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HomeMy WebLinkAbout1981-03-16 Regular Meeting o o o " 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. ' I 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. o 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. o 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: o 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. o o o MINUTES OF REGULAR MEETING, MARCH 16, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) 781 I 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 o 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 o o 0, 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. o 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. o 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: o 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. o o o 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. o 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. o 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. o 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. o o o 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, o 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