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1978-10-02 Regular Meeting o o o 283 MINUTES OF REGULAR MEETING, OCTOBER 2, 1978, ASSEMBLY The New Hanover COunty Board of ,Commissioners. met October 2, 1978, at'9:00 o'clock a. m. in the Assembly Administration Building, Wilmington, North Carolina. in Regular sessio~ on Monday, , Room, New Hanover County Members present were Commissioners Karen E. Gottovi, Ellen C. Williams, Vivian S. Wright, County'Manager Dan W. Eller; County Attorney James C. Fox, and Clerk to the Board, Alyce B. Rusmisell. ChID. O'Shields arrived at the meeting at 9:26 o'clock a. m. and was present for the rest of the meeting. Comm. Alper was absent. Comm. Wright called the rt,eeting to order and stated that Chm. O'Shields had been delayed by another meeting. Rev. ,E. M. Thompson of Grace united Methodist Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 18, 1978 Comm. Wright stated that on Page 278 under "Approval of Industrial Facilities & Pollution Control Financing Authority Bonds", the amount of the bonds'requested should have included an additional $1,000,000 in bonds to finance industrial facilities for the company. COmm. Williams moved, seconded by Comm. Gottovi, that the Minutes of the Regular Meeting of September 18, 1978, be approved as corrected. Upon.vote, the motion carried as follows: . Voting Aye: COmm. Gottovi, williams and Wright Absent: Comm. Alper and Chm. O'Shields BUDGET TRANSFER - MUSEUM Comm. Gottovi moved, seconded by Comm. Williams, approval of the transfer of $365 from Salaries & Wages, Acct. #11 625 02, to Insurance & Bonds, Acct. #11 625 54, in the Museum Budget to pay insurance premiums that were not budgeted. ,Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams and Wright Absent: Comm. Alper and Chm. O'Shields .BUDGET AMENDMENT - CETA II Comm. Williams moved, seconded by Comm. Gottovi, approval of the following budget transfer in the CETA II budget to cover an overdraft of $193.29. Debit - Acct. #11 673 54, Insurance & Bonds - Acct. #11 673 74, Capital Outlay $ 138 116 Credit - Acct. #11 673 14, Travel, Meetings & Schools $ 254 Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams and Wright Absent: Comm. Alper and Chm. O'Shields BUDGET AMENDMENT - CETA VI HIGHWAY BEAUTIFICATION PROGRAM Comm. Gottovi moved, seconded by Comm. williams, approval of amendment in the CETA VI Highway Beautification Program to adjust the program to the actual amounts: the following budget the expenditures for Debit - Acct. #11 350 31, CETA VI, Special Projects $ 16,789.91 Credit - Acct. #11 679 02, _Salaries & Wages - Acct. #11 679 05, FICA $ 15,827.82 962.09 Upon vote, the motion carried as follows: Voting Aye: comm. Gottovi, Williams ,and Wright Absent: Comm. Alper and Chm. O'Shields 284 MINUTES OF REGULAR MEETING, OCTOBER 2, 1978 (CONTINUED) BUDGET AMENDMENT - OFFENDER AID & RESTORATION COmm. Williams moved, seconded by Comm. Gottovi, approval of'the following budget amendment to provide payment to the OAR, Program: Debit - Acct. #11 511 02, Salaries & Wages $ 20,778 - Acct. #11 511 05, FICA 1,267 - Acct. #11 511 06, Group In~urance 581 - Acct. #11 511 07, Retirement 1,536 - Acct. #11 511 10, Auto Allowance 1,170 0 - Acct. #11 511 11, Telephone & Postage 1,400 - Acct. #11 511 12, Printing 800 - Acct. #11 511 14, Travel, Meetings & Schools 900 - Acct. #11 511 16, M & R - Equipment 200 - Acct. #11 511 32, Copying & Duplicating 700 - Acct. #11 511 33, Supplies & Materials 1,400 Credit - Acct. #11 660 93, COntributions to Other Agencies $ 30,732 Upon vote, the motion carried as follows: Voting Aye: COmm. Gottovi, Williams and Wright Absent: Comm. Alper and Chm. O'Shields BUDGET TRANSFER - HOSPITAL EXPANSION Comm. Williams moved, seconded by Comm. Gottovi, approval of.the following budget amendment in the Hospital Expansion Program to disburse payment to the Hospital for their $400,000 Certificate of Deposit: Debit - Acct. #78, 329 00, Interest Credit - Acct. #78 575 91, Payment to Hospital $ 7,391.22 $ 7,391.22 Upon vote, the motion carried as follows: o Voting Aye: Comm. Gottovi, Williams and Wright Absent: Comm. Alper and Chm. O'Shields BREAK Comm. Wright recessed the meeting from 9:09 o'clock a. m. until 9:26 o'clock a. m. to await the arrival of Chm. O'Shields. RETIREMENT PRESENTATION Chm. O'Shields presented a plaque to Mrs. Delores M. Farrow in appreciation for her 17 years of service in the New Hanover County Register of Deeds Office. DISCUSSION ON PROPOSED AMBULANCE ORDINANCE County Manager Eller explained some suggested changes in the proposed Ambulance Ordinance that were discussed at a meeting held with representatives, of the emergency service providers and other interested persons. Mr. Jerry Ramsey of the COuncil of Governments staff explained the proposed district 1 ines . Sheriff H. G. Grohman commented on the equipment necessary for a Central Dispatch System. Chief Wolfe of the Wilmington Fire Department commented. o Comm. Williams moved, that no boundary lines be drawn except what' could be worked out between the people involved. The motion died for lack of a second. The following persons offered comments: Mr. Hilton Jones of the New Hanover Volunteer Rescue Squad Mr. Jeff Tripp of Ogden Volunteer Rescue Squad Mrs. Sybil Walker of New Hanover Volunteer Rescue Squad' Comm. Gottovi moved, seconded by and advertise it for adoption by the central dispatch could be arranged. Comm. Williams, to compile the Ordinance as amended Board with the effective date left open until the Upon vote, the motion carried as follows: Votirt'g Aye: Absent: Comm. Gottovi, Williams, Wright and Chm. O'Shields Comm. Alper o o o 285 MINUTES OF REGULAR MEETING, OCTOBER 2, 1978 (CONTINUED) BREAK Chm. O'Shields 10:25 o'clock a. m. recessed the meeting for a break from 10:10 o'clock a. m. until ~ PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, October 2, 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 APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED NORTH OF MASON DRIVE AND ADJACENT TO PAGES CREEK FOR A MARINA IN AN R-20 (RESIDENTIAL) DISTRICT: Mr. Charles Lilley, Senior Planner, reported that the Planning Commission had con- sidered this request at the meeting on September 6, and both the Planning Commission and Planning staff recommended approval. Chm. O'Shields asked if there was ,anyone present to speak,in favor of this applica- tion, and Mr. Chester Canady, the petitioner, appeared to request approval. ChID. O'Shields asked if there was anyone present to speak in opposition and no one appeared. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a ' public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the ,plan of development for New Hanover County, Comm. Gottovi moved, seconded by Comm: Williams; that this Special Use Permit be issued based on the same conditions as recommended by the Plan- ning Commission. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE COUNTY ZONING ORDINANCE REMOVING CERTAIN USES AS EXISTING PERMITTED USES AND PLACING THEM AS USES REQUIRING A SPECIAL USE PERMIT IN THE B-1 AND B-2 (BUSINESS) DISTRICTS. Mr. Charles Lilley, Senior Planner, presented the Commissioners with an Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover County, North Carolina, Adopted October 6,,1969, and reported that the Planning commission had con- sidered this ordinance at the meeting on September 6, and both the Planning Commission and Planning Staff recommended approval. ' The Commissioners discussed with Planning Director Richard Fender that it was their intention when requesting review of the uses in the B-1 and B-2 Zoning Districts that the uses in the 0 & I ZOning Districts also be reviewed. Comm. Williams moved, seconded by Comm. Gottovi, that consideration of the proposed Ordinance be continued to the second meeting in October to give the Board time to review the amendments. Upon vote, the motion carried as follows: Voting Aye: COmm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper FINAL PLAT APPROVAL ~ ARROWHEAD SUBDIVISION, SECTION'9 Mr. Harry Oakes of the Planning Department reported that the Planning Commission Subdivision Review COmmittee had granted a'pproval of this plat on September 25, 1978. Mr. Oakes read the statement attached to the plat at the request of the Health Department. Comm. Wright moved, seconded' by Comm.' Williams, approval of the final plat of Arrowhead Subdivision, Section 9. upon vote, the motion' carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper ~ 286 MINUTES OF REGULAR MEETING, OCTOBER 2, 1978 (CONTINUED) DISCUSSION OF PROPOSED VICTIMS PROGRAM UNDER CONSIDERATION BY OAR Mr. DeOther Melvin, Chairman of the Offender Aid & Restoration Board of Directors, and Sheriff H. G. Grohman appeared before the Board to explain the proposed application for funding by LEAA for a program, to be operated by OAR, which would aid victims of crimes. No action was taken since the program was to be operated by OAR, and it was felt the decision to apply for these funds should be left up to the OAR Board of Directors. RECLASSIFICATIONS IN SOCIAL SERVICES DEPARTMENT 0 Mr. Wayne'Morris, Director of Social Services, appeared before the Board to request that 3 Social Worker II positions be reclassified to permit the hiring of a Training Officer and a Training & Development Specialist I. Mr. Morris explained the need for a training program in the DSS and furnished the Commissioners with material to justify the request. Comm. Williams moved, seconded by Comm. Wright, to reclassify 3 vacant Social Worker II positions (pay grade 66) to permit the hiring'of a Training Officer (pay grade 71) and a Training & Development Specialist I (pay grade 68). Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper SALE OF CITY/COUNTY-OWNED PROPERTY The commissioners had been furnished copies of a list of bids received on City/ County-owned property and were requested to approve the sales as recommended. Comm. Wright moved, seconded by Comm. Gottovi, to approve the list with the ex- ception of the following six parcels which should be readvertised: Love & Swann Streets Swann Street 1006 Campbell Street 720 Orange Street 617 S. 7th Street Queen:_Btreet (Corner 10th) o Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper A copy of the list of property is contained in Exhibit Book VI, Page 32. KURE BEACH - FORT FISHER WASTEWATER INTERCEPTOR County Manager Eller explained the Resolution the Commissioners were requested to adopt agreeing to the construction of the Kure Beach-Fort 'Fisher Wastewater Interceptor by the Town of Kure Beach and the processing of grant or loan assistance applications for the construction. Comm. williams moved, seconded by Comm. Gottovi, adoption of the following Resolution Accepting and Agreeing to the Construction of the Kure Beach-Fort Fisher'Wastewater Inter- ceptor by the Town of Kure Beach, N. C.: WHEREAS, New Hanover County'has heretofore participated in the 201 Facility Plan, as required under Public Law 92-500, for the Carolina Beach-Kure Beach- Fort Fisher area in New Hanover County and WHEREAS, the 201 Facilities Plan has been completed and approved by New Hanover County and the responsible State and Federal agencies involved; o NOW, THEREFORE, BE IT RESOLVED THAT: The County Commission of New Hanover County does hereby accept and agree to the construction of said Kure Beach-Fort Fisher Wastewater Intercepter,and the processing of applications to the N. C. Division of Environmental Management and the Environmental Protection Agency and other State or Federal agencies as may be required for'grant or loan assistance to'provide funds for the engineering design and construction, Steps 2 and 3, Section 35.920, by the Town of Kure Beach, N. C., as,:required by Public Law 92-500, and in conformity with Section 35.930 of the Rules and Regulations Governing Construction Grants for Waste Treatment Works. AdOPted this 2nd day of October, 1978, at Wilmington, N. C. o o o 287 :", ' MINUTES OF REGULAR MEETING, OCTOBER 2, 1978 (CONTINUED) KURE BEACH-FORT FISHER WASTEWATER INTERCEPTOR (CONTINUED) Upon vote, the ,Resolution was adopted as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper ACCEPTANCE OF PROPOSALS FOR SOILS AND CONSTRUCTION TESTING AT AIRPORT County Manager Eller reported that the Engineers had received three proposals for performing soils and construction testing on the General Aviation ' Apron Project and they recommended accepting the proposal of Soil & Materials Engineers. Mr. Eller stated that he had requested that future proposals contain a maximum estimated' figure. Comm. Williams moved, seconded by Chm. o 'Shields, to accept the proposal from Soil & Materials Engineers. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and ChID. O'Shields Absent: Comm. Alper A copy of the proposals are on file in the Airport Manager's' Office. CAMA PLANNING GRANT APPLICATION FOR SNOW'S CUT PARK County Manager Eller explained that there were CAMA funds available for parks planning along waterways and in areas of environmental concern and requested that the Commissioners authorize the preparation of a grant application for funds to plan a park at Snow's Cut. ' Comm. williams moved, seconded by Comm. Gottovi, to appro've the application for CAMA funds to plan a park at Snow',s Cut and also for planning the development of the north end of Masonboro Island. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, williams, Wright 'and Chm'. O'Shields Absent: Comm. Alper DEMONSTRATION GRANT FOR LAND RECORDS SYSTEM COunty Manager Eller explained that the N. C. Department of Administration had received a grant from the U. S. Department of Housing and Urban Development for a demonstration project'to develop a computerized land record system. He stated that New Hanover County was one of 12 to 15 counties in North Carolina under consideration and recommended that the Commissioners request the State to give favorable consideration to using the County's land records for this demonstration project. Comm'. Gottovi moved, seconded by Comm. Williams, to request the state to give favorable consideration to using New ~anover County's land records for this project. Upon vote, the motion carried as follows: Voting Aye: COmm. Gottovi, Williams, Wright 'and Chm. O'Shields Absent: Comm. Alper INSPECTIONS TOUR OF VOLUNTEER FIRE DEPARTMENTS The Commissioners had been requested to set a date for an inspection tour of the volunteer fire department in the County. Mr. Tom Herring of the Fire Inspections Com- mittee had notified the Board that the week of October 8 ~ 14 was Fire prevention Week and many of the departments would be open to the public. Conm. Wright stated that she would visit the South Wilmington, Myrtle Grove and Federal Point Volunteer Fire Departments. Chm. O'Shields agreed to visit the Castle Hayne, Wrightsboro,and Ogden Volunteer Fire Departments. Comm. Gottovi agreed to visit the Seagate and Winter Park Volunteer Fire Departments. DISCUSSION ON COMMUNITY BUILDING IN MYRTLE GROVE Comm. Gottovi requested information cjn the problems with a building permit for renovation of a building in the Myrtle Grove Area to be used as a Community Building. Mr. Steve:'Stevens, the Director of Parks & Recreation, stated that he was aware cif the problems and was trying to get some assistance for these people in building their community building. 288 MINUTES OF REGULAR MEETING, OCTOBER,2, 1978 (CONTINUED) CETA BUDGET AMENDMENTS Finance Officer Felix Cooper appeared before the Board and reported that since the CETA Legislation had not been enacted by Congress yet, there may be some budget amend- ments presented for approval at the next meeting after they had already been made. ADAP-04 BUDGET AMENDMENT Comm. Williams moved, seconded by Comm. Gottovi, to approve the following budget amendment in the ADAP-04 project at the Airport to cover construction testing costs: Debit - Acct. #83 575 52, Preliminary Survey - Acct. #83 575 76, Contingency $ 2,950 1,635 Credit - Acct. #83'575 56, Construction Testing $ 4,585 o Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper APPOINTMENT OF COMMITTEE TO STUDY THE NEED FOR A DETOXIFICATION CENTER Chm. O'Shields moved, seconded by Comm. Williams, to accept the recommendation in Mr. John Webb's letter and appoint the following people to a committee to study alterna- tives to incarceration of alcoholics, along with one member of the Mental Health JSsociation and a member of Alcoholics Anonymous to be appointed by the Commission at a later date: Mr. William Morrison, New Hanover Memorial Hospital Capt. Kitts McQueen, Chief Jailer Judge Gilbert Burnett Mr. Jack Toohey, Alcoholism Counselor, SEMHC Mr. Mel Martin, Area Director, SEMHC Mr. Jim Coates, Magistrate Mr. Darryl Bruestle, Wilmington Police Chief Mr. Cliff Duke, Police Department Legal Advisor Dr. Rolf Fisscher, Psychiatrist Dr. Charles Graham, Retired Physician Upon vote, the motion carried as follows: o Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O'Shields Absent: Comm. Alper EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. Williams, that the meeting be recessed to Executive Session for personnel matters and possible litigation. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and Chm. O~Shields Absent: Comm. Alper ChID. O'Shields recessed the meeting to Executive Session atc12:07 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:12 o'clock p. m. COMM; WRIGHT LEFT THE MEETING AT 12:12 O'CLOCK P. M. ,AND WAS .ABSENT FOR THE REST OF THE MEETING. DISCUSSION ON OPEN MEETINGS LAW 0 County Manager Eller reported on revisions in the open meetings law which required all Boards and Committees appointed by the Commission ,to file with the Clerk a schedule of their regular,meetings. It was agreed that Mr. Eller would confer with County Attorney Fox to determine which committees . were covered by this law and notify them to file schedules of their meetings with the Clerk. o o o I' 289 MINUTES OF REGULAR MEETING, OCTOBER 2, 1978 (CONTINUED) ADJOURNMENT Comm. Gottovi moved, seconded by Chm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried as follows: ,I Voting Aye: Comm. Gottovi, Williams and Chm: O'Shields Absent: Comm. Alper and Wright Chm. O'Shields adjourned the meeting at 12:15 o'clock p. m. Respectfully submitted, , t9/~< Alyce B. Clerk to ,d. ,;:::?~. ClOt "~"I' .tL Rusnli se 11 the Board abr MINUTES OF REGULAR MEETING,OCTOBER 16, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 16, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administratio~ Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper, Karen E. Gottovi, Ellen C. Williams; Vivian S. wright; County Manager Dan W. Eller; County, Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. (See Page 294 for correction) Chm. O'Shields called the meeting to order. APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 2, 1978 Comm, Alper requested permission to abstain from voting on approval of the Minutes as he was not present at the meeting. Comm. Williams moved, seconded by Comm. Gottovi, to approve the Minutes of the Regular Meeting of October 2, 1978, as presented. Upon vote, the motion carried as follows: Voting Aye: Comm. Gottovi, Williams, Wright and ChID. O'Shields Abstaining: Comm. Alper PUBLIC HEARING AND ADOPTION OF AMBULANCE ORDINANCE Notice had been published that the New Hanover County Board of Commissioners would hold a public hearing on Monday, October 16, 1978, at 9:00 O'Clock a. m. in the Assembly Room, New Hanover County Administration Building to consider the adoption of an ordinance entitled "New Hanover County Ambulance Ordinance." This ordinance had been discussed at the meeting of October 2, but was continued until this meeting in order for it to be properly advertised. Chm. O'Shields asked if there was anyone present to coinment and no one appeared. Comm. Alper moved, seconded by Comm. Gottovi, to adopt the latest revision of the ordinance entitled IINew Hanover County Ambulance Ordirtance" to become effective on January 16, 1979. Upon vote, the motion carried unanimously. A copy of the ordinance is contained in Exhibit Book VI, Page 33,and in the Ordinance Book in the Clerk's Office. FINAL PLAT APPROVAL - STONEYBROOK SUBDIVISION, SECTION 1 Mr. Harry Oakes of the Planning Department reported that the Planning Commission Subdivision Review Committee had granted approval ,of Stoneybrook Subdivision, Section 1, at its meeting on Septeinber 25, 1978. He!gave the background on',this caSe from the time it was first submitted until the Pl~ing Commission granted approval of the plat. Mr. Oakes answered questions from the Coinmissioners on this plat approval. Chm. O'Shields asked if there was anyone present to offer comments, and the fol- lowing persons appeared: