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1978-08-21 Regular Meeting o o o 263 MINUTES OF SPECIAL MEETING, AUGUST 16, 1978 (CONTINUED) ADJOURNMENT' Connil.~ Wright moved, seconded by Comm. Upon vote, the motion carried as follows: WilliamS, that the meeting be adjourn~d. I Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper Chm. O'Shields adjourned the meeting at 5:40 o'clock p. m. Respectfully submitted, ~~./f~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, AUGUST 21, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 21, 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. 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. Chm. O'Shields called the meeting to order. Rev. A. L. McGee of Calvary Baptist Church offered the invocation. APPROVAL OF MINUTES: 'REGULAR MEETING, AUGUST 7, 1978, SPECIAL MEETING, AUGUST 9, 1978; AND SPECIAL MEETING; AUGUST 16, 1978 Comm. Wright pointed out that on Page 255 under "Public Hearing to Consider a Corrective Ordinance to Reflect the Intent' of the Original 0 & I ,,(Office & Institu- tional) Zoning for the Cape Fear Memorial Hospital property", the date in the Ordinance adopted sho~d be changed to December 7, 1972, instead of 1978. Comm. Alper moved, seconded by Comm. Gottovi, approval of the Minutes of the Regular Meeting of August 7, 1978, as corrected and the Minutes of the Special Meetings of August 9 'and 16, 1978, as presented. 'Upon vote, the motion carried unanimously. Comm. Williams stated that her vote on the Minutes of August 7, was for the first part of the meeting only as she had left early and was not present after, lunch. REPORT FROM CORPS OF ENGINEERS Col. Adolph Hight appeared before the Board to explain the changes in the Corps of Engineers policy concerning dredging and diking costs. Col. Hight introduced the fol- . lowing persons from. the Corps of Engineers who were present to answer questions and clarify the Corps policy: Maj. Art Kozac Mr. Dave Hewett ,Mr. Barry Holliday Mr. Jim Wells Mr. Tom Swain Mr. Tom Fahnstock of the Department of Natural Resources & Community Development clarified the State's position in this matter. OBJECTIVES OF LIBRARY ADVISORY BOARD , Dr. James Hundley, Chairman of the Library Advisory Board, presented a brief yearly report to the Commissioners and Mrs. Trudy Van Luyn presented the objectives that had been adopted by the Advisory Board for the New Hanover County Library. 1264 ! i MINUTES OF REGULAR MEETING, AUGUST 21, 1978 (CONTINUED) BREAK Chm. O'Shields recessed the meeting for a break from 9:58 o'clock a. m. until 10:07 o'clock a. m. VOTING MACHINE DEMONSTRATION Mr. Ed Snead, Chairman of the Board of Elections, in~roduced Mr. Russell Sloss, who gave a demonstration of the Votomatic Voting Machines that the Board of Elections had recommended the County purchase. TAX VALUATION FOR COUNTRY CLUB APARTMENTS Comm. Gottovi moved, seconded by Comm. Alper, to approve the recommendation of Mr. E. C. Shugart of the Ad Valorem Tax Division, to set the tax value for Country Club Apartments at $1,998,930. Upon vote, the motion carried as follows: o Voting Aye: Comm. Alper, Gottovi,' Williams and ChID. O'Shields Voting Noe: Comm. Wright APPROVAL OF COLLECTION SETTLEMENT AND CHARGES FOR 1978 TAX LEVY Comm. Wright moved, seconded by Comm. Williams, to accept Mrs. Janie B. Straughn's Settlement Report and that she be reappointed as Collector of Revenue for the coming year. Upon vote, the motion carried unanimously. A copy of the Settlement Report and Collector's Oath of Office is contained in Exhibit Book VI, Page 17. APProVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH JOLY 31, 1978 Comm. Alper moved, seconded by Comm. Gottovi, approval of the Report of the COl- lector of Revenue through July 31, 1978. Upon vote, the motion carried unanimously. A copy of the Report is contained in Exhibit Book VI, Page 18. APPROVAL OF TAX ABATEMENTS & REFUNDS County Attorney Fox reported that he had reviewed the list of tax abatements and refunds and found them to be in order. o Comm. Alper moved, seconded by Comm. Gottovi, approval of the list of Tax Abatements and Refunds. Upon vd:e, the motiqn carried unanimously. A copy of the list is contained in Exhibit Book VI, Page 19. APPEAL FROM BUILDING INSPECTOR'S RULING Mr. Ronald Bast withdrew his appeal from the Building Inspector's ruling on elevation required for a residence in a flood zone. PUBLIC HEARING - AMBULANCE ORDINANCE Notice had been given that the New Hanover County Commisstoners would hold a public hearing on Monday, August 21, 1978, at 10:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the adoption of an Ordinance entitled "New Hanover County Ambulance Ordinance". County Manager Eller reported that the City of Wilmington had adopted a resolution endorsing the Ordinance with the stipulation that the Wilmington Fire Department would be designated as the agency to provide emergency transportation service in the City Limits and that the franchise would provide that other emergency service providers would serve as backup to the City if they needed it; that they not be required to handle non- emergency transportation and that they not be required to respond to calls outside the City 0 Limits. Chm. O'Shields opened the floor for discussion and the following persons offered comments: Ray Stanford - Ogden Rescue Squad A representative from New Hanover Rescue Squad Chm. 0' Shields moved to adopt this Ordinance and ask someone from the City of Wilmington to be present at the first meeting in September and at that time look at the possible boundaries. o o o 265 MINUTES OF REGULAR MEETING, AUGUST 21, 1978 (CONTINUED) AMBULANCE ORDINANCE (CONTINUED) The following persons offered further comments: Mr. Al Schomp Mr. Ray Stanford Mr. Hilton Jones Mr. John Maye COmm. Wright suggested that the Board express its intent to adopt an Ordinance in January and authorize the Sheriff's Department to be looking for the people with the right training for establishing the dispatch system and the time in between be used for setting Up' the districts. ' Comm. Gottovi moved, seconded by Comm. Alper, that the Board signify its intent to adopt an Ambulance Ordinance as of the time that the COunty has the capability to provide the service and that the County Manager and other staff begin the process of developing the districts and discuss this with all parties involved. Upon vote, the motion carried unanimously. FINAL PLAT APPROVAL - MONTEREY HEIGHTS, SECTION 6 Mr. Harry Oakes of the Planning Department reported that the Planning Commission had approved the Preliminary Master Plan of this subdivision on JulyS, 1978, and approved Section 6 on August 2, 1978. 'Comm. williams moved, seconded by Comm. Alper, approval of the final plat of Monterey Heights, Section 6. Upon vote, the motion carried unanimously. FINAL PLAT APPROVAL' - BRICKSTONE ESTATES Mr. Harry Oakes of the Planning Department reported that the Planning Commission had approved the Preliminary Master Plan and Section 2 at the <meeting. of August 2, 1978. Comm. Wright moved, seconded by Comm. Williams, approval of the final plat of Brickstone Estates, Section 2. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: COmm. Gottovi ADDITION OF ROADS IN SOUTH BRANCH ESTATES TO STATE SYSTEM Mr. Harry Oakes of the Planning Department explained the deficiencies in the approval of adding these roads to the State System had been corrected and recommended that they be added. Comm. Williams moved, seconded by Comm. Wright, approval .of the resolution nquesting the addition of South Branch Road and Buckeye Drive to the State Secondary Road System. Upon vote, the motion carried unanimously. A copy of the petition is on file in the Clerk's Office. REQUEST FOR REZONING PROPERTY ON 17TH STREET Mr. G. Dudley Humphrey, Attorney representing the Scottish Rite Bodies, appeared before the Board to request the County join in their petition to rezone property on South 17th Street from R-lAA to R-3. New Hanover County owned the property adjacent to the property owned by the Scottish Rite Bodies. Comm. Wright moved, seconded by Comm. Alper, approval of the County's joining in the petition to rezone this property. Upon vote, the motion carried unanimously. ADOPTION ,OF EROSION & SEDIMENTATION CONTROL ORDINANCE Comm. Gottovi moved, seconded by Comm. Alper, adoption of the Ordinance Amending the New Hanover COunty Soil Erosion and Sedimentation Control Ordinance with the effective date changed to September 1, 1978. Upon vote, the motion carried unanimously. A copy of the Ordinance is contained in the Ordinance Book in the Clerk's Office. ADOPTION OF COUNTY CODE County Attorney Fox recommended that ,the Nuisance Ordinance be amended in the Code by deleting Article I of Chapter 11 and Substituting a revised Ordinance and that Article I of Chapter 8, pertaining to the Fire Prevention Code be deleted. A copy of the revised Nuisance Ordinance is contained in the Ordinance Book in the Clerk's Office. 266 MINUTES OF REGULAR MEETING, AUGUST 21, 1978 (CONTINUED) ADOPTION OF COUNTY CODE (CONTINUED) Comm. Gottovi moved, seconded by Comm. Williams, to adopt the New Hanover County Code as amended by substituting the revised Nuisance Ordinance and deleting the Fire Prevention Code and adoption of the Ordinance enacting the Code which is to be effective November 1, 1978. Upon vote, the motion carried unanimously. ACCEPTANCE OF OFFER TO AMEND GRANT AGREEMENT Comm. Alper moved, seconded by Comm. Gottovi, acceptance of the Offer to Amend the Grant Agreement for Project 04-51-22413 which was the Airport Water and Sewer Project 0 and improvements to the New Hanover County Administration Building. Upon vote, the motion carried unanimously. The Amendment to the Grant Agreement is on file in the County Manager's Office. APPROVAL OF DETENTION SUBSIDY AGREEMENT Comm. Alper moved, seconded by Comm. Williams, approval of the Detention Subidy Agreement with the Department of Human Resources and authorization for the County Manager to sign the Agreement. Upon vote, the motion carried unanimously. A copy of the Agreement is on file in the County Manager's Office. REJECTION OF BIDS ON WEATHER BUREAU BUILDING Comm. Alper move9, seconded by Comm. Go tto vi , that ' the general and plumbing bids received on the Weath~r Bureau Building at the Airport be rejected and rebid as recom- mended by the Architects. Upon vote, the motion carried unanimously. RECLASSIFICATION. OF CLERK-STENJlV TO ADMINISTRATIVE SECRETARY V IN DSS Comm. Williams moved, seconded by Comm. Alper, that the Clerk-Steno V position at the Department of Social Services be reclassified to Administrative Secretary V as re- quested by the Social Services Director. Upon vote, the motion carried unanimously. DESIGNATION OF MEETINGS Comm. designated of Special CLERK TO RECEIVE WRITTEN REQUESTS FOR NOTICES OF SPECIAL AND EMERGENCY Williams moved, seconded as the person to receive and Emergency Meetings. by ChID. O'Shields, that the Clerk to the Board be written requests from the news media for notices Upon vote, the motion carried unanimously. o CHANGE ORDERS AND BUDGET AMENDMENT - HOSPITAL EXPANSION PROJECT County Manager Eller explained the 18 change orders in the Hospital Expansion Project stating that most of them had to do with the additional suite in the Radiology Section for the CAT scanner. Mr. Eller also stated that all the changes had been ap- proved by the County Inspections Offices. Comm. Alper moved, seconded by Comm. Williams, approval of the Change Orders in the Hospital Expansion Project as requested and approval of the following. budget amend- ments: Debit - Acct. #78 575 76, Contingencies Credit - Acct. #78 575 70, General Contractor Acct. #78 575 71, Plumbing Contractor Acct. #78 575 72, Heating/Air Consitioning Acct. #78 575 73, Electrical Contractor $ 39,242 $ 4,961 1,856 10,551 21,874 Upon vote, the motion carried unanimously. Copiescof the Change Orders are on' file in the County Manager's Office. BUDGET AMENDMENT - HOSPITAL EXPANSION PROJECT Comm. Wright moved, seconded by Comm. Alper, approval of the following budget amendment in the Hospital Expansion Project to disburse'payment to the Hospital for interest earned on their $100,000 Certificate of Deposit: o Debit - Acct. #78 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $ 1,747.70 $ 1,747.70 upon vote, the motion carried unanimously. BUDGET AMENDMENTS - CETA PROGRAMS Comm. Williams moved, seconded by Comm. Gottovi, approval of the CETA Budget Amendments as requested in Memo dated August 16, 1978, from Finance Officer Felix Cooper. Upon vote, the motion carried unanimously. Copies of the Budget Amendments are contained in Exhibit Book VI, Page 20. o o o 267 MINUTES OF REGULAR MEETING, AUGUST 21, 1978 (CONTINUED) BREAK l2:15C:.'~l~~~h~~1~~ recessed the mee~i,:g for a break from 12:10 o'clock p. m. 'u~lti1 EXECUTIVE SESSION , Comm. Alper moved, seconded by Comm. Gottovi,' that the meeting be recessed to Executive Session to discuss land acquisition, personnel matters, committee appoint- ments, and Attorney/Client matters. Upon vote, the motion carried unanimously., Chm. O'Shields recessed the meeting to Executive Session at 12:16 o'clock p. m. '<"~. , ' ~"" ' ., Chm. O'Shields reconvened the meeting to Public Session at 12:40 o'clock p. m. BUDGET AMENDMENT - WATER & SEWER County Manager Eller explained that the Commissioners had appropriated $10,000 for modifications to the Preliminary Engineering Report prepared by Henry ,von Oesen & Associates to meet requirements of Farmer's Home Administration. 'These'funds had not been expended last fiscal year, and the County Manager requested the' funds be reappropria ted. Comn. Williams moved, seconded by Comm. Gottovi, approval of ,appropriating $10,000 to the Appro~iated Fund Balance, Acct. #64 299 00 and appropriating $10,000 to the Expenditure Acct., Professional Services, Acct. #64 575 04, in the Water & Sewer Budget. Upon vote; the motion carried unanimously. APPLICATION FOR TITLE III ProJECT COunty Manager E:1.ler explained that he had just received information stating that ~ .".>- " . .' the Council of Governments Would be accepting applications for the operation of Title III Projects which were Youth Community Conservation & Improvement ,Projects. '. Comm. Gottovi IlDved, seconded by Comm. Alper, that the County Manager be requested to get more information about the Title III Youth Fund Project, and if it was something that he felt was feasible for New Hanover County that he be allowed to proceed with the application at his discretion. Upon vote, the motion carried unanimously. f'_i.- .' "',1 t. 201 FACILITIES PLAN - STEP II WORK SESSION It was agreed to meet on August 30, 1978, at 9:00 o'clock a. m. for a work session with representatives from Henry von Oesen & Associates, Consulting Engineers for the 201 Facilities Plan - Step II. RESOLUTION - DISMISSAL OF GARY EYSTER AS MUSEUM DIRECTOR Comm. Wright moved, seconded by Comm. Alper, the adoption of the following resolution .in the personnel matter which was heard recently: ,Be it resolved that the Board of Commissioners, having carefully reviewed all matters presented to it in executive session held at 9:00 a. m. on August 9, 1978, finds without merit the grievance or appeal of Gary Eyster regarding his dismissal from employment by New Hanover County, acting through its County Manager, Dan Eller, on March 29, 1978. Upon vote, the Resolution was adopted unanimously. APPOINTMENT OF WAYNE MORRIS TO COMMUNITY-BASED ALTERNATIVES TASK FORCE Comm. Gottovi moved, seconded by Comm. Wright, that Mr. Wayne Morris be appointed to replace Miss Lela Moore Hall on the Community-Based Alternatives Task Force. Upon vote, the motion carried unanimously. STUDY COMMISSION FOR DISTRICT ELECTION SYSTEMS Comm. Gottovi moved, seconded by Comm. Alper, that the COunty join with the City of Wilmington in appointing a Study Commission for District Elections Systems. i ! -- Mr. Peter Grear and Mr. Tommy Hodges commented and requested approval by the Board. Upon vote,:the motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields Voting Noe: Comm. Williams and Wright 268 DISTRICT ELECTION SYSTEMS (CONTINUED) Chm. O'Shields moved that Commissioners Gottovi and Alper be appointed to that Committee. Comm. Wright moved that the meeting be adjourned. The motion did not receive a second. Comm. Gottovi seconded Chm. O'Shields' motion and upon vote, it carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields Voting Noe: Comm. Williams and Wright o ~'\ , I ' r' DISCUSSION ON DETERIORATION OF ROADS IN FLEMINGTON Chm. O'Shields reported that he had received a complaint on the deterioration of the roads in Flemington since the National Guard had been hauling water over there for the residents and stated that a resident had requested that the County haul in some marl or something to help them with their roads. It was agreed that the County Manager would write a letter to Mr. Yates suggesting that the water be placed in a location so that the roads would not be deteriorated. ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shie1ds adjourned the meeting at 1:11 o'clock p. m. Respectfully submitted, ~ ,6'.k~ Alyce B. Rusmisell Clerk to the Board abr 1,...' \~) .. ly o MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 5, 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. Gottovi; Ellen C. Williams, Vivian S. Wright, Chairman Claud o 'Shields , Jr.; County Manager Dan W. Eller, Attorney Joseph O. Taylor, Jr., of the County Attorney's Office; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order. Comm. Vivian S. Wright offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 21, 1978 Upon motion by Comm. Wright, seconded by Comm. Williams, the Minutes of the Regular Meeting of August 21, 1978, were unanimously approved as presented. RETIREMENT PRESENTATION TO CHRYSTABELLE B. BroWN ( Chm. O'Shields presented a plaque to Mrs. Chrystabelle B. Brown in appreciation for 0 \..21'. years and 2 months of service to New Hanover County. Mrs. Brown retired from the Agricultural Extension Office on July 31, 1978. ' INTRODUCTION OF MUSEUM DIRECTOR, JANET SEAPKER County Manager Dan Eller introduced Ms. Janet Seapker, the new Director of, the New Hanover County Museum. DISCUSSION OF ORDINANCE PROHIBITING LOUD, DISTURBING AND UNNECESSARY NOISES The Commissioners had been furnished copies of a proposed Ordinance Prohibiting Loud, Disturbing and Unnecessary Noises in New Hanover County for their consideration and adoption.