower Cape Fear Water and Sewer Authority Project. County Manager Eller stated that he would answer the letter and give them the status of the situation in New Hanover County. DISCUSSION ON ACQUISITION OF PARK AT SNOW'S CUT County Manager Eller reported on negotiations concerning the rest area under the bridge at Snow's Cut. Mr. Eller recommended that a letter be written to Secretary Lee of the Department of Natural and Economic Resources requesting that the State Park system assume responsibility of that area in conjunction with the State Park located on the other side of Snow's Cut. Upon motion by Comm. Wright, seconded by COmm. Williams, it was unanimously agreed to write a letter to Secretary Lee, as recommended by County Manager Eller, requesting the 'State Park System to assume responsibility of the rest area. BUDGET TRANSFER - LIBRARY RELOCATION Corom. Alper, moved, seconded by Comm. Gottovi, approval of the transfer of $500 from Contingencies, Acct. #1144561, to Library Relocation, Acct. '#11 660 95, to cover expenses of the downtown location of the Library for another month. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - HEALTH DEPARTMENT Comm. Gottovi moved, seconded by Comm. Williams, approval of the following budget amendment in the Health Department Budget in order to purchase an additional ULV machine for the Mosquito Control program. Debit - Acct. #44 594 02, Salaries & Wages - Insect & Rodent Control - Acct. #44 380 00, Sale of Fixed Assets Credit - Acct. #44 594 74, Insect & Rodent Control ~ Capital Outlay - Equipment $ 700. 1,596. $2,296. Upon vote, the motion carried unanimously. 32 MINUTES OF REGULAR MEETING, MAY 2, 1977 (CONTINUED) BUDGET TRANSFER - SOCIAL SERVICES Upon motion by COmm: Gottovi, seconded by Comm. Alper, the following budget trans- fer was unanimously approved in the Social Services Budget in order to cover expenditures for Special Assistance for Adults through May 1977: Boarding Homes for Children Debit - Acct. #41 610 06, Expenditures - Acct. #41 350 09, Revenues (33%-State, 66%-County) $29, Ill. 15,278. Special Assistance for Adults Debit - Acct. #41 350 04, Revenues Credit - Acct. #41 610 09, Expenditures (50%-State, 50%-County) $13,833. 27,666. ANNOUNCE "RALLY IN RALEIGH" The Commissioners had received a bulletin announcing a "Rally in"Raleigh" for the purpose of insuring that the Counties' viewpoint on various legislative decisions was expressed to members of the General Assembly. County Manager Eller reminded the Com- missioners that there was a $10 registration fee, and if anyone was planning to attend they should notify the clerk. EXECUTIVE SESSION Comm. Gottovi moved, seconded by Corom. Williams, that the meeting be recessed to Executive Session for Committee appointments. DISCUSSION ON PUBLIC HEARING ON COASTAL AREA MANAGEMENT ACT Mr. William S. Funderburg reminded the Commissioners of a Public Hearing to be held on Wednesday, May 4, at the Courthouse on land use planning and amendments to the Coastal Area Management Act. EXECUTIVE SESSION (CONTINUED) Upon vote, COmm. Gottovi's motion for-Executive Session carried unanimously. Chm. O'Shields recessed the meeting to Executive Session at 12:01 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:07 o'clock p. m. REAPPOINTMENT OF PAUL FOSTER TO R. C. & D. BOARD Upon motion by Comm. Gottovi, seconded by Comm. Alper, Mr. Paul Foster was unani- mously reappointed to the Cape Fear Resource Conservation and Development Board for an additional two-year term. ADJOURNMENT Comm. Wright moved, seconded by Comm. Alper, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 12:08 o'clock p. m. Respectfully submitted, ~A5,,~ Alyce B. Brown Clerk to the Board ab .s~ o o o (;: