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1978-02-06 Regular Meeting o o o 165 MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 ASSEMBLY The New Hanover County Board of Commissioners met ,in Regular Session on Mon~ay, February 6, 1978, at 9:00 o'clock a. m. in the Assembly Room, ,New Hanover County Administration Building, 320 Chestnut Street, 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: County Attorney James C. Fox: and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chrn. O'Shields called the meeting to order. Rev. Fritz Hudson of the Unitarian Universalist Fellowship offered the invocation a APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 16, 1978'; AND SPECIAL MEETING, JANUARY 23, 1978 Comm. Wright moved, seconded by Comm. Gottovi, to approve the Minutes of the Regular Meeting of January 16, 1978, and the Special Meeting of January 23, 1978, as presented. Upon vote, the motion carried unanimously. APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 31, 1978 Comm. Wright requested that she be allowed to abstain from voting on approval as she was not present at the meeting. Comm. Williams moved, seconded by Comm. Gottovi, that the Minutes of the Special Meeting,of January 31, 1978, be approved as presented and that Comm. Wright be allowed to abstain from voting. Upon vote, the motion'carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields Abstaining: Comm. Wright RECOGNITION OF JOHN A. WESTBROOK UPON HIS RETIREMENT Chrn. 0' Shields recognized Mr. John A. Westbrook upon his retirement from the New Hanover County Airport after 30 years of service. Chrn. O'Shields presented Mr. Westbrook with an engraved medallion of the County seaL'.. CONTINUATION OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF NORTH KERR AVENUE 495 FEET EAST OF HIGHWAY 117 FROM A-R (AIRPORT RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT). At the request of Mr. Jack Courtright, the petitioner, Chrn. O'Shields reported that this Public Hearing would be continued until the'second meeting in February. (Motion for continuance made later in the meeting.) DISCUSSION OF GRANT FOR AMBULANCE FOR OGDEN RESCUE SQUAD Mr. Tim Caulder and Mr. Ray Stanford of the Ogden Rescue Squad appeared before the Board and reported that they had been advised of an objection from Mr. Henry Hoyle, a local emergency service provider, to their application for a grant under the Governor's Highway Safety Program. They requested that, since their application would not be approved, the Commissioners retract the application so someone else could apply for the funds and that the Board consider possible legal action against Mr. Hoyle or revoke his ambulance franchise. They also requested that they be allowed to use the $10,000 allocated to purchase an ambulance on their own. Chrn. O'Shields read into the record a letter that Mr. Caulder had received from Mr. Hoyle. A copy of the letter is contained in Exhibit Book V, Page 66. Camm. Wright moved, seconded by Camm. Williams, to request that Mr. Hoyle furnish his balance sheets and profit & loss stat~ments for the last three years in order to determine his fiscal responsibility and hrs frnancial ability to provide emergency service. Upon vote, the motion carried unanimously. Comm. Gottovi moved to write a letter to Mr. Hoyle indicating the Board's request that he approve this grant request and in~orm the Board of his decision immediately. Carom. Wright suggested that he be reminded of all the things the Board had done to try to help him. 166 I/' (. MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED) DISCUSSION ON AMBULANCE (CONTINUED) Comm. Alper requested Comm. Gottovi's motion be amended to include the statement that Mr; Hoyle',s'action in not signing the letter of approval was contrary to the feeling of the Board and its motives and, therefore, the Board requests that he sign the letter. Comm. Williams seconded Corom. Gottovi' s motion and the amendment and uPon vote, the motion carried unanimously. It was the concensus of the Board that if Ogden did not get their ambulance under the grant, they could still use the $10,000 allocated by the Commission on January 16. o BREAK Chrn. O'Shields recessed the meeting for a break from 9:40 o'clock a. m. until 9:46 o'clock a. m. DISCUSSION ON AMBULANCE GRANT (CONTINUED) Comm. Wright moved, seconded by Comm. Williams, that a letter be written to the proper state officials expressrng the Board's view that this was not a competition item as far as the ambulances were concerned. Upon vote, the motion carried unanimously. PROCLAMATION, - HUMAN RELATIONS MONTH Rev. Vivan Martindale and Mr. David Jackson of the Wilmington/New Hanover Human Relations Commission appeared to request,the Board to adopt a Resolution proclaiming the month of February as Human Relations Month. Comm. Alper claimed as Human as follows: moved, seconded by Camm. Williams, that the month of February be pro- Relations Month in New Hanover County. Upon vote, the motion carried Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. 0' Shields Voting Noe: Comm. Wright o PUBLIC HEARING - REGIONAL LAND USE PLAN Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments, and Mr. Bill Reilly and Mr. Ralph Cantral of the Council of Governments presented to the Commissioners the Regional Land Use Plan prepared by the Council of Governments. Chrn. O'Shields asked if there was anyone present to comment on this Regional Land Use Plan and no appeared in this regard. Comm. Gottovi moved, seconded by Chrn. O'Shields, to adopt the Regional Land Use Plan as presented by the Cape Fear Council of Governments. Comm. Alper requested that the motion be amended to state that the approval would be granted at the present but sUbject to review and change in the future. Upon vote, the motion and the amendment carried as follows: Voting Aye: Comma Alper, Gottovi, Williams and ChIn. Q'Shields Voting Noe: Comm. Wright PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF AIRLIE ROAD AND ALLEN'S LANE FOR DOCKS, REPAIR, SALES, SERVICE AND STORAGE OF BOATS IN A B-1 DISTRICT (BUSINESS DISTRICT). Planning Director Richard Fender reported that this Special Use Permit had been considered by the Planning Commission at its meeting of January 5, 1978, and both the 0 Planning Commission and Planning Staff recommended approval. Chrn. O'Shields asked if there was anyone present to speak in favor of or in opposition to this Special Use Permit and no one appeared in this regard. After the Cammissionhad 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 o o o 167 MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED) SPECIAL USE PERMIT ON AIRLIE ROAD (CONTINUED) 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; Cornm. Wright moved, seconded by Cornm. Williams, that the Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion,carried unanimously. CONTINUATION OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF NORTH KERR AVENUE 495 FEET EAST OF HIGHWAY 117 FROM A-R (AIRPORT RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) . Comm. Alper moved, seconded by Comm. Williams, to continue consideration of this Special Use Permit until the meeting of February 20, 1978, at 9:30 a. m. Upon vote, the motion carried unanimously. BREAK Chrn. O'Shields recessed the meeting for a break from 10:39 o'clock a. m. until 10:52 o'clock a. m. DISCUSSION ON NOISE ORDINANCE The Commissioners had been furnished copies of a revised Ordinance Prohibiting Loud, Disturbing and Unnecessary Noises in New Hanover County. Sheriff Grohman appeared before the Board and explained the reasons he had requested that a Noise Ordinance be prepared. He also requested that adoption of the proposed ordinance be delayed for ,further review and revision. Chrn. O'Shields asked if there was anyone present to comment on this ordinance and the following persons appeared: Mr. Jimmy Carter, 507 Castle Hayne Road Mr. John Maye, 409 Benjamin Avenue Mr. James A. Ke= County Attorney Fox offered his comments on the Ordinance. It was agreed by common consent to table this matter until further information could be obtained. BUDGET TRANSFER - SHERIFF'S DEPARTMENT Sheriff Grohman and Sgt. Pickler of the Sheriff's Department appeared before the Board to request funds in the amount of $740 for memberships in the YMCA to establish a physical fitness program for the Sheriff's Department. Comm. Alper moved, seconded by Comm. Williams, approval of' the transfer of $740 from Contingencies, Acct. #1144561, to Travel, Meetings and Schools, Acct. #11'51014, to purchase, members in the YMCA. Upon vote, the motion carried unanimously. - , ADOPTION OF ORDINANCE TO LICENSE INSULATION CONTRACTORS County Engineer Robert Williams and Chief Building Inspector Thad Carmichael appeared before the Board to answer questions and explain the proposed ordinance to license insulation contractors. Camm. Gottovi moved, seconded by Comm. Williams, adoption of "An Ordinance to License Insulation Contractors and Others Who Install Materials and Equipment Designed to Meet the Energy Canservation Standards of the State Building Code", with the effective dates changed from January 1, 1978, to March 1, 1978. Upon vote, the motion carried unanimously. A copy of the Ordinance is in the Ordinance Book in the Clerk's Office. ADOPTION OF AFFIRMATIVE ACTION PLAN FOR NEW HANOVER COUNTY Miss Mary Ann Current of the Office of State Personnel and Mr. Gary Cannon, New Hanover COunty Personnel Director, appeared before the Board to answer questions and explain the Affirmative Action Plan, copies of which had previously been furnished the Commissioners. Chrn. O'Shields called for comments from the audience and Mr. John Maye and Mr. C. G. Berry offered comments. 168 /r;,? MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)' AFFIRMATIVE ACTION PLAN (CONTINUED) Comm. Alper moved, seconded by Comm. Gottovi, to endorse the Affirmative Action Plan for New Hanover County. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields Voting Noe: Comm. Wright A copy of the Affirmative Action Plan is on file in the County Manager's Office. o LUNCH BREAK Chrn. O'Shields recessed the meeting for lunch from 12:25 o'clock p. m. until 1:40 o'clock p. m. REPORT ON COUNTY TREE PROGRAM Mr. Durwood Baggett, Agricultural Extension Chairman for New Hanover County, re- ported to the Board on the annual tree distribution program sponsored by the Caunty. APPROVAL OF SUPPLEMENTAL AGREEMENTS TO AIRPORT GRANTS Mr. R. C. Shackelford, Airport Manager, presented to the Board requests for ap- proval of Supplemental Agreements to the Runway Strengthening and the Taxiway "A" Projects at the Airport and also requested that certain actions taken by the Commis- sioners at the meetings of January 3 and January 16 be rescinded. Cornrn. Wright moved, seconded by Comm. Williams, that the following action be taken as requested by the Airport Manager: 1. Supplemental Agreement No. 1 to Dickerson, Inc., contract on the ADAP 04 Project which was approved by the Commissioners on January 3, 1978, be rescinded: 2. Supplemental Agreements No.1 & 2 to Dickerson, Inc. contract on the ADAP 03 Project and Supplemental Agreement No.2 to Dickerson, Inc. contract on the ADAP 04 project which were approved by the Commissioners on January 16, 1978, be rescinded. o 3. Supplemental Agreement No.1 to Dickerson, Inc. contract on the ADAP 04 project be approved. 4. Supplemental Agreement No.1 to Dickerson, Inc. contract on the ADAP 03 project be approved. 5. Supplemental Agreement No. 2 to Bryant Electric Company, Inc. contract on the ADAP 04 Project be approved. 6. Capital Project Ordinances on the ADAP 03 and 04 projects be amended as follows: a. ADAP 03 Debit ~ Paving Contract Credit - Contingencies & Administrative $ 24,557. 24,557. b. ADAP 04 'Debit - Contingencies & Administrative Debit - Contingencies & Administrative Credit - Paving Contract Credit - Lighting Contract $ 8,042. 4,400. 8,042. 4,400. Upon vote, the motion carried unanimously~ CAPITAL PROJECT ORDINANCE - GENERAL AVIATION APRON 0 Airport Manager R. C. Shackelford appeared before the Board to answer questions and explain the Capital Project Ordinance requested for the General Aviation Apron. County Manager Eller reported that the revenues to finance the project should be changed in the Ordinance so that "Transfer from Airport" would be, $17,571, and an additional account "Transfer from General Contingencies" should be added in the amount of $16,479. Comm. Alper moved, seconded by Comm. Williams, to adopt the,Ordinance entitled "Project Ordinance for the Construction of the General Aviation Apron - North, and Preparation of the Exhibit "A" Property Map, Airport Layout Plan Update, Approach & Obstruction Survey and Land Purchase & Clearing", with the changes as indicated by the County Manager. Upon vote, the motion carried unanimously.. A copy of the Ordinance is contained in Exhibit Book V, Page 67. o o o 169 MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED) ACCEPTANCE OF PROPOSAL WITH D' APPOLONIA ENGINEERING FIRM FOR SOIL BORINGS AT AIRPORT Airport Manager R. C. Shackelford reported that proposals had been receivedl from D'Appolonia Consulting Engineers, Soil & Materials Engineers and Law Engineering, and the Airport Consultants had recommended the proposal from D'Appolonia be accepted. Cornrn. Alper moved, seconded by Chrn. O'Shields, to accept D'Appolonia's proposal in the amount of $1,075 with no other costs to be incurred without prior approval of the Board. Upon vote, the motion carried unanimously. DEMOLITION OF BUILDINGS ON AIRPORT PROPERTY Comm. Williams moved, seconded by Comrn. Wright, approval of demolishing 10 buildings on Airport property that were previously used by the National ,Guard. Upon ,vote, the motion carried unanimously. BUDGET AMENDMENT - AIRPORT RUNWAY STRENGTHENING PROJECT Comm. ,Wright moved, seconded by Comm. Williams, to approve the following budget amendment in the Airport Runway Strengthening Project to account for funds that were budgeted in the 1976/77 budget and reverted to the fund balance as of June 30, 1977: Debit - Acct. #31 299 00, Airport Fund Balance Credit - Acct. #31 650 97, Transfer to Capital Project $ 61,174. 61,174. Upon vote, the motion carried unanimoUSly. APPROVAL OF BLEACHERS FOR HUGH MACRAE PARK County Manager Eller read portions of an Agreement with the Winter park Optimist Club which he proposed be attached to their permit to use Hugh MacRae Park for the Little League Baseball Program. Comm. Wright moved, seconded by Comm. Gottovi, to approve the erection'of new bleachers at Hugh MacRae Park by the Winter Park Optimist ClUb and to thank the clUb for them. Upon vote, the motion carried unanimously. APPROVAL OF VOCATIONAL REHABILITATION AGREEMENT Comm. Williams moved, seconded by Comm. Gottovi, approval of the agreement between the County and the NOrth Carolina Division of Vocational Rehabilitation Services. Upon vote, the motion carried unanimoUSly. A copy of the Agreement is on file in the County Manager's Office. DELETION OF BUDGET TRANSFER - HOSPITAL EXPANSION PROJECT County Manager Eller requested the budget transfer in the amount of $2,949 in the Hospital Expansion Capital Project Ordinance be deleted as he had asked for additional information on the matter. He stated that it would be put on the agenda at a later date if necessary. BUDGET AMENDMENT - LIBRARY REPAIRS Cornrn. Wright moved, seconded by Cornrn. Williams, approval of transferring $587.79 from Appropriated Fund Balance to Miscellaneous Expense, Acct. #63 575 57, in the Courthouse and Jail Construction Fund to reimburse the City of Wilmington for repairs to the heating system at the Library which resulted from construction work on Phase I of the Law Enforcement Center. Upon vote, the motion carried ,unanimously. BUDGET AMENDMENT - PUBLIC SCHOOLS Comm. Alper moved, seconded by Comm. Gottovi, approval of the following budget amendment to credit the school system with 1974 taxes collected that were not budgeted: Revenue: Debit - Acct. #52 301 02, Taxes ad valorem, 1974 $ 25,000. Expendi tures : Credit - Acct. #52 660 98, Capital Outlay Fund $ 25,000. Upon vote, the motion carried' unanimously. CLEAN WATER BOND ALLOCATION Comm. Alper moved, seconded by Comm. :Gottovi, to authorize' the Chairman to execute the Offer and Acceptance for Clean Water llond FuncE in the amount of $1,377,745 for con- struction of the Countywide ,Water Syst,em. Upon vote, the motion carried unanimously. 170 /7D MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED) CAROLINA/KURE BEACH 201 FACILITIES PLAN Comm. Alper moved, seconded by Comm. Williams, approval of filing the Clearinghouse Notification Form (OIR Form #1) so the State review of the 201 Facilities Plan for the Carolina/Kure Beach Area can be completed. Upon vote, the motion carried unanimously. DISCUSSION ON PLEASURE ISLAND PIER, INC. Mr. Elton Tucker, Attorney representing the Pleasure Island Pier, Inc., appeared before the Board to ask that the Commission adopt a Resolution approving the offer of sale of the stock of Pleasure Island Pier, Inc., pursuant to the North Carolina 0 Security Act, G. S. 78A-17(13) , for the purpose of promoting community development in order to enable the corporation to avoid having to register under the North Carolina Securities Act to offer its stock for sale as this would involve a great deal of red tape and expense. County Attorney Fox offered his comments on the matter. No action was taken. DISCUSSION ON WEATHERIZATION PROGRAM Mi~s Lela Moore Hall, Director of Social Services, appeared before the Board to report on a meeting she had attended concerning the weatherization program. Comm. Wright moved, seconded by Camm. Alper, that this program be dropped at this time. Upon vote, the motion carried unaniIl'Dusly. , Miss Hall agreed to keep up with the program to see if it could be started earlier next year. DISCUSSION ON CONGREGATE FEEDING PROGRAM Comm. Gottovi had received a petition from persons using the congregate feeding program for the elderly objecting to the quality of meals being served in the program. Mr. George Bryant of Sencland Community Action, operator of the program, appeared before the Board to answer questions. No action was taken. o BUDGET GUIDELINES County Manager Eller requested suggestions and requests from the Commissioners regarding the preparation of the budget for Fiscal Year 1978/79. Chrn. O'Shields moved, seconded by Comm. Williams, to instruct the County Manager to prepare the budget with a 6% cost of living increase for Caunty employees. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields Voting Noe: Comm. Wright AMENDMENT TO PERSONNEL POLICY County Manager Eller explained the amendment to the Personnel Policy, copies of which had been furnished to the Commissioners. Comm. Wright moved approval of the following amendments to the Personnel Policy: P. 19, Article V, Sec. 8, Insert after first sentence in second paragraph: "The three warnings may result from any kind or class of conduct, related or unrelated, constituting failure of performance of duties at any time during employment, and are not limited to those listed in sub-paragraphs (a) through (g) in this section." o P. 20, Article V, Sec. 9, Insert after the word "representative" in the first sentence of second paragraph: "but not limited to" o o o ~ 171. MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED) AMENDMENT TO PERSONNEL POLICY (CONTINUED) Comm. Wright amended her motion to include an additional amendment: whereby an employee would have to sign the letters or warnings acknowledging that he was awl.re that they had been put in his personnel file. I ~ I Comm. Williams seconded the motion and amendment and upon vote, the motion carried unanimously. DISCUSSION ON MUSEUM ANNUAL REPORT Comm. Wright questioned, the jus,tification of costs incurred in printing the Museum's Annual Report, and County Manager Eller explained to the Board, that the Museum Board of Trustees had requested it be done. BUDGET AMENDMENT - LEAD POISONING Comm. Alper moved, seconded by Camm. Gottovi, approval of the following budget amendment in the Health Department to provide for continuous operation of the lead poisoning project: Debit - Acct. #44 368 14, Federal Grant - Lead Poisoning $ 20,184 . Credit - Acct. #44 596 02, Salaries & Wages $ 10,868 Acct. #44 596 04, Professional Services 1,470 Acct. #44 596 05, FICA 657 Acct. #44 596 06, Hospital Insurance 218 Acct. #44 596 07, Retirement 731 Acct. #44 596 10, Auto Allowance 540 Acct. #44 596 11, Postage and Telephone 1,200 Acct. #44 596 14, Travel, Meetings & Schools 1,000 Acct. #44 596 16, Maintenance & Repairs - Equipment 1,000 Acct. #44 596 33, Supplies & Materials 800 Acct. #44 596 45, Contracted Services 1,700 Upon vote, the motion carried unanimously. COUNTY MANAGER OUT OF TOWN County Manager Eller reported that he would be in Chapel Hill on Wednesday, Thursday and Friday of this week attending the City and County ,Manager's Conference. EXECUTIVE SESSION Cornrn. Gottovi moved, seconded by Chrn. O'Shields, that the meeting be Executive Session to discuss land acquisition and committee appointments: the motion carried as follows: recessed to Upon vote, Voting Aye: Comm. Gottovi, Wright and Chrn. O'Shields Temporarily Absent: Cornrn. Alper and Williams Chrn. O'Shields recessed the meeting to Executive Session at 4:10 o'clock p. m. Chrn. O'Shields reconvened the meeting to PUblic Session at 4:33 o'clock p. m. ADJOURNMENT Cornrn. Alper moved, seconded by Chrn. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chrn. O'Shields adjourned the meeting at 4:33 o'clock p. m. Respectfully submitted, ~.8. ~~-~ e~~ - Alyce B. Rusmisell Clerk to the Board abr