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1978-04-03 Regular Meeting 188 In MINUTES OF REGULAR MEETING, APRIL 3, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, April 3, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; Karen E. Gottovii 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. ChID. 0' Shields called the meeting to order. o Rev. Lonzie Benton of Gibson Avenue Baptist Church offered the invocation. APProVAL OF MINUTES: REGULAR MEETING, MARCH 20, 1978,AND SPECIAL MEETING, MARCH 23, 1978 Comm. Wright moved, seconded by Comm. Williams, Meeting of March 20, 1978, be approved as presented. unanimously. that the Minutes of the Regular Upon vote, the motion carried Comm. Gottovi moved, seconded by Comm. Alper, approval of the Minutes of the SpeCial Meeting of March 20, 1978. ,Upon vote, the motion carried unanimously. (See Page 194 for correction of date.) PUBLIC HEARING - FLOOD PLAIN MANAGEMENT REGULATIONS Notice had been given that the New Hanover County Commissioners would hold a public hearing on April 3, 1978, at 9:00 a. m., in the County Administration Building, 320 Chestnut Street, to consider and take action on an ordinance entitled "Flood Plain Management Regulation of New Hanover County, North Carolina". The Commissioners had discussed the proposed"regulations at the meeting of March 20, 1978. Mr. Charles Lilley of the Planning Department presented the revised "Flood Plain Management Regulation'~ to the Board and explained that most of the changes they had requested at the March 20 meeting had been approved by the Flood Insurance Administration 0 in Atlanta. Comm. Alper moved, seconded by Comm. Gottovi, the adoption of the ordinance entitled "An Ordinance of the Board of County Commissioners of New Hanover County Regulating Development within Areas,of Special Flood Hazard of New Hanover County North Carolina". Chm. O'Shields asked if there was anyone present to comment on the regulations and no one appeared. Upon vote, Comm. Alper's motion carried unanimously. A copy of the Ordinance is in the Ordinance Book in the Clerk's Office. Comm. Wright moved, seconded by Comm. Williams, that a formal letter of objection be written to the Flood Insurance Administration expressing the Board's concern pertaining to the prohibition of placing mobile homes in certain areas. Upon vote, the motion carried unanimously. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commis- sioners of New Hanover County on Monday, April 3, 1978, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING ProPERTY LOCATED ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE 420 FEET WEST OF ,ANDOVER ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT). Planning Director Richard Fender reported that the Planning Commission had con- sidered this rezoning request at the meeting of March 1, 1978, and both the Planning commission and Planning Staff recommended denial. He explained the reasons for the denial. J Chm. O'Shields asked if there was anyone present to speak in favor of this request and Mr. Addison Hewlett, Attorney for the petitioners, appeared before the Board to request approval. Mr. Hewlett explained the reasons for the requested rezoning and pre- sented pictures of the property and surrounding area and also a petition containing signatures of nearby residents whohad no objections to the rezoning. o o o lR9 MINUTES OF REGULAR MEETING, APRIL 3, 1978, (CONTINUED) WRIGHTSVILLE AVENUE REZONING (CONTINUED) Chm. O'Shields asked if there was anyone present to speak against the petition, and Mr. Clarence Hales appeared to obj ect to the rezoning. 'I Comm. Alper moved, seconded by COmm. Gottovi, to support the Planning COmmission's recommendation,and deny the rezoning. Mr.' H. I. Summerlin, the petitioner, commented on the matter. Upon vote, Comm. Alper's motion carried as follows: Voting Aye: Comm. Alper, Gottovi, williams and Wright Voting Noe: Chm. O'Shields BREAK Chm. O'Shields recessed the meeting for a break from 9:57 o'clock a. m. until 10:12 o'clock a. m. FINAL PLAT APPROVAL - VALLEY HILLS SUBDIVISION, SECTION lA Mr. Harry Oakes of the Planning Department appeared before the Board and reported that this plat had been granted conditional final approval by the Planning commission Subdivision Review Committee on December 28, 1977, and the' conditions of approval had been met. Comm. Williams moved, seconded by Comm. Gottovi, approval of the Final Plat of Valley Hills Subdivision, Section lA. Upon vote, the motion carried unanimously. APPROVAL OF FIREWORKS PERMIT - AZALEA FESTIVAL VARIETY SHOW Mr. Peter Fensel and Mr. Hobbs Sutton, of the Azalea Festival Committee, appeared before the Board to request a fireworks permit for the Variety Show to be held at Legion Stadium on April 6, 1978, and reported that they would furnish proof of adequate insurance coverage. COmm. Gottovi moved, seconded by Comm. Williams, approval of the fireworks permit for the Variety Show at the Legion Stadium on April 6, 1978, as requested. Upon vote, motion carried unanimously. Comm. Alper questioned the amount of 'insurance that was required" for the fireworks permit and it was agreed by common consent that the County Manager would confer with the Executive Director of the New Hanover Insurance Advisory Committee to determine the amount of insurance to require from the Azalea Festival Committee. PROPOSAL FOR ESTABLISHMENT OF AN OFFICE OF HUMAN SERVICES The Commissioners had been furnished copies of a proposal of the Human Relations' Commission for the establishment of an Office of Human Services for New Hanover County. Mrs. Lora Lavin, Chairperson of the Human Services Task Force, and Mr. Bill Jessup, Director of the Human Relations Commission, appeared before the Board to discuss the proposal and,answer questions. Mr. Beverly Paul of the Cape Fear Council of Governments reported on the possibility of grants that could be utilized to fund a Human Services Agency. No action was taken on the proposal. CONVEYANCE OF COMMONITY HOSPITAL PROPERTY TO BOARD OF EDUCATION Comm. Alper moved, seconded by Comm. Gottovi, to authorize the Chairman to execute a deed conveying part of Blocks 97 and 110, Community Hospital Property, to the New Hanover County Board of Education for use by the Public Schools. Upon vote, the motion carried unanimously. REQUEST FOR FUNDS FOR ROOF REPAIRS AT HOGGARD HIGH ' SCHOOL Dr. Heyward Bellamy, Superintendent of Schools, appeared before the Board to request funds in the amount of $95,000 for completion of repairs to the roof at John T. Hoggard High School. The following persons appeared before: the Board to comment On this matter: Mr. Bill Huffine Mrs. Judy Rountree The Commissioners offered comments. 190 /9D MINUTES OF REGULAR MEETING, APRIL 3, 1978 (CONTINUED) HOGGARD HIGH SCHOOL ROOF REPAIRS (CONTINUED) Comm. Wright moved, seconded by Comm. Williams, to use Anti-Recessionary Funds in the amount of $67,875 for the roof repairs at Hoggard High School, approval of the proper budget amendments as determined by the County Manager to accomplish the transfer of these funds to the Board of Education, that all provisions of the Civil Rights Law be complied with and that a complete audit trail be maintained on the use of the funds. Upon vote, the motion carried unanimously. PROPOSED ACQUISITION OF PROPERTY EAST OF NEW HANOVER MEMORIAL HOSPITAL 0 The Commissioners had been furnished copies of a lease and option to purchase for consideration in acquiring the property on the east side of New Hanover Memorial Hospital. Comm. Williams, ~ho serves on the Hospital Board of Trustees, requested that con- sideration of this acquisition be delayed for a while to see what the future needs of the Hospital were. Mr. B. E. Huffine commented,on this matter. Comm. Wright moved, to table consideration of this matter until such time as the Babies Hospital question was settled. The motion died for lack of a second. Comm. Alper made a substitute motion to approve the lease as submitted. The motion died for lack of a second. Comm. Williams moved, seconded by Comm. Gottovi, that the proposed acquisition be tabled for two months. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, l~right and Chm. O'Shields Temporarily Absent: Comm. Alper APPROVAL OF UTILITY EASEMENT AT AIRPORT TO CAROLINA POWER & LIGHT COMPANY Comm. Gottovi moved, seconded by Comm. Williams, approval of a utility easement to Carolina power& Light Company for maintenance of power lines serving the lift station 0 that was part of the sewer project at the Airport. Upon vote, the motion carried as follows: Voting Aye: COmnl. Gottovi, Williams, Wright and Chm. O'Shields Temporarily Absent: Comm. Alper A copy of the Easement is on file in the County Manager's Office. BUDGET TRANSFERS - AIRPORT AND AGRICULTURAL EXTENSION Comm. Wright moved, seconded by Comm, Williams, approval of the following budget transfers for the Airport to allow the Airport Manager to attend conferences in Raleigh and Cincinnati and for the Agricultural Extension Office to pay electric bills that were higher than anticipated at, budget time: AIRPORT Debit - Acct. #31,65018, M & R - Other Improvements Credit - Acct. #31 650 14, Travel, Meetings & Schools $600. $600. AGRICULTURAL EXTENSION Transfer $750 from Salaries & Wages, Acct. #11 615 02, To utilities, Acct. #11 615 13. Upon vote, the motion carried as follows: o Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Temporarily Absent: COmm. Alper 191 MINUTES OF REGULAR MEETING, APRIL 3, 1978 (CONTINUED) BUDGET AMENDMENT - HOSPITAL EXPANSION CHANGE ORDERS County Manager Eller explained the change orders that were necessary in the hospital expansion project. Comm. Williams moved, seconded by Comm. Gottovi, approval of the following amendment to the Hospital Expansion Capital Project Ordinance due to change orders that had been approved by the Hospital Board of Trustees: 0 Debit - Acct. #78 575 76, Contingencies $22,127 Credit - Acct. #78 575 70, General Contractor $12,427 Acct. #78 575 71, Plumbing 1,191 Acct. #78 575 72, HVAC 4,525 Acct. #78 575 73, Electrical 3,984 Upon vote, the motion carried unanimously. TRANSFER OF FUNDS - PARKS & RECREATION County Manager Eller explained the requested transfer of funds for ,the Parks and Recreation Budget and recommended approval. Comm. Gottovi moved, seconded by Chm. O'Shields, approval of the fOll?wing budget transfers in the Parks & Recreation Budget: Appropriate $7,900 to Revenue Acct. #11 349 11, State Grant - Bureau of Outdoor Recreation Appropriate Transfer $7,900 to Acct. #11 660 73, Blair-Noble Construction $2,000 from Salaries & Wages, Acct. #11 620 02, to Acct. #11 660 73, Blair-Noble Construction Funds will be expended for the following: o A. Regrading Parking Lot - Fine Grading &, Gravel B. Paving Parking Lot C. Tennis Court Windscreens, Benches, Sidewalk, Drinking Fountains $ 2,000 6,500 1,400 Transfer $7,100 from Acct. #11 620 02, Salaries & Wages, to Acct. #11 620 73, Capital Outlay - Other Improvements, ',to' be :expended"as follows..: <c c' ,:.' C. 6,000 feet of cable .to control traffic at Hugh MacRae to prevent compaction, erosion and loss of trees. Renovate Picnic Shelter #4 - new roof, trusses, rock and mortar for grill and rewiring Concrete pads and paint for shelters - slabs, forms, reinforcing wire and paint Correct drainage problems and erosion in parking lot , and build speed breakers Park $ 2,000 A. B. 1,400 2,200 D. 1,500 Upon vote, the motion carried unanimously. BUDGET AMENDMENT - AGRICULTURAL EXTENSION Comm. Wright moved, seconded l?y Carom. williams, approval of the following budget amendment in the Agricultural Extension Budget to account for Federal Funds which re~ suIted from savings in postal costs and with which they intended to purchase a mimeograph photo stencil cutter, microwave oven and -:'food processor: o Appropriate $2,500 to Revenue Acct. #11 335 00, Miscellaneous Revenue Appropriate $2,500 to Expenditure Acct. #11 615 74, Capital Outlay - Equipment Upon vote, the motion carried unanimously. BUDGET TRANSFER - HEALTH DEPARTMENT Chm. O'Shields moved, seconded by Comm. Alper, approval from Insect and Rodent Control, Acct. #44 '594 33, Supplies & and Mosquito Control, Acct. #44 593 31, Automotive Supplies. carried unanimously. of the transfer of $1,200 Materials, to Drainage Upon vote, the motion 192 /9.), MINUTES OF REGULAR MEETING, APRIL 3, 1978 (CONTINUED) BUDGET AMENDMENTS - CETA County Manager Eller explained the requested budget amendments for the CETA program and stated that the money had to be returned as we had not been able to spend it. Comm. Gottovi moved, seconded by Comm. Williams, approval of the following budget amendment in the CETA budget: Reduce Revenue Acct. #11 350 29, CETA VI Participant Reduce Expenditure Acct. #11 677 02, Salaries & Wages Acct. #11 677 05, FICA Acct. #11 677 08, Unemployment Insurance Acct. #11 677 54, Insurance & Bonds, $102,191 $ 79,125 4,787 17,092 1,187 $102,191 o Increase Revenue Acct. #11 350 30, CETA VI Administration $ 2,575 Increase Expenditure Acct.#ll 678 02, Salaries & Wages Acct. #11 678 05, FICA Acct. #11 678 07, Retirement Acct. #11 678 21, Rent Acct. #11 678 27, Advertising Acct. #11 678 54, Insurance & Bonds Acct. #11 678 74, Capital Outlay $ 600 60 65 225 1,000 25 600 $ 2,575 Upon vote, the motion carried unanimously. REQUEST FOR ADDITIONAL SPACE FOR TAX OFFICE County Manager Eller reported that the Tax Office was in need of additional office space and recommended that space be provided for them on the second floor of the Administration Building which would probably displace one tenant for which there was no other space in the, building. It was the feeling of the Board that the County Manager could handle the matter at his discretion. AUTHORIZATION FOR CHAIRMAN TO SIGN QUITCLAIM DEED Comm. Williams moved, seconded by Comm. Alper, that the Chairman be authorized to execute a Quitclaim Deed on property that the County had deeded to Mr. E. E. Costin in 1948 as that Deed had contained an error in the description. Upon vote, the motion carried unanimously. o EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Gottovi" that the meeting be recessed to Executive Session. Upon vote, the motion carried unanimously. ChID. O'Shields recessed the meeting to Executive Session at 12:23 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:39 o'clock p. m. APPROVAL OF LEASE AGREEMENT FOR LANDFILL Comm. Alper moved, seconded by Comm. williams, that the Chairman be authorized to execute a Lease Agreement with the Royal family regarding the landfill site, subject to minor amendments which may be deemed necessary by the County Manager. Upon vote, the motion carried unanimously. AMENDMENT TO PERSONNEL POLICY ChID. O'Shields moved, seconded by Comm. Williams, that in Article 8, Section 4 of the County Personnel Policy, Paragraph Step Four be amended by inserting the words "within 10 working days" between "file" and "the" in the first sentence. Upon vote, the motion carried unanimously. o ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 12:40 o'clock p. m. Respectfully submitted, ~,4./?~ Alyce B. Rusmisell Clerk to the Board abr