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1978-09-18 Regular Meeting o o o 21? MINUTES OF REGULAR MEETING, SEPTEMBER 5, 1978 (CONTINUED) APPOINTMENTS TO HOSPITAL BOARD OF TRUSTEES comm, Gottovi moved, seconded by Comm. williams, to appoint the following Bersons to serve 5-year, terms on the New Hanover Memorial Hospital Board of ~rustees: Mrs. Alma Ryder Mr. Iving Fogler Mrs. Sylvia Rountree Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and ChID. O'Shields Absent: Comm. Alper APPOINTMENT TO COMMUNITY-BASED ALTERNATIVES TASK FORCE Comm. Gottovi moved, seconded by Comm. Wright, to, appoint Mrs. Barbara Bray to the Task Force on Community-Based,Alternatives. Upon vote, the motion carried as follows: Voting Aye: COmm. Gottovi, williams, Wright and ChID. O'Shields' Absent: comm. Alper APPOINTMENT TO MUSEUM BOARD OF TRUSTEES, Comm. Gottovi moved, seconded by Chm. O'Shields" to appoint: Mr.' Davis Nash to fill an unexpired term on the Museum Board of Trustees. Upon,vote, the motion qarried as follows: Voting Aye: Comm. Gottovi, williams" Wright and Chm. O'Shields Absent: Comm. Alper ADJOURNMENT Comm. Gottovi moved, seconded by Comm. Wright, 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 4:45 o'clock p. m. Respectfully submitted, +- xi,l1t... ",.:.,-'L~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on MOnday, September 18, 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, VivianS. 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. Rev. Ralph Jernigan, of the First Pentecostal Holiness Church offered the invocation. 278 MINUTES OF REGULAR MEETING, SEPTEMBER >,18 , 1978 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 5, 1978 Comm. Wright stated that on Page 273 under "Establishment of Nursing Home Advisory Committee", it be noted that she voted "Noe" because she felt it would more properly be done by the State. Comm. williams stated that she felt that with the guidelines handed down by the State, she felt they might as well go ahead and make the appointments themselves. Comm. Alper moved, seconded by Comm. Gottovi, that the Minutes of the Regular 0 Meeting of September 5, 1978, be approved as amended. Upon vote, the motion carried unanioously. APPROVAL OF INDUSTRIAL FACILITIES & POLLUTION CONTROL FINANCING AUTHORITY BONDS Mr. Seymour Alper, Chairman of,;the New Hanover County Industrial Facilities and Pollution Control Financing Authority, and Mr. Wallace Murchison, Attorney, appeared before the Board and presented.a Resolution authorizing the issuance of Revenue Bonds in the amount of $2,000,000 to finance air and water pollution con- trol facilities'for Corning Glass Works. They requested the Board to adopt this Resolution. (See Page 283 for cOTTection.) Chm. 0' Shields introduced the Resolution which was read by all the Commissioners. Comm. Williams moved the passage of the Resolution and Comm. Gottovi seconded the motion. Upon vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book VI, Page 26. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS County Manager Eller explained that the representative from the HUD office in Greensboro was unable to attend this meeting but would be available for either the first or second meeting in October. comm. Wright moved, seconded by Comm. Williams, to invite the HUD representative for the meeting of October 16. Upon vote, the motion carried unanimously. o ORDINANCE PROHIBITING LOUD, DISTURBING AND UNNECESSARY NOISES Comm. Williams suggested deleting several items mentioned in,-the Ordinance that was presented by Attorney Taylor. After discussion by the Board, it was agreed by common consent to make several changes in the proposed Ordinance. Adoption of the Ordinance was tabled until later in the".meeting for the final draft to be prepared and reviewed. OFFENDER AID AND RESTORATION CONTRACT The Commissioners had been furnished copies of a proposed contract for services of Offender Aid and Restoration. County Manager Eller explained that he was satisfied with the form of the Con- tract and recommended approval by the Board. Comm. Alpercmoved, seconded by Comm. Williams, to authorize the County Manager to execute the Contract with Offender Aid & Restoration and agree"to appoint 9 member to their Board of Directors. Upon vote, the motion carried unanimoUSly. A copy of the Contract is on file in the County Manager's Office. DISCUSSION ON LIBRARY AND LAW ENFORCEMENT CENTER Mr. C. G. Berry addressed the Commissioners with regard to the site for the new Library and the construction of the new Law Enforcement Center. o BREAK ChID. O'Shields recessed the meeting for a break from 9:42 o'clock a. m. until 9:54 o'clock a. m. LEASE OF AIRCRAFT STORAGE HANGARS County Manager Eller explained that this lease had been advertised as approved at the meeting of September 5. Comm. wright moved, seconded by Comm'~ Gottovi, approval of the Lease with Air Wilmington for 4 aircraft storage hangars with 50 feet of ramp space in front of each hangar for $150 per month per hangar. Upon vote, the motion carried unanimously. (See Page 388 for clarification.) A copy of the Lease Agreement is on file in the County Manager's Office. o o o 279 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1978 (CONTINUED) ~ i Collector APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH AUGUST 31, 1978 Comm. Wright moved, seconded by Comm. Alper, approval of the Report of the of Revenue through August 31, 1978. Upon vote" the motion carried unanimously.' A copy of the Report is contained in Exhibit Book VI, Page 27. CERI'IFICATION FOR AIRPORT FIRE DEPARTMENT PENSION FUND DEATH BENEFIT COunty Manager Eller' reported that the members of the Airport Fire Department were eligible to participate in the State Firemen's Pension Fund Death Benefit. Comm. Williams moved, seconded by Comm. Wright, approval of the Resolution of Certification of the Airport Fire Department, payment of "the $'5 fee and the annual fee of $3 per fireman and that the Commissioners serve as trustees. Upon vote, the motion,carried unanimously. A copy of the Resolution,:is contained in Exhibit Book VI, Page 28. APPROVAL OF APPOINTMENT FOR FEDERAL POINT VOLUNTEER FIRE DEPARTMENT TRUSTEES Comm. Williams move, seconded by ,omm. Alper, approval of Federal Point Volunteer Fire Department's appointing Mr. William T. Bordeaux and Mr. Raeford Sewell to the Relief Fund' Committee. Upon vote, the motion carried unanimously. TAX ABATEMENTS AND REFUNDS Comm. Gottovi moved, seconded by Comm. Alper, to approve the list of individuals who requested Senior Citizens exemption but failed to list it in time. Comm. Gottovi amended her motion,. seconded by Comm. Williams, to approve everything on the list up to the requests for release of listing penalties., Upon, vote, the motion carried unanimously. Comm. Williams moved that individuals who had requested the penalty be released, and this was their fire time, that the penalty be released. Comm. Williams amended her motion to release the penalties for items 2', 3, 4, 5, 5, 7, 10, 11, 12, 15 and 16 on the list. Comm. williams amended her motion, seconded by Comm. Gottovi, that except for items 2, 3, 4, 5, 6, 7, 10, 11, 12, 15 and 16 on the list, the other penalties remain the same. Upon vote, the motion carried unanimously. I . COmm. Gottovi moved, seconded by COll!'l" Alper, to :release the double-charged taxes and the taxes for New Testament Church of Burgaw as that was an exempt organization. Upon vote, the motion carried'unanimously. A copy of the list is contained in Exhibit Book VI, Page 29. AUTHORIZATION TO NEGOTIATE WATER PURCHASE AGREEMENT' WITH CITY OF WILMINGTON County Manager Eller reported that, in order to satisfy requiremehts of the Farmer's Home Administration, the County needed to negotiate a Water Purchase Agreement with the City of Wilmington and to negotiate Sales Contracts with Wrightsville Beach and General Electric. Mr. Henry von Oesen and Col. Paul S. Denison, of Henry von Oesen & Associates, Consulting Engineers, appeared before the Board to explain this matter and answer questions. Comm. Gottovi moved, seconded by Comm. Alper, to authorize the County Manager to negotiate a Water Contract with the City of Wilmingtoh and Sales Contracts with the Town of Wrightsville Beach and General Electric Company. upon vote, the motion carried unanimously. REQUEST FOR RENEWAL OF MEMBERSHIP IN AMERICAN SHORE & BEACH ASSOCIATION Mr. Henry von Oesen, Vice-President of the American Shore & Beach Association, re- quested that the Commissioners consider renewing membership in that organization. NO action was taken. AUTHORIZATION FOR GRANT APPLICATION FOR PARKS AT ARROWHEAD AND TRASK SCHOOL County Manager Eller explained these grant applications and requested that the Commissioners adopt the Resolution authorizing the applications for federal grants for the acquisition of property adjacent to Arrowhead Subdivision for a park and for the development of the part at Trask School. 280 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1978 (CONTINUED), PARKS GRANT APPLICATIONS (CONTINUED) Comm'. Alper 'moved, seconded by Comm. Williams, to approve the Federal Grant Appli- cations for a park at Arrowhead and the develppment of the park at Trask School. Upon vote, the motion carried unanimously. TRANSFER OF FUNDS - LIBRARY CAPITAL PROJECT FUND Comm. Gottovi moved, seconded by Comm. Alper, the transfer of $475,000 from Building, Acct. #82 575 72, to Land, Acct. #82 575 71, in the Library Capital porject Fund for the purchase of the Belk-Beery property. Upon vote, the motion carried unanimously. o BUDGET TRANSFER - GOVERNING BODY Comm. Williams moved, seconded by Comm. Alper, approval of the transfer of $1,750 from General Fund Contingencies, Acct. #11 445 61, to Professional Services, Acct. #11 in the Governing Body budget to cover the cost of appraisals. Upon vote, the motion carried unanimously. 410 04, BUDGET TRANSFER - CETA Comm. Gottovi moved, seconded by Comm. Alper, to approve the transfer of $220 from Acct. #11 678 14, Travel, Meetings & Schools, to Acct. #11 678 21, Rent, in the CETA budget as there were not enough funds'budgeted in that account. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - PUBLIC ASSISTANCE County Manager Eller explained that when the budget was prepared, the allotment for Title XX funds was anticipated at $1,499,527, and the actual allocation would be $1,161,600; therefore, the budget needed to be amended accordingly. COmm. wright moved, seconded by Comm. Williams, approval. of the' following budget amend- ment in the Public Assistance Budget to adjust the funds to the actual amount that would be received: Revenues: (from State and Federal Title XX funds) Credit (reduce) - Acct. #41 350 10, AFOC Day Care - Acct. #41 350 11, Purchased Services - Acct. #41 350 12, Family Planning Expenditures: Debit (reduce) - Acct. #41 610 10, AFDC Day Care - Acct. #41 610 11, Purchased Services - Acct. #41 610 12, Family Planning Credit (Increase) - Acct. #41 609 61, Contingency - Title XX $239,525 94,602 3,800 o $261',599 108,119 4,000 $ 35,791 Upon vote, the motion carried unanimously. BUDGET AMENDMENT - LIBRARY Comm. Gottovi moved, seconded by Comm. Alper, approval of the following budget amend- ment in the Library budget to appropriate funds received for a Library Enrichment Grant: Revenue: Debit - Library Enrichment Grant, Acct. #11 349 41 $ 9,442 Expenditures: Credit - Travel, Meetings & Schools, Acct. #11 630 14 Supplies, Acct. #11 630 33 Books & Materials, Acct. #11 630 34 Capital Outlay - Equipment, Acct. #11 630 74 $ 92 150 7,275 1,925 Upon vote, the rootion carried unanimously.. o BUDGET TRANSFER ENGINEERING & INSPECTIONS Comm. Williams moved, seconded by Comm. Gottovi, approval of the transfer of $459 from Inspection Fees, Acct. #11 357 00, to Refunds, Acct. #11 540 60, to cover the re- fund of a building permit fee that was voided and reissued due to an incorrect estimate on the amount of construction. Upon vote, the motion carried unanimously. o o o 281 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1978 (CONTINUED) AWARD OF BID ON ELECTRONIC REMITTANCE CONTROL MACHINE' - REGISTER OF DEEDS The Commissioners had been furnished copies qf,the tabulation of bids received on the electronic remittance control machine for the Register of Deeds Office. Comm. Wright moved, seconded by comm. Williams, to award the bid to the low bidder, APC Control Systems, in the amount of $3,495, as recommended by the Registrar of 'Deeds and County Manager. Upon vote, the motion carried unanimously. A copy of the bid tabulation is contained in Exhibit Book VI, Page 30. BREAK Chm. O'Shields recessed the meeting for a break from 10:54 o'clock a. m. until 10:59 o'clock a. m. ADOPTION OF ORDINANCE PROHIBITING LOUD, DISTURBING AND UNNECESSARY NOISES IN NEW HANOVER COUNTY Comm. Wright moved, seconded by Comm. Gottovi, adoption of the, final revised version of "An Ordinance Prohibiting Loud, Disturbing and Unnecessary Noises in New Hanover Countyll. Upon vote, the motion carried unanimously. A copy of the Ordinance is contained in the Ordinance Book in the Clerk's Office. DISCUSSION ON STONEYBROOK SUBDIVISION APPROVAL Comm. Williams requested information on the approval ,of the plat for Stoneybrook Subdivision and was informed' that the matter was being handled through the Board of Health. REQUEST FOR COMMISSION ACTION ON ABC PERMIT Comm. Williams requested information on the Commission's autho~ity in regard to requesting revocation of beer permits. Attorney Taylor explained that this was handled through the State ,ABC Board. DISCUSSION ON CITY OF WILMINGTON'S APPEALING ,AWARD OF MANPOWER CONTRACTS Chm. O'Shields reported ,that he had talked with Mr. Jack Woods, the Governor's Advocate for'Local Governments, concerning the City'of Wilmington's appeal on the award of a manpower~contract to SENCland Community Action instead of the Wilmington Human Relations Department. He stated that this matter was going to be discussed at the NCACC Board of Directors' meeting in Raleigh. Comm. Gottovi questioned the certification of outside agencies operating within the County. County Manager Eller explained that certification was not necessary for this particular program since there were no County funds involved and the State had final approval as to the award of the contract. County Manager Eller also explained the status of the County's obtaining prime sponsorship for these programs. DELETION OF CETA VI POSITIONS County Manager Eller explained the list of positions that were to be deleted in the CETA VI Program and recommended the Commissioners approve this list. A copy of the list of positions is contained in Exhibit Book VI, Page 31. RE-ESTABLISHMENT OF PUBLIC HEALTH NURSING SUPERVISOR II POSITION Comm. Wright moved, seconded by Comm. Alper, to approve the re-establishment of the Public Health Nurse Supervisor II position in the Health Department as requested by Dr. Finger, subject to the approval of the Board of Health. Upon vote, the motion carried unanimously. AGREEMENT WITH SCHOOL BOARD FOR USE OF PROPERTY AT TRASK SCHOOL County manager Eller explained the proposed Lease Agreement with the School Board for use of the property at Trask School. He reported that in order to meet requirements for the grant application to make improvements on this property, the Lease Agreement was necessary. Comm. Alper moved, of Education for use of per year for 25 years. seconded by Comm. Williams, to approve the Lease with the Board the 7 acres adjacent to Trask School for the rental of $1.00 Upon vote, the motion carried unanimously. 282 MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1978 (CONTINUED) EFFECTIVE DATE SET FOR NOISE ORDINANCE Comm. Alper 'moved, seconded by Comm. Williams, to make November 1, ,1978, the ef~. fective date of the Ordinance Prohibiting. Loud, Disturbing and Unnecessary Noises in New Hanover County. Upon vote, the motion carried unanimously. PURCHASE OF AERONAUTICS, INC. BY AIR WILMINGTON Attorney Joseph O. Taylor explained ,that Air Wilmington, one of the fixed base operators at the Airport, was going to purchase Aeronautics, Inc., another fixed base operator. o Comm. Williams moved, seconded by Comm. Alper, to approve the Agreement to negotiate a new Lease with Air Wilmington. Upon vote, the motion carried unanimously. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Williams, that the meeting be recessed to Executive Session for land acquisition, personnel matters and committee appointments. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive Session ,at 11:49 o'clock a. m. Chm. O'Shields reconvened the meeting to Public Session at 12:16 o'clock p. m. APPOINTMENTS TO OFFENDER AID & RESTORATION BOARD OF DIRECTORS Comm. Gottovi move\l" seconded by Comm. Alper, that the following persons be appointed to the Offender Aid & Restoration Board of Directors: Mr. Meares Harriss Mr. Deother Melvin Chief Darryl Bruestle Mr. William Jessup Sheriff H. G. Grohman Mr. Woody Fullwood Mrs. Ellen Williams and that a slot be reserved for the new Sheriff and the 9th appointment be held until the first meeting in October. Upon vote, the motion carried unanimously. o APPOINTMENT OF CONVENER FOR METES & BOUNDS COMMITTEE Comm. Wright moved, seconded by Comm. Alper" to ask Mr. Paul Gregory to be the convener of the Metes and Bounds Committee. Upon vote, the motion carried unanimously. REPORT ON TREGEMBO VS ZONING BOARD OF ADJUSTMENT Attorney Taylor reported that the Zoning Board of Adjustment decision which was appealed to Superior Court had been tried and the Court upheld the decision of the Zoning Board of Adjustment. ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. ChID. O'Shields adjourned the meeting at 12:20 o'clock p. m. Respectfully submitted, ~~,- ~.~."..~:..~ ~~ Alyce B. Rusmisell Clerk to the Board o abr