1981-03-16 Regular Meeting
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MINUTES OF REGULAR MEETING, MARCH 2, 1981 (CONTINUED)
779
ADDITIONAL ITEMS - COUNTY COMMISSIONERS'AND COUNTY MANAGER (CONTINUED)
LAND USE WEEK PROCLAMATION (CONTINUED)
1
WHEREAS, the principals and policies of the Land Use Plan are only
as effective as the continuing support received from the
people.
NOW, THEREFORE, I Claud O'Shields, Jr., Chairman of, the Board of
County COmmissioners, New Hanover County, North,Carolina,
do hereby proclaim the week of March 8th to the 13th, 1981 as
LAND USE WEEK
in New Hanover County, North Carolina, and call,upon all area
citizens to actively participate in the Five-Year Update to
the Wilmington-New Hanover Land Use Plan and Policies for
Growth and Development.
Signed by me this 2nd day of March, 1981.
TOUR-OF-NEW LIBRARY BUILDING ON FRIDAY, MARCH 6, 1981
'The County Manager informed the Commissioners that since the new
Library was going to open on Monday, March 9, a tour of the building
had been arranged for the Commissioners who would like to attend on
Frid~y, March 6, 1981, at 11:00 o'clock a.m.
TOURS OF OTHER SOLID WASTE FACILITIES
The Commissioners and County Manager commented on the possibility of
touring some other solid waste facilities recommended by the consulting
engineers.
DISCUSSION ON BLADEN COUNTY ORDINANCE REGULATING LANDFILLS
County Manager Cooper informed the Commissioners of an Ordinance
passed by the Bladen CountY-Commissioners that morning regulating the
use of land in that County for landfill purposes.
ADJOURNMENT
Comm. Armistead MOVED, SECONDED by Comm. Blake, that the meeting be
adjourned. Upon vote, the motion carried UNANIMOUSLY.
Chm. O'Shields, adjourned the meeting at 12:00 midnight.
Respectfully submitted,
~~./?~
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF SPECIAL MEETING AND REGULAR MEETING, MARCH 16, 1981
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on
Monday, March 16, 1981, at 8:30 o'clock A.M. in the Assembly Room, New
Hanover County Administration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Jonathan
Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.;
County Manager G. Felix Cooper; County Attorney James C. Fox; and Clerk to
the Board Alyce B. Rusmisell. No members were absent.
Chm. O'Shields called the meeting to order and stated the Special Meeting
had been called to meet with representatives of the Division of Highways of
the N. C. Department of Transportation Ito hold a public hearing on the expend-
itures of secondary road, bond funds f~r improvements to secondary roads in
New Hanover County. '
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PUBLIC HEARING ON USE OF SECONDARY ROAD BOND FUNDS
Mr. Garland Garrett, Jr., Secondar~ Roads Council Member, and Mr. Ted
Funderburk, Division Engineer, presented to the Commissioners a list of the
Department of Transportation's suggest~d priorities for the use of secondary
road bond funds and the amount of fundIng available for New Hanover County.
Mrs. Johnson appeared to request funds for the paving of Gladiolus Road
(SR-2021).
780,
MINUTES OF SPECIAL MEETING AND REGUlAR MEETING, MARCH 16, 1981 '(CONTINUED)
PUBLIC HEARING ON USE OF SECONDARY ROAD BOND FUNDS (CONTINUED)
Mr. Garrett explained the priorities and recommended that any additional
funds that the County may obtain later be used to base and pave the Gladiolus
Road.
Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to spend the money as
proposed with the $39,845.78 applied to the projects as ,recoffimend~d and that
if any money was available in July that the next project for this County be
State Road 2021.' Upon vote, the motion carried UNANIMOUSLY.
BREAK
Chm. O'Shields recessed the meeting for a break from 8:50 o'clock A.M.
until 9:05 o'clock A.M.
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MEETING RECONVENED IN REGULAR SESSION
Chm. O'Shields called the Regular Meeting of the New Hanover County
Board of Commissioners to order and offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, MARCH 2, 1981
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the Minutes
of the Regular Meeting of March 2, 1981, were UNANIMOUSLY approved as
presented.
APPROVAL OF CONSENT AGENDA
Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the following
Consent Agenda items were UNANIMOUSLY approved:
REPORT OF'COLLECTOR OF REVENUE THROUGH FEBRUARY 28, 1981
The Report of the Collector of Revenue through February 28, 1981', as
accepted and approved is contained in Exhibit Book VIII, Page 36.
TAX ABATEMENTS AND REFUNDS
The list of tax abatements and ,refunds as approved is contained in
Exhibit Book VIII, Page 36.
RECLASSIFICATION OF COMPUTER OPERATOR - DATA PROCESSING
The reclassification of a computer operator' position to programmer
trainee Grade 76, Step -1, was approved as recommended by the Finance
Officer and County Manager.
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BUDGET AMENDMENT - SOCIAL SERVICES
The following amendment in the Social Services budget to reallocate
State Day Care funds and to appropriate repayments or refunds from
General Assistance Clients and/or vendors that were not included in
projected revenues for this 'fiscal year was approved:
Debit - Acct.
Acct.
Credit - Acct.
Acct.
1141 350 24,
1141 350 20,
1141 610 19,
1141 610 07,
State Day Care (Revenues)
Misc. Revenue-General Assist.
$63,000
4,000
State Day Care (Expenditures) $63,000
General Assistance (Expenditures) 4,000
BUDGET AMENDMENT - CAPE FEAR TECHNICAL INSTITUTE
The following amendment in the Cape Fear Tech budget to purchase a
postage machine at a special reduced price was approved:
Debit - Appropriated Fund Balance
Credit - Acct. #223 7128 20, Replacement Equipment
$ 3,300
$ 3,300
STATE AIRPORT AID GRANT AGREEMENT - TERMINAL RENOVATIONS (AOAP-07)
A MOTION was made by Comm. Howard L. Armistead, Jr. and SECONDED
by Comm. Jonathan Barfield for the adoption of the following Resolution,
and upon being put to a vote was duly accepted:
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WHEREAS, a grant in the amount of $50,500 has been approved by the
Department; and
WHEREAS, an amount equal to or greater than the approved grant has
been appropriated by'the Sponsor for this Project.
NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the County Commission
Chairman of the Sponsor be and he hereby is authorized and empowered to
enter into a Grant Agreement with the Department, thereby binding the
Sponsor to the fulfillment of its obligations incurred under this Grant
Agreement.
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MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
781
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STATE AIRPORT AID GRANT AGREEMENT -I AVIGATION CLEARING PROJECT (ADAP-07)
A MOTION was made by Comm. Howard L~ Armistead, Jr. and SECONDED by
Comm. Jonathan Barfield for the adoption of the following Resolution,
and upon being put to a vote was duly accepted:
WHEREAS" a grant in the amount of $21,592 has been approved by the
Department'; and .
WHEREAS, an amount equal to or 'greater than the approved grant has
been appropriated by the Sponsor for this Project.
NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the County Commission
Chairman of the Sponsor be and he hereby is authorized and empowered to
enter into a Grant Agreement with the Department, thereby binding the
Sponsor to the fulfillment of its obligations incurred under this Grant
Agreement.
AIRPORT TRACTOR,BIDS
The following bids were received on a tractor for the Airport:
Item #1 Item #2
Nash Equipment Company $11,990. $15,012.
Wilkes-White Tractor Co. lric., 14,356.10 17 ,456. 90
Ford Motor Credit Company (Senter Saunders)
Clinton Truck &, Tractor,'Co,.' 13,398. No Bid
Senter Saunders 12,200. 15,625.
The bid was awarded to the low bidder, Nash Equipment Company, Inc.
in the amount of $15,012 as recommended by the Airport Manager.
WRITEOFF OF UNCOLLECTIBLE EMS BILLS
Three lists of Emergency Medical Service bills totalling $840.00,
$358.15, and $1,410.00 respectively were approved for writeoff.
Copies of the lists are contained in Exhibit Book VIII, Page 36.
RESOLUTION AUTHORIZING SALE OF $900,000 BOND ANTICIPATION NOTES
Comm. Howard L. Armistead, Jr. presented the following Resolution
and moved that it be adopted:
WHEREAS, the bond order hereinafter described has taken effect
and the Board of Commissioners desires to borrow money for the purpose
for which bonds are authorized to be issued by said bond order in
anticipation of the receipt of the proceeds of the sale of said bonds
as hereinafter described; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New
Hanover, as follows:
(1) The sum of $900,000 will be borrowed by the County of New Hanover
in anticipation of the receipt of the proceeds of the sale of the $900,000
bonds authorized to be issued by the solid waste disposal bond order,
adopted by the Board of Commissioners of the County on September 2, 1980,
for the purpose for which said bonds are authorized to be issued. ~
Negotiable notes, each designated "Solid Waste Disposal Bond Anticipation
Note", 'shall be issued for said sum so borrowed. 1
payable
at a rate
Such interest
of said notes
Conunissioners
to each of
(2) Said notes shall be dated March 30, 1981, shall be
September 30, 1981 and shall bear interest from their date
which shall not exceed twelve per centum (12%) per annum.
shall be payable at the maturity of the said notes. Each
shall be signed by the Chairman and Clerk of the Board of
of the County and the seal of the County shall be affixed
said notes.
(3) The power: to fix',the rate of interest to be borne by said notes
and to determine the denomination or denominations of the notes and the
place of payment of the notes is hereby delegated to the Chairman and Clerk
of the Board of Commissioners who are hereby authorized and directed to
cause said notes to be prepared and to execute said notes when they shall
have been sold by the Local Government Commission of North Carolina.
782
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
RESOLUTION AUTHORIZING SALE OF $900,000 BOND ANTICIPATION NOTES (CONTINUED)
(4) The Chairman and Clerk of the Board of Commissioners are hereby
authorized to make application to the Local Government Commission of North
Carolina for its approval of said notes in the manner prescribed by The
Local Government Finance Act. Said Local Government Commission is hereby
requested to sell the notes in the manner prescribed by said Act. Said
Notes, when they shall have been sold by said Commission in the manner
provided by law and when they shall have been executed in the manner
prescribed by this Resolution, shall be turned over to the State 0
Treasurer of the State of North Carolina for delivery to the purchasers
to whom they may be sold by said Commission.
The MOTION having been duly SECONDED and the Resolution having been
considered, it was adopted by the following vote:
AYES: Comms. Armistead, Barfield, Blake, Gottovi and Chm. O'Shields
NAYS: None
DISPOSITION OF OLD RECORDS IN REGISTER OF DEEDS
The following list of records was approved for destruction as requested
by the Registrar of Deeds:
GRANTOR/GRANTEE CHATTEL INDEXES
1/1/53 - 12/31/54
1/1/55 - 12/31/56
1/1/57 - 12/31/58
1/1/59 - 12/31/60
l/l/6l - 12/3l/62
1/1/63 - 12/31/64
CHATTEL BOOKS
C-l 552 611 715 0
C-2 553 620 716
C-3 554 637 717
C-4 555 649 718
C-l8 556 662 725
C-24 557 676 731
549 558 694 732
551 575 695 734
735
746
747
URBAN GARDENING PROGRAM
The following Resolution was adopted Establishing an Urban Gardening
Program:
WHEREAS, pursuant to authority granted under G. S. 153A-176 and
Article 12 Chapter 160A New Hanover County is desirous of offering the
use of surplus plots of land for gardening purposes as a public service,
free cof charge, to the citizenry of New Hanover County; and
WHEREAS, certain vacant parcels of land are hereby declared by the
Commissioners to be suitable for gardening and unnecessary for public
use and shall be made available to the citizenry of New Hanover County
for gardening purposes on a first come first serve basis; and
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WHEREAS, those persons desirous of utilizing any of these parcels
for gardening purposes shall be required to enter into a binding
written Urban Gardening Lease with New Hanover County which lease 'C
contains all the essential or limiting conditions of the lease; and
WHEREAS, the aforesaid lease is incorporated by reference herein
as':if set out in full, and the lease of the property as authorized
herein shall be made subject to each and every clause, term or condition
contained therein; and
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MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
783
APPROVAL OF CONSENT AGENDA (CONTINUED)
URBAN GARDENING PROGRAH (CONTINUED)
WHEREAS, the County of New Hanover intends to implement this program
for the benefit of 'the community, it being the opinion of the County'
Commissioners that it is in the best interest of the County and its
Residents to, permit utilization of these vacant parcels of surplus
property so as to reduce expenditures related to lot cleaning.
NOW THEREFORE BE IT RESOLVED THAT:
l. The Urban Gardening Program offering surplus plots of
land for gardening purposes to the citizenry of New
Hanover County as a public service, free of charge, be
and the same is hereby approved.
2. The Real Estate Officer for the County of New Hanover be
and is hereby authorized to determine those parcels of
surplus property suitable for gardening and to make the
same available for lease to the citizenry of New Hanover
County on a first come first serve:basis.
3. The parcels of property made available for lease to the
citizenry of New Hanover County be and the same are
hereby declared surplus and unnecessary for public use.
4. The County Manager be and is hereby authorized to
execute, accept and approve such Urban Gardening Leases
on behalf of the County of New Hanover.
INSTITUTE OF MUSEUM SERVICES GRANT APPLICATION
The County Manager was authorized to sign the grant application,
acceptance and other required statements in connection with an <<
Institute of Museum Services Grant Application in the amount of $20,566.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE
PROPERTY (APPROXIMATELY 2.83 ACRES) LOCATED ON THE EAST SIDE OF AVERY DRIVE,
APPROXIMATELY 400 FEET EAST OF BRADLEY DRIVE TERMINUS, FOR A TOWNHOUSE MULTI-
FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT.
This public hearing had been continued from the meeting of March 2, 1981.
Planning Director Dexter Hayes reported that the Planning Board had
considered this application for Special Use Permit at its meeting in February
and recommended approval.
Chm. O'Shields asked if there was anyone present to speak in favor of
this application and Mr. Jay DeChesere, the applicant, was duly sworn and
answered questions presented by Mr. George Rountree, attorney for the
developer, and answered questions from the Commissioners and Planning Director.
Chm. O'Shields asked if there was anyone present to speak in opposition to
this application and no one appeared in opposition.
Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the following
Order Granting the Special Use Permit was UNANIMOUSLY adopted:
The County Commissioners for New Hanover County having held a public
hearing on March 2, 1981 to consider application number S-163'2/81 submitted
by Jay DeChesere (Randolph Coble-owner), a request for a special use permit to
use the property located at east side of Avery Drive, approx. 400' east of
Bradley Drive terminus for multi-family townhouse development, and having heard
all the evidence and arguments presented at the hearing, makes the following
FINDINGS OF FACT and draws the following CONCLUSIONS:
1. The County Commissioners FIND as a FACT that all of the specific
requirements set forth in Section 72-5 of the County Zoning Ordinance will
be satisfied if the property is developed in accordance with the plans submitted
to the County Commissioners. (Specify which requirements, if any, are not
satisfied by the proposed development).
784
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE
PROPERTY (APPROXIMATELY 2.83 ACRES) LOCATED ON THE EAST SIDE OF AVERY
DRIVE, APPROXIMATELY 400 FEET EAST OF BRADLEY DRIVE TERMINUS, FOR A TOWNHOUSE
MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED)
2. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the first general requirement listed in the Ordinance; namely that
the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS
OF FACT:
1. Sewage disposal will be handled by a State approved sewage
treatment facility.
2. A central water system for the project has been approved by
the State.
3. A volunteer fire service is located near the project.
4. Traffic generated by the development will not severely
impact the residents of Bradley Drive.
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3. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the second general requirement listed in the Ordinance; namely
that the use meets all required conditions and specifications. In support of
this conclusion, the Commissioners make the following FINDINGS OF FACT:
1. The proposed use is a permitted use in the R-15 District.
2. 5474 sq. ft. of open space is provided satisfying density
requirements of Section 73 of the Ordinance.
3. Two off-street parking spaces per unit are provided in accordance
with Sections 80 & 81 of the Ordinance.
4. It is the County Commissioners' CONCLUSION that the proposed use does
satisfy the third general requirement listed in the Ordinance; namely that
the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity. In support of this con-
clusion the Commissioners make the following FINDINGS OF FACT:
1. The proposal conforms with existing residential uses and proposed
townhouse dev.
2. Proposed improvements will enhance the property value.
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5. It ,is the County Commissioners' CONCLUSION that the proposed use
does satisfy the fourth general requirement listed in the Ordinance; namely
that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for
New Hanover County. In support of this conclusion, the Commissioners make
the following FINDINGS OF FACT:
1. Bradley Creek borders the project on three sides.
2. The proposed project is adjacent to a developed residential
neighborhood.
3. Most of the trees will remain on the site in an effort to
protect the natural environment.
4. The County Growth policies encourage a variety of housing types
in a quality environment.
6. Therefore, because the County Commissioners conclude that all of the
general and specific conditions precedent to the issuance of a SPECIAL USE
PERMIT have been satisfied, IT IS ORDERED that the application for the
issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following cond-
itions:
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a) That the applicant shall fully comply with all of the specific
requirements stated in the Ordinance for the proposed use, as
well as any additional conditions hereinafter stated.
b) If any of the conditions imposed by this special use permit
shall be held invalid beyond the authority of this Board of
Commissioners by a court of competent jurisdiction then this
permit shall become void and of no effect.
c) Other: 1. The permit is subject to plat approval of Azalea Drive.
2. The permit is subject to compliance with all applicable
Federal, State and Local regulations.
Ordered this 16th day of March, 1981.
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785
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
FINAL PLAT APPROVAL,-, BENT TREE SUBDIVISION, SECTION 2
Mr. Ken Silliman of the Planning Department reported that the final
plat of Bent Tree Subdivision, Section 2, ihad' been recommended for approval
by the Planning Board at its meeting onlMarCh 5. He also reported that a
copy of the letter estimating the cost of improvements had been submitted
for the Clerk of Superior Court.
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the final plat
of Bent Tree Subdivision, Section 2, be approved. Upon vote, the motion
carried UNANIMOUSLY.
PLANNING GRANT PROPOSALS TO BE SUBMITTED TO OFFICE OF COASTAL MANAGEMENT
Planning Director Dexter Hayes outlined the following projects for
which grant proposals could be submitted to CAMA:
,Management Plan for New Hanover's Critical Acquifer Recharge Area
Drainage Conditions in conjunction with the Health Department and
Soil Conservation Service
Synopsis of the Land Use Plan
Coordination Local Government and Land Development Permitting Process
Beach/River/Sound Access Study
DISCUSSION ON SUBDIVISION REGULATIONS
Planning Director Dexter Hayes outlined his reasons for recommending
that the "Metes and Bounds" provision in the County's Subdivision Regulations
be deleted.
County Attorney James Fox ,commented.
Comm. Gottovi MOVED that the Planning Staff prepare whatever was
necessary to delete Article I, Section 4, of the Subdivision Regulations.
Comm. Gottovi amended her motion to include that the Planning Staff
also prepare recommendations dealing with minor subdivisions.
Mr. Johnnie Garrason, a local registered land surveyor, commented.
Comm. Barfield 'SECONDED"Comm. Gottovi's motion.
Comm. O'Shields made a SUHSTITUTE MOTION, SECONDED by Comm. BLake,'
that this matter be referred back to the County Attorney and County Planner
for them to look at the Subdivision Ordinance to,see that it ,was in compliance
with the State laws and to bring specific points where there were violations
and where the ordinance was being circumvented back to the 'Board after their
review.
Mr. John Maye commented.
Upon vote, the substitute motion carried UNANIMOUSLY.
BREAK
Chm. d'Shields recessed the meeting for a break from 10:26 o'clock A.M.
until 10:40 o'clock A.M.
CAPE FEAR TECH BUDGET
County Manager Cooper recommended that this item be removed from the
agenda and that the County watch the progress of the Community College
Budget and Fiscal Control Act that was currently being discussed in the
General Assembly.
This was agreed to by common consent.
ACTING COUNTY MANAGER
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the County Manager
be allowed to designate a person to become Acting County Manager in the temp-
orary absence or disability of the County Manager. Upon vote, the motion
carried UNANIMOUSLY.
DISCUSSION OF 1981 TAX BILLS
Tax Administrator Larry Powell appeared before the Board to explain and
request direction from the Commissioners on his request to eliminate the
breakdown of the County tax rate for "regular" and "school" on the 1981 tax
bills.
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the breakdown be
786
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
DISCUSSION OF 1981 TAX BILLS (CONTINUED)
eliminated from,the tax bills as,requestea and that an information sheet be
inserted in the tax bills giving tax information. Upon vote, the motion
carried UNANIMOUSLY.
1981 BOARD OF EQUALIZATION AND REVIEW MEETING
Comm. '~rmistead MOVED, SECONDED by Comm. Gottovi, to meet as the
of Equalization and Review at 11:00 o'clock A. M. on April 20, 1981.
vote, the motion carried UNANIMOUSLY.
Board
Upon
DISCUSSION ,ON BUDGET FORMAT
The County Manager and Finance Officer explained their proposed format
for the 1981/82 budget.
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Comm. Gottovi MOVED, SECONDED by Comm. Blake to accept the recommend-
ations and try the proposed budget format. Upon vote, the motion carried
UNANIMOUSLY.
APPROVAL OF EMS STUDY COMMITTEE RECOMMENDATIONS
The Commissioners had been furnished copies of the EMS, Study Committee's
recommendations for the improvement of emergency medical service delivery
in the County. The Assistant County Manager appeared before the Board to
explain the recommendations and answer questions from the Commissioners.
Comm. Armistead MOVED, SECOND~D by Comm. Barfield, to approve the
concept as recommended by the EMS Study Committee and authorize the
County Manager to see that the proper negotiations and contracts are devel-
oped. Upon vote, the motion carried UNANIMOUSLY.
EMERGENCY MEDICAL SERVICES - CENTRAL DISPATCH
Asst. County Manager Gary Cannon and Mr. Bill Murray of Ogden Volunteer
Rescue Squad appeared before the Board to discuss and answer questions on the
Central Dispatch for Emergency Medical Services in the County.
Comm. Armistead MOVED, SECONDED by Comm. Barfield, to appropriate from
Contingencies the $8,459 requested by Ogden Rescue Squad to upgrade their
radio system and give the County Manager the authority to approve additional
expenses that, in his judgment, may be necessary for them to upgrade the
equipment. Upon vote, the motion carried UNANIMOUSLY.
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AGREEMENT WITH NEW HANOVER VOLUNTEER RESCUE SQUAD
The County Attorney explained that this agreement cancelled a previous
agreement with 'New Hanover Volunteer Rescue Squad dated August 25, 1980,
with regard, to landfill cover material taken from the Squad's property.
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the Chairman
was authorized to sign the following Agreement with New Hanover Volunteer
Rescue Squad by UNANIMOUS vote:
THIS AGREEMENT~ made this 16th day of March, 1981, by and between
New Hanover County, a political subdivision and municipal corporation of
the State of North Carolina, hereinafter called "County", and New Hanover
Volunteer Rescue Squad, Inc., a North Carolina nonprofit corporation with
its principal office located in New Hanover County, North Carolina, herein-
after referred to as "Squad".
R E C I TAL S:
County and Squad entered into an agreement dated August 25, 1980,
with regard to landfill cover material to be taken from Squad's property.
Squad and County have agreed to nullify the aforesaid agreement, and to
declare the same void and of no effect.
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NOW, THEREFORE, WITNESSETH THAT:
In consideration of the sum of $15,000 paid by County to Squad,
receipt of which is hereby acknowledged, and in further consideration of
the County's intention to budget an additional $15,000 to be paid to Squad
in County's fiscal year 1981-1982, it is herewith agreed by County and Squad
that the aforesaid agreement between them dated August 25, 1980 is null, void
and of no further effect, and each discharges the other with regard to any
and all obligations thereunder.
IN WITNESS WHEREOF, the parties herein set their hands and seals.
This 16th day of March, 1981.
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787
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
,
DISCUSSION ON CAPITAL IMPROVEMENTS PROGRAM
At their meeting on March 2, the Commissionercs had been given copies of
the Capital Improvements Program for Nek Hanover 'County.
,
By common consent it was agreed
to discuss the Capital Improvements
departments involved.
i .
to meet on Apr~l 2, 1981, at 1:00
Program with the various agencies
P. M.
and
APPROVAL OF RECOMMENDATIONS FOR COPYING/DUPLICATING SYSTEMS
The County Manager, Asst. County Manager and Finance Officer explained
and answered questions from the Commissioners on their recommendations for
the County's copying and duplicating needs.
Comm. Blake MOVED, SECONDED by Comm. Armistead, to accept the recommendations
and go with the central copying and duplicating systems and approve' the following
budget amendments to hire the operator and implement the plan:
Debit - Acct. #11 420 12, Printing
Acct. #11 421 12, Printing
Acct. #11 425 12, Printing
Acct. #11 490 12, Printing
Acct. #11 490 02, Salaries & Wages
Acct. #11 540 14, Travel, Mtgs. & Schools
Acct. #11 620 12, Printing
Acct. #11 625 12, Printing
Credit - Acct. #11 440 02, Salaries & Wages
Acct. #11 440 OS, FICA
Acct. #11 440 06, Group Insurance
Acct. #11 440 07, Retirement
Acct. #11 440 33, Supplies and Materials
$ 700.
600.
200.
1,000.
1,000.
500.
300.
200.
3,000.
200.
105.
180.
1,015.
Upon vote, the motion carried UNANIMOUSLY.
DISCUSSION ON CABLE TV ORDINANCE
Comm. Armistead explained his reasons for requesting the enactment of an
Ordinance regulating Cable TV in the County. The Commissioners had been
furnished copies of a proposed Ordinance for review.
Mr. George Rountree III, Attorney for Cable TV, and Mr. William Green,
General Manager of Cable TV Company in Wilmington, appeared before the Board
to comment and answer questions from the Commissioners on the proposal.
County Attorney Fox commented on various items that should be considered
in an Ordinance.
Comm. Armistead recommended that the Chairman appoint a committee of a
couple of Commissioners to work with Mr. Fox and explore this matter a little
further and come back to the Commission with a recommendation.
By common consent it was agreed that Comms. Armistead and Blake would
work on a committee to study a Cable TV Ordinance.
DISCUSSION ON COUNTY ATTORNEY'S OFFICE
The County Attorney had furnished the Commissioners with some information
for their use in the consideration of the method by which they wished to have
legal services provided for the County.
It was agreed by common consent to put this matter on the agenda for
discussion at the meeting of April 6, 1981.
ADDITIONAL ITEMS- COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC
INTERIM REPORT FROM SOLID WASTE ADVISORY TASK FORCE
Mr. Wallace Hughes, Chairman, and Mr. David 'Simms of the Solid Waste
Advisory Task Force appeared before the Board to present an interim
report from the task force and answer questions from the Commissioners.
County Manager Cooper commented.
Comm. Gottovi MOVED to say "go" and allow the Committee and the County
Manager to continue working on the first 8 steps and that the Board solicit
7RR
MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC
(CONTINUED)
INTERIM REPORT FROM SOLID WASTE ADVISORY TASK FORCE (CONTINUED)
proposals for an engineering consultant to help with this project.
Comm. Barfield commented on the services offered by the American
Institute of. Chemical Engineers and suggested that the Chairman, County
Manager and Task Force Chairman meet with 'them to see if their services
could be utilized.
Comm. Blake SECONDED Comm. Gottovi's motion, including Comm. Barfield's
s~ggestiori,'and upon 'vote'themotio~ carried UNANIMOUSLY.
o
REQUEST FOR REVISED FAIR EMPLOYMENT ENABLING LEGISLATION
Comm. Barfield commented on the request for revised enabling legislation to
incTudeFairHousing in the County's Fair Employment Ordinance and MOVED,
SECONDED by Comm. Gottovi, to request approval of the revised enabling
legislation and let Chm. O'Shields or County Manager Cooper submit it to
the legislators for presentation to the General Assembly.
Mr. Bill Jessup, Human Relations Director, commented.
County Attorney Fox commented.
Upon vote, the motion carried UNANIMOUSLY.
DISCUSSION ,ON STATE PARKS AND RECREATION BUDGET CUTS
Comm. Gottovi wanted the Commissioners to be aware of a House Committee
meeting that would be held at 5:00 P. M. that day to consider cutting
the County's Regional Recreation Consultant position out of the Parks
and Recreation budget.
It was agreed that the individual Commissioners could respond to this
and other bills if they wished.
REQUEST FOR STATE ASSISTANCE IN SITING LANDFILL
Chm. O'Shields requested direction from the Board on whether or not the
County should ask for special legislation to give the Secretary of
Human Resources the authority to site a landfill for New Hanover County.
o
County Manager Cooper commented and presented a proposal to design and
implement a model project, using an impenetrable membrane liner with a
leachate treatment and disposal system.
Comm. Blake MOVED, SECONDED by Comm. Armistead, to request the special
local legislation asking for the State to site a landfill for New Hanover
County incorporating the County Manager's proposal. Upon vote, the
motion carried UNANIMOUSLY.
REQUEST FOR EXEMPTION FROM BILL ALLOWING POLITICAL PARTIES TO FILL
VACANCIES
Comm. Armistead MOVED, SECONDED by Comm. Blake, to seek exemption for
New Hanover County from the Bill (H-169) entitled "County Political
Party Executive Committee to Fill Vacancies" and to oppose the Bill.
Upon vote, the motion carried UNANIMOUSLY.
REQUEST TO REMAIN IN CHARLIE ROSE'S CONGRESSIONAL DISTRICT
Chm. O'Shields reported that in his conversations with Congressman
Rose, he seemed to be concerned that he had not received any comments
from New Hanover County on whether or not the County would like to
remain in his Congressional District.
o
Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to request that New
Hanover County remain in Charlie Rose's Congressional District. Upon
vote, the motion carried UNANIMOUSLY.
DISCUSSION ON PROPOSED LEGISLATION CONCERNING CIVIC AUDITORIUMS, ETC.
Chm. O'Shields commented on a copy of a bill he had received which'
would authorize counties to expend tax funds and exercise the power of
eminent domain for purposes of public auditoriums, coliseums and
convention and civic centers, etc.
Comm. Armistead MOVED, SECONDED by Comm. Barfield, to accept this as
information. Upon vote, the motion carried UNANIMOUSLY.
o
0,
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789
MINUTES OF REGULAR MEETING, MARCH 16" 1,981 (CONTINUED)
ADDITIONAL ITEMS - (CONTINUED)
NOMINATION OF SOLID WASTE ADVISORY TASK FORCE FOR VOLUNTEER AWARD
Chm. O'Shields reported that he had received a request from the
Voluntary Action Center for the Commissioners to nominate someone
or some agency to receive an award from the' Governor's State Volunteer
Award Program.
Comm. Armistead MOVED, SECONDED by Comm. Barfield, to nominate the
Solid Waste Advisory Task Force to receive a Governor's Volunteer
Award. Upon vote, the motion carried UNANIMOUSLY.
APPOINTMENTS TO COMMUNITY BASED ALTERNATIVES TASK FORCE
By common consent, the following persons were reappointed' to the
Community Based Alternatives Task Force with the Task Force to set
the terms:
Mr. Wayne ,Morris
Mr. Bill Childs
Mr. S. J. Howie
Mrs. Barbara Bray
Mr. Jim Miller
Mrs. Judy Walls
Mr. Tom Fields
Mr. J. Mark Galizio
Sgt. J. S. Smith
AUTHORIZATION FOR CHAIRMAN TO SIGN CONTRACT WITH LOWRIMORE, WARWICK
AND COMPANY
Comm. Armistead MOVED, SECONDED by Comm. Blake, that the Chairman be
authorized to sign the Contract with Lowrimore, Warwick & Company to
continue their audit services to the County for a three-year period
of time as recommended by the County Manager and County Finance Officer.
Upon vote, the motion carried UNANIMOUSLY.
AGREEMENT WITH HOSPITAL CONTRACTORS
Comm. Armistead MOVED, SECONDED by Comm. Blake, to authorize the
Chairman to execute the Agreement with Richards & Associates, Inc.,. a
contractor for the Hospital Expansion Project, and transfer $50,000
from the Contingencies (Project) Account to the Contractual Account
as recommended by the Hospital Board of Trustees. Upon vote, the
motion carried UNANIMOUSLY.
REPORT ON ILLEGAL TRASH DISPOSAL BY TOWN OF CAROLINA BEACH
County Manager Cooper reported to the Board on an incident he had
witnessed concerning illegal trash disposal by the Town of Carolina Beach.
EXECUTIVE SESSION
Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that the meeting be
recessed to Executive Session to discuss Attorney/Client matters and Committee
Appointments. Upon vote, the motion carried UNANIMOUSLY.
Chm. O'Shields recessed the meeting to Executive Session at 1:45 o'clock P. M.
Chm. O'Shields reconvened the meeting to Public Session' at 1:58 o'clock P. M.
COMMITTEE APPOINTMENTS
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the following
Committee ,App:oi~ntments were ~ANIMOUSLY approved:
William B. King - City/County Board of Electrical Examiners
Esso Clemmons - Port, Waterway & Beach Commission
Estelle Lee - Port, Waterway & Beach Commission
Henry E. Longley - Industrial Facilities & Pollution Control FInancing
Authority
James K. Larrick - Industrial Facilities & Pollution Control FInancing
Authority
ADJOURNMENT
Chm. O'Shields adjourned the meeting at 1:59 o'clock P. M.
Respectfully submitted,
,~'c.L--6,,/{~
Alyce B. Rusmisell
Clerk to the Board