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1978-06-05 Regular Meeting 216 .;1../(", MINUTES OF SPECIAL MEETING, MAY 25, 1978 (CONTINUED) EXECUTIVE SESSION (CONTINUED) It was agreed by common consent that members of the Library Advisory Board who were not on the site selection committee be allowed to sit in on the Executive Session. Chm. O'Shields recessed the meeting to Executive Session at 9:55 o'clock a. m. Chm. O'Shields reconvened the meeting to Public Session at 10:52 oclock a. m. BREAK Chm. O'Shields recessed the meeting for a break from 10:52 o'clock a. m. until 11:00 o'clock a. m. o COMM. ALPER LEFT THE MEETING AT 10:52 O'CLOCK A. M. ADJOURNMENT Comm. Williams moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper Chm. O'Shields adjourned the meeting at 11:00 o'clock a. m. Respectfully Submitted, + ,6./?~ Alyce B. Rusmisell .. Clerk to the Board ABR: glt MINUTES OF REGULAR MEETING, JUNE 5, 1978 o ASSEMBLY The New Hanover County Board of Commissioners met in June 5, 1978, at 9:00 o'clock a. m. in the Assembly Room, Administration Building, Wilmington, North Carolina. Regular Session on Monday, New Hanover County Members present were Commiss'ioners George E. Alper; Karen E. Gottovi; 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. Comm. Ellen C. Williams was absent. Chm. O'Shields called the meeting to order. Rev. Horace Jackson of the Sunset Park Baptist Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, MAY 15, 1978 AND SPECIAL MEETING, MAY 25, 1978 Comm. Wright stated that on Page 213 under "Discussion on Subdivision Regulation Review Session", there were some other groups mentioned besides the Metes and Bounds Committee and she felt the Minutes should show that other groups that were interested should also have input before the Commissioners reviewed the proposed Subdivision Regulations. County Manager Eller reported that on Page 215 under "Approval of Sale Date for 0 Sheriff's Vehicles", even though it was not made specific at the time, he had put in the _ request that they be sold to the highest bidder at public auction so the sales could be confirmed at the time. Comm. Alper moved, seconded by COmm. Gott6vi, that the Minutes of the Regular Meeting of May 15, 1978, and the Special Meeting of May 25, 1978, be approved as corrected. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams o o o 217 MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED 3,000 FEET WEST OF HIGHWAY 421 IN THE FLEMINGTON AREA FOR A SANITARY LANDFILL IN AN I-2 (INDUSTRIAL) DISTRICT. This item had been continued from the meeting of May 1, 1978. Chm. O'Shields re- ported that Planning Director Richard Fender had requested that this public hearing be continued again pending receipt of the information previously requested. Mr. Archie Malpass presented to the Board a petition signed by residents and property owners of the Flemington Area who were opposed to the proposed expansion and the con- tinued operation of the landfill. A copy of the petition is contained in Exhibit Book VI, Page 1. Comm. Gottovi moved, seconded by Comm. Alper, that this public hearing be continued until the first meeting in July. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams DISCUSSION ON REQUEST FOR LIMITING NUMBER OF DOGS ALLOWED ON RESIDENTIAL PROPERTY Chm. O'Shields reported that Mr. Jack Harvey had requested to appear before the Board to discuss the need for an ordinance regulating the number of dogs allowed on residential property but was unable to be present. No action was taken. APPEAL FROM ISSUANCE OF SAND DUNE PERMIT This appeal had been continued from the meeting of May 15, 1978. County Attorney Fox requested that it be continued to the meeting of June 19 to give him time to review the record further. Chm. 0' Shields asked if there was anyone present to speak on this matter and no one appeared in this regard. COmm. Wright moved, seconded by Comm. Alper, that this appeal be continued to June 19 as Mr. Fox requested. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams PROPOSED ACQUISITION OF PROPERTY EAST OF NEW HANOVER MEMJRIAL HOSPITAL Comm. Wright moved, seconded by Comm. Gottovi, that this discussion be postponed until the second meeting in June when Comm. Williams could be present since she was the Commission representative on the Hospital Board and was supposed to present further information on this property acquisition. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams FINAL PLAT APPROVAL - GRAINGER POINT SUBDIVISION,'SECTION 2 Mr. Harry Oakes of the Planning Department reported that the Planning Commission Subdivision Review Committee had granted a conditional final approval on this plat at its meeting of May 22, 1978. The condition of approval was that a letter of credit in the amount of $5,600 be issued to insure that the required improvements would be installed. Mr. Harry W. Stovall III, the developer, appeared before the Board to answer questions and request approval of the plat. Comm. Wright moved, seconded by ChID. O'Shields, to approve the final plat of Grainger Point, Section 2, and acceptance of the letter of credit in the amount of $5,600. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams 218 ;<, If? MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) WITHDRAWAL OF REQUEST FOR FINAL PLAT APPROVAL - STONEYBROOK SUBDIVISION, SECTION 1 Mr. Harry Oakes of the Planning Department reported that the Planning commission Subdivision Review Committee had granted final approval on this plat on May 22, 1978. Mr. George Rountree III, attorney for the owners of the property, Messrs. Gilbert and Herbie Johnson, appeared before the Board to request approval and stated that the land was presently under contract to Mr. Peter Davis for development. Mr. A. L. Butler, Jr., attorney for adjoining landowners who were opposed to the 0 development, appeared before the Board to request continuance of this plat approval so they could obtain additional information as to the suitability of this subdivision. Comm. Gottovi moved, seconded by Comm. Alper, to grantcthe request for continuance as requested by Mrs. Merrill. Mr. Alton Lennon, attorney for Mr. Peter Davis, the developer, respectfully re- quested that the Board take action on this plat approval since the matter had been pending since April 24. Comm. Gottovi withdrew her motion for continuance. Mr. Lennon and Mr. Rountree presented a chronological sequence of events leading to approval of the plat by the Planning Commission. Mr. Butler presented his arguments on behalf of the opposing parties and requested this plat approval be denied. BREAK ChID.,O'Shields' recessed the meeting for a break from 11:20 o'clock a. m. until 11:33 o'clock a. m. DISCUSSION ON STONEYBROOK, SECTION 1 (CONTINUED) Attorneys Rountree and Lennon requested they be allowed to withdraw the request for approval of this plat and resuhmit it to the Planning Department, since'there were technical aspects of compliance with the subdivision regulations that had apparently been overlooked. o Comm. Gottovi moved, seconded by Comm. Alper, to allow the applicant to withdraw this application for final plat approval of Stoneybrook Subdivision, Section 1. Mr. Peter Davis, the developer, appeared before the Board and'offered comments on the matter. Upon vote, Comm. Gottovi's motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. 0' Shields Absent: COmm. Williams DISCUSSION WITH PLANNING DIRECTOR ON SUBDIVISION REGULATIONS Planning Director Richard Fender appeared before the Board and responded to the matters of technical compliance with the Subdivision Regulations. Mr. Fender also requested direction from the Board as to procedures in preparation of the new subdivision regula tions . Mr. Bill Huffine and Mrs. Lora Lavin also offered comments on the matter. ENDORSEMENT OF BILL H-1489 - INCREASE IN REGISTER OF DEEDS FEES 0 Comm. Wright moved, seconded by Comm. Alper, to approve the request of Mrs. LeRay to endorse the Bill H-1489 regarding Register of Deeds fees. Upon vote, the motion carried as follows: Voting Aye: Comm.Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams AUTHORIZATION FOR EXHIBITING COUNTY TREE PROGRAM AT NACO CONVENTION Comm. Wright moved, seconded by Comm. Alper, to authorize Mr. Baggett and whomever he needed to help him, to go to Atlanta to accept the NACo Achievement Award for the Tree Program, to pay the cost of it and commend him by letter with a copy to the State Extension Office. o o o _. 219 MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) TREE proGRAM (CONTINUED) Chm. O'Shields requested that the motion be amended to include that a letter be written to Mr. Peter Davis, former Commissioner, advising him of the award since he initially suggested the program. Comm. Wright included that amendment in her motion and upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm" 0' Shields Absent: Comm. Williams DISCUSSION OF COMMUNITY INVOLVEMENT COUNCIL Chm. O'Shields moved, seconded by Comm. Wright, to table the establishment of a Community Involvement Council requested by Governor Hunt until the second meeting in June. Upon vote, the ll'Otion carried ,as follows: Voting Aye: Comm. Alper, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi Absent: Comm. Williams CERTIFICATION OF ROSTERS - WINTER PARK AND SEAGATE VOLUNTEER FIRE DEPARTMENTS Comm. Wright moved, seconded by Comm. Alper, approval of the rosters of the Winter Park and Seagate Volunteer Fire Departments. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams AUTHORIZATION FOR CHAIRMAN TO SIGN REDRAFTED DEED Comm. Alper moved, seconded by Comm. Wright, that the Chairman be authorized to sign a redrafted deed to Mr. Albert Axler for property in the 70Q block of South 8th Street as the deed had never been recorded and Mr. Axler's attorney couhd not locate it. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams AWARD OF BID ON OLD NCO BUILDING AT THE AIRPORT Comm. Wright moved, seconded by Comm. Alper, that Mr., Dennis Anderson of McAnderson's, Inc. be allowed to purchase the old NCO Building at the Airport for $1,500 since no upset bids had been received. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams BUDGET TRANSFER - CORONER Comm. Wright ll'OVE!d, seconded by Comm. Alper, approval of the transfer of $1,500 from Contingencies, Acct. #11 445 61, to Professional Services, Acct. #11 660 04, in the Coroner's budget for autopsies by the State Medical Examiner that were not anticipated when the budget was prepared. Upon vote, the motion carried as follows: I Voting Aye: 'Comm. Alper, Gottovi, Wright and, Chm. O' Shields Absent: Comm. Williams BUDGET TRANSFER - ADMINISTRATION Comm. Alper moved, ,seconded by Comm. Wright, approval of the transfer of $300 from Contingencies, Acct. #11 445 61, to A~vertising, Acct. #11 420 27, in the Administration budget. Upon vote, the motion carried as follows: Voting Aye: Comm. AlpE!r, Gottovi, w~ight and Chm. O'Shields i Absent: Comm. Williams 220 ;.. x<? MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) BUDGET TRANSFER - COUNTY ATTORNEY County Manager Eller explained the unexpected legal expenses that were not antici- pated in the Legal Budget. Comm. Wright moved, seconded by Comm. Gottovi, approval of the transfer of $4,600 from Contingencies, Acct. #11 445 61, to Professional Services" Acct. #11 470 04, in the County Attorney's budget to complete this fiscal year. Upon vote, the motion carried as follows : Voting Aye: Comm. Alper, Gottovi, Wright and Chm. 0' Shields o Absent: Comm. Williams BUDGET TRANSFERS - MUSEUM Comm. Gottovi moved, seconded by Comm. Alper, approval of the transfer of $2,500 from Revenue Sharing to Maintenance & Repair - Buildings & Grounds, Acct. #11c625 16, in the Museum Budget for demolition of the Livingston House and the transfer of $12,700 from Revenue Sharing, Acct. #56 575 95, to Capital Outlay - Land, Acct. #11 625 71, for the purchase of property adjacent to the Museum. Upon vote, the motion carried as follows: Voting Aye: COmm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams AUTHORIZATION TO ABANDON INDIAN COMPOUND PROJECT AT MUSEUM County Manager Eller requested permission from the Board to abandon the Indian Com- pound Project at the Museum and to sell the poles that had been purchased for this project. Comm. Alper moved, seconded by Comm. Gottovi, that the County Manager be authorized to negotiate the 'sale of the poles at the Indian Compound. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and ChID. O'Shields o Absent: Comm. Williams BUDGET TRANSFER - LIBRARY County Manager Eller explained the reasons for overspending the salary appropriation for this fiscal year in the Library Budget. Comm. Gottovi moved, seconded by Comm. Alper, approval of the following budget trans- fer in the Library budget: Debit - Acct. #11 630 07, Retirement Acct. #11 630 06, Group Insurance $1,500 200 Credit - Acct. #11 630 02, Salaries & Wages Acct. #11 630 05, FICA $1,575 125 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams BUDGET TRANSFER - FINANCE Comm. Wright moved, seconded by Comm. Alper, approval of the following budget trans- fer in the Finance Office in order to purchase additional office furniture for aCETA employee: Debit - Acct. #11 440 02, Salaries & Wages Acct. #11 440 06, Group Insurance $ 200 400 o Credit - Acct. #11 440 74, Capital 'Outlay - Equipment $ 600 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and ChID. O'Shields Absent: COmm. Williams o o o 221 MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) BUDGET AMENDMENT - HOSPITAL Comm. Alper moved, seconded by Comm. Wright, approval of the following budget transfer to disburse payment to the hospital for interest received on the $100,000 Certificate of Deposit the County is holding: Debit - Acct. #78 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $1,269.72 $1,269.72 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, W~ight and Chm. O'Shields Absent: Comm. Williams BUDGET TRANSFER - TAX DEPARI'MENT, Comm. Alper moved, seconded by Comm. Wright, approval of .the following budget transfer in the Tax budget to make necessary program modifications in the numbering system: Debit - Acct. #11 450 02, Salaries & Wages Acct. #11 450 22, Equipment Rent $1,000 468 Credit - Acct. #11 450 45, Contracted Services $1,468 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams BUDGET TRANSFER -, SOCIAL SERVICES Comm. Gottovi moved, seconded by Comm. Alper, approval of the transfer of $500 from Salaries & Wages, Acct. #41 609 02, to Travel, Meetings & Schools, Acct. #41 609 14, to cover school expense for Linda McFayden and to cover the Director's automobile expense since December 1977. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. 0' Shields Absent: Comm. williams TRANSFER OF FUNDS - GARAGE Comm. Wright moved, seconded by Comm. Gottovi, approval of the transfer of $410 from Purchase for Resale, Acct. #11 555 48, to Salaries & Wage~, Acct. #11 555 02, in the Garage Budget to cover a shortage resulting from paying accumulated vacation time to a retiring employee and one who resigned, and also approval of the transfer of $2,000 from Acct. #11 555 74, Capital Outlay - Equipment, to Acct. #11 555 73, Capital Outlay - Other Improvements, to make necessary, improvements to the old National Guard Armory Building at the Airport for use as a maintenance facility for the County Garage. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams TRANSFER OF FUNDS - ENGINEERING & INSPECTIONS Comm. Alper moved, seconded by Comm. Wright, approval of the following budget transfer in the Engineering budget to purchase supplies and equipment for a CETA pro- ject established to clean up the entrance ~ighways and recreation areas in the County: Debit Credit #11 #11 #11 #11 Salaries Iii Wages Supplies & Materials M & R - Autos & Trucks Automotive" Supplies $1,300 $ 700 300 300 540 540 540 540 02, 33, 17, 31, - Acct. - Acct. Acct. Acct. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams 222 ~.2'::>- MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) SEPARATE READING FILE FOR BUDGET TRANSFERS Comm. Wright requested that instead of mailing each Commissioner copies of budget transfers authorized by the County Manager, a separate reading file be set up for copies of these transfers and the Commissioners could look at them when they were in the office. REQUEST FOR INFORMATION ON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Comm. Gottovi requested that the County Manager obtain information on Community Develop- ment Block Grant Funds which had, 'in the past, been given over to Carolina Beach as she felt it was time for the County to reconsider the use of these funds. REQUEST FOR INFORMATION ON CENTRAL DISPATCH SYSTEM 0 Oomm. Gottovi requested that the manager obtain information on the 911 Central Dis- patch System for Emergency Services so it would be available when, the ,Ambulance Franchise Ordinance was discussed. REQUEST FOR SUMMARY AND ALLOCATION STATEMENT ON PLAN FOR AGING Comm. Gottovi requested that she be furnished the summary and allocation statement on the State Plan for the Aging. DISCUSSION ON CRITERIA USED IN DETERMINING LIBRARY SITE" SELECTION Comm. Gottovi brought up the fact that she felt the criteria used in determining the Library site selection should be made public so people would be aware of how this was done. After discussion by the Board, no action was taken on this. ADDITION OF VEHICLES TO SALE Comm. Gottovi moved, seconded by Comm. Alper, approval of the addition of the fol- lowing vehicles to be sold at public auction to the highest bidder on June 24, 1978: 1967 Pontiac ,Ambulance - Serial, #262907P245800 1967 Chevrolet Truck - Serial #C147B137299 Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields o Absent: Comm. Williams BUDGET TRANSFER - CIVIL PREPAREDNESS Comm. Alper moved, seconded by Chm. O'Shields, to approve the transfer of $841.60 from Miscellaneous Income, Acct. #11 330 00, to Supplies & Materials, Acct. #11 525 33, 'u in the Civil Preparedness budget to reimburse the County for property purchased by Winter Park Volunteer Fire Department at the Federal Surplus Property Warehouse. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams POSITION RECLASSIFICATIONS - DEPARTMENT OF SOCIAL SERVICES Comm. Gottovi moved, seconded by Comm. Alper, approval of the following position reclassifications in the Department of Social Services: position No. From 'To 055 057 099 Typist II (Rg. 53) Clerk-Typist II (Rg. 53) Social Worker II (Rg. 66) Clerk II (Rg. 53) Clerk II (Rg. 53) Social Worker I (Rg. 63) Upon vote, the motion carried as follows: o Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O'Shields Absent: Comm. Williams REQUEST FOR CHANGE IN BUDGET HEARINGS Chm. O'Shields reported that he had a conflict with the budget hearing on June 12 in that he needed to be in Raleigh for a meeting on that day and requested that the Board change the schedule so he could attend. No action was taken. o o o 223 MINUTES OF REGULAR MEETING, JUNE 5, 1978 (CONTINUED) EXECUTIVE. SESSION Comm. Gottovi moved, seconded by Comm. Alper, that the meeting be recessed to Executive Session for land acquisition and personnel matters. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. O~Shields Absent: Comm. Williams Chm. O'Shields recessed the meeting'to Executive Session at 12,:38 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 1:54 o'clock p. m. BUDGET TRANSFER - LIBRARY CAPITAL ProJECT FUND Comm. Alper moved, seconded by Comm. Gottovi, to transfer $4,000 from Building, Acct. #82 575 72, to Additional Architectural Services, Acct. #82 575 76, in the Library Capital Project Fund. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. 0' Shields Absent: Comm. Williams ADJOURNMENT Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Wright and Chm. 0' Shields Absent: Comm. williams Chm. O'Shields adjourned the meeting at 1:55 o'clock p. m. Respectfully submitted, ~;6.I?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF SPECIAL MEETING, JUNE 12, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on MOnday, June 12, 1978, at 3:33 o'clock p. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. (The meeting, was call.ed for 3:00 o'clock p. m. but was delayed due to budget hearings.) 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. ChID. O'Shields called the meeting to order and stated the purposes for which the Special Meeting had been called. RESCISSION OF BUDGET TRANSFER - LIBRARY CAPITAL PROJECT ORDINANCE COmm. Gottovi moved, seconded by Comm. Williams, that the $4,000 budget transfer in the Library Capital Project Ordinance approved on June 5, 1978, be rescinded. Upon vote, the motion carried unanimously. APPROVAL OF BUDGET TRANSFER - LIBRARY CAPITAL PROJECT ORDINANCE Comm. Gottovi moved, seconded by ChID.IO'Shields, approval of the transfer of $11,078.90 from Owner Furnished consultant~, Acct. #82 575 77; to Additional Architectural Services, Acct. #82 575 76. Upon vote, th~ motion carried unanimously.