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1978-10-16 Regular Meeting 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: 290 MINUTES OF REGULAR MEETING, OCTOBER 16, 1978 STONEYBROOK SUBDIVISION (CONTINUED) Mr. Richard Morgan, Attorney representing the developer, commented and read a letter from the Soil Conservation Service concerning the erosion control plan. Mr. A. L. Butler, Attorney, speaking for Mrs. Leslie Merrill, the Trust Department of Wachovia Bank and the Clean Water Association of North Carolina who opposed this plat approval. County Attorney Fox commented. Mr. Peter Davis, the'developer, commented o ChID. O'Shields moved that this Board's interpretation of maintenance of the ditches and things as required under the Sedimentation & Erosion Control Ordinance did not bind the developer to a lifetime maintenance of those things. After discussion, Chm. O'Shields withdrew his motion. Attorney Butler offered further comments. Mr. Jack Stocks, the surveyor of the subdivision, commented. BREAK Chm. O'Shields recessed the meeting for a break from 10:50 o'clock a. m. until 11:12 o.clock aa me FINAL, PLAT APPROVAL - STONEYBROOK SUBDIVISION (CONTINUED) Attorneys Morgan and Butler continued their comments. The County Engineer offered comments. The following persons also offered comments: Mrs. A. J. Smith Mr. Peter Davis, the developer Mrs. W. C. Mebane Mr. J. R. Edwards o Comm. Gottovi stated for the record that she was not at all satisfied with the County's Subdivision Regulations, but they were under consideration for revision; that she was not satisfied with the Board of Health's role in determining the suitability of land for sub- divisions and she hoped that the County would continue to work on that; that after all that she had listened to this morning and all that was discussed this morning, she thought she was to the place where she could see that these 25 lots of this particular subdivision had complied with the existing procedure and rules. She stated further that it was ,,'very difficult position to be in; that she sympathized'completely with the neighbors; that she understood their concerns about the density of development on this land and that she could only hope that the Health Department would monitor this development continuously to make sure that there was no contamination to adjacent property. Comm. Alper moved to approve the ,final plat of Stoneybrook Subdivision, Section 1. Comm. Wright seconded the motion and stated that she felt the Health Department had had some unfair criticism in a number of respects because that department ,was concerned with public health and that she did not believe a board could be found anywhere tha~ would be any more concerned than the people who sat on that Board. Upon vote, the motion for approval carried unanimously. LUNCH BREAK ANNOUNCED ChID. O'Shields announced that the Board would take a lunch break after the next item, 0 from approximately 12:15 o'clock until 1:00 o'clock and that ,persons who so desired could leave and come back at that time. CLEAN COMMUNITY SYSTEM Mr. W. W. Fountain and County Engineer Robert M. Williams, Jr. gave a slide presenta- tion and a report on the progress of the Clean Community System Program. Mr. Fountain reported that, at some time in the future, he would be asking this Board to 'appoint a permanent committee to operate the program with a full-time executive coordinator. . LUNCH BREAK Comm. Alper moved, seconded by Comm. Wright, that the meeting be recessed for lunch. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting for lunch from 12:20 o'clock p. m. until 1:05 o'clock p. m. o o o 291 MINUTES OF REGULAR MEETING, OCTOBER 16, 1978' (CONTINUED) DISCUSSION ON LITTER PROBLEM IN THE COUNTY Sheriff H.'G. Grohman and ,Deputy L. A. Manning addressed' the Board with regard to the litter problem' in' the County and presented photographs of various' areas which were being used for dumping trash. Mrs. Jean Fountain commended Deputy Manning for his efforts in locating persons guilty of littering. COMMUNITY DEVELOPMENT ILOCK GRANT FUNDS Mr. Doyle Claywell and Mr. Lawrence Barrow, representatives from the HUD office in Greensboro, were present to provide information on Community Development Block Grant funds. They answered questions and explained the ways New Hanover County could become involved in applying for these funds. AMENDMENTS TO B-1 AND B-2 ZONING DISTRICTS Adoption of this ordinance had been continued from the meeting of October 2, in order for the Commissioners to have time to review the amendments. Mr. Charles Lilley, Sr. Planner, appeared before the Board to explain these amend- ments and answer questions. Comm. Gottovi moved, seconded byComm. Alper, to approve the amendments to the B-1 and B-2 zoning districts and adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New,Hanover County, North Carolina, Adopted October 6, 1969". Chm. O'Shields asked if there was 'anyone present to speak in ,favor of or in opposi- tion and 'no one appeared in this regard. upon vote, the motion for approval carried unanimously. A copy of the Ordinance as adopted and signed is contained ,in Exhibit Book VI, Page 34. APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH SEPTEMBER 30, 1978 Comm. Wright moved, seconded by Comm. Gottovi, approval of the ~eport of the Col- lector of Revenue through September 30, 1978. Upon vote, the motion carried unanimously. A copy of the Report is cOI!.tained in Exhibit Book vI', Page 35. APPROVAL OF TAX ABATEMENTS AND REFUNDS The Commissioners had been furnished a list of Tax Abatements and Refunds for approval. Comm. Alper moved, secorided by Comm. Williams" to rescind the penalty for C.Itoh & Co. (America), Inc. Upon vote, the motion carried unanimously. County Attorney Fox commented on the requests for release of listing penalty. Comm. Alper moved to rescind the penalties on anything postmarked February 1 and February 3, 1978. Comm. Alper amended his motion, seconded by Comm. Gottovi, to approve the Abatements and Refunds through Item 18 on Page 5. Upon vote, the'motion carried unanimously. Comm. Williams moved not to release the penalties on Items 21 - 26. After discussion, Comm. williams withdrew her motion. Comm. Alper moved to rescind listing penalties against all but Carolina Power & Light Company (Albert D. Ross - Item #24) .. Comm. Alper amended his motion, seconded by Comm. Gottovi, to,maintain the listing penalty against C. P. & L. (Item'#24) and ito release' the others. After discussion, COmm. Alper withdrew his motion. Comm. Gottovi moved, seconded by Corom. Alper, to release all the listing penalties as requested. Upon vote, the motion carried unanimously. A ,copy of the list is contained in Exhibit Book VI, Page 36. 292 MINUTES OF REGULAR MEETING, OCTOBER 16, 1978 (CONTINUED) RESOLUTION - STATE LICENSING AND REGULATORY BOARDS The Commissioners had been requested by the Northampton County Board of Commis- sioners to adopt a resolution opposing the abolition of the North CarolinaBoard'of Registration for Engineers and Land Surveyors which was being studied by the Govern- mental Evaluation Committee. Comm. Wright moved, seconded by Comm. Alper, to take no action on this request. Upon vote, the motion carried unanimously. CONTRACT WITH DIVISION OF HEALTH SERVICES Comm. Gottovi moved, seconded by Comm. Wright-, to approve the annual contract with 0 the Department of Human Resources Division of Health Services for administration of Health Aid-to-Counties grant funds for the fiscal year beginning July 1, 1978. Upon vote, the motion carried unanimously. CHANGE ORDER #1 AND BUDGET AMENDMENT - AIRPORT WATER & SEWER PROJECT Comm. Gottovi moved, seconded by Comm. Alper, approval of Change Order #1 and the following budget amendment in the Airport Water & Sewer Project: Debit - Acct. #80 575 76, Contingencies $ 1,321.50 Credit - Acct. #80 575 73, Construction - Labor Acct. #80 575 74, Construction - Non-Labor $ 211. 43 1,110.07 Upon vote, the motion carried unanimously. BUDGET AMENDMENT - FAMILY PLANNING GRANT Comm. Gottovi moved, seconded by Comm. Alper, to approve the following budget.., amendment to reflect the addendum to the Family Planning Grant: Revenue: Debit - Acct. #44 368 10, Family Planning $30,000. Expenditures: Credit - Acct. #44 592 02, Salaries & Wages Acct. #44 592 05, FICA Acct. #44 592 06, Group Insurance Acct. #44 592 07, Retirement Acct. #44 592 33, Supplies & Materials $19,051. 1,163. 552. 1,412. 7,822. o Upon 'vote, the motion carried unanimously. REQUEST TO WRITE STATE OFFICIALS CONCERNING PROCEDURES IN OBTAINING GRANT FUNDS FOR HEALTH DEPARTMENT Comm. Wright stated that when the Board of Health approved the Family Planning Grant, they also included in the motion that a letter would be written to the proper ,State officials expressing their strong displeasure 'with the procedure they had to deal with on this issue. The Board of Health had to go through an outside agency (Region "0" Family Resources) to get these State funds and they felt it was not right for a State Agency to go through a private outside agency to obtain State funds when that agency had nothing to do with the work that would 'be done,- Comm. Wright moved, seconded by Comm. Williams, that the Board of commissioners write the proper State officials and concur with the Board of Health's feelings on this matter. upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Williams, Wright and Chm. O'Shields Voting Noe: Comm. Gottovi BUDGET AMENDMENT - ENGINEERING Comm. Alper moved, seconded by Comm. williams, to approve the transfer of $1,600 from Contingencies, Acct. #11 445 61, to Automotive Supplies, Acct. #11 540 31, in the Engineering budget to purchase gas, tires and oil for the 2~-ton truck used by the High- way Clean-up crew. Upon vote, the motion carried unanimously. o AWARD OF BID FOR MOWER AT AIRPORT The Commissioners had been furnished copies of the tabulation of bids received for a front-cutting industrial mower for the Airport. Comm. Williams moved, seconded by Comm. Alper, to award the bid to the low bidder, Porter Brothers, in the amount of $2,939.75, as recommended by 'the Airport Manager and County Manager. Upon vote, the motion carried unanimously. A copy of the bid tabulation -cis contained in Exhibit Book VI, Page 37. o o o 293 MINUTES OF REGULAR MEETING, OCTOBER 16, 1978 (CONTINUED) CHANGE ORDER - NATIONAL WEATHER SERVICE BUILDING CONTRACT , COmm. Alper' moved, seconded by Comm. Williams,..approval of Change Order #1 to the contract for the National Weather Service Building which would provide for liquidated damages to be charged at $50.00 per day after March 16, 1979. upon'vote, the motion carried unanimously. PERSONNEL POLICY AMENDMENTS Comm. Wright stated that she felt some changes should be made in the Personnel Policy concerning political activities and moved approval of the following amendments: Article VI, Section 3 (1) add (In addition to normal work, the words "on duty" shall be understood to include attendance or participation in functions where political candi- dates or parties are endorsed if County funds are used for expense of traveling or membership in such organizations.) (5) add "or funds" between the words "equipment" and lIof". Comm. williams seconded the motion and upon vote, the motion carried unanimously. REQUEST FOR MEETING WITH VARIOUS AGENCY BOARDS Comm. Gottovi suggested that the Commissioners consider meeting with various agency Boards and Committees in order to be updated on what was happening in each particular agency. It was agreed'by common consent to schedule meetings with these committees at the second Commission meeting of the month. RESOLUTION OF ENDORSEMENT - SEDC The Commissioners had been furnished copies of a Resolution endorsing the South- eastern Economic Development Commission and were requested to adopt this Resolution. Chm. O'Shields moved, seconded by Comm. Alper, to adopt the following Resolution endorsing the Southeastern Economic Development Commission: WHEREAS, the Southeastern Economic Development Commission was formed by the intergovernmental cooperation of its constituent counties to serve the economic development interests of these c9unties as a regional economic development district, and; WHEREAS, since its creation in 1968 it has carried out economic develop- ment and public works pursuits within this designated,development district in cooperation with the .individual member counties, cities and private businesses as directed by its Board of Directors, and; WHEREAS, the county of New Hanover has'benefited from the economic de- velopment planning, project development and other assistance from the staff and Board Members of the Southeastern Economic Development Commission; NOW, THEREFORE, BE IT RESOLVED that the Commission Members of New Hanover County do hereby endorse the organizational concept of the Southeastern Economic Development Commission and encourage the,Southeastern Economic Development Commission to continue to carry out economic development and public works activities as directed on behalf of and in cooperation with New Hanover County to assure future growth and development of New Hanover County. Signed this 16th day of October, 1978. ,sf Claud 0' Shields, Jr. Chairman Upon vote, the motion carried unanimously. BUDGET TRANSFER - LIBRARY'CONSTRUCTION Comm. Williams moved, seconded by Comm. wright, approval of the transfer of $5,363 from Building, Acct. #82 575 72, to Land, Acct. #82 575 71, in the Library Capital Project fund to pay the County Attorney's fee for examining the title to the Belk Beery property. Upon vote, the motion carried unanimously. 294 .,;(~r MINUTES OF REGULAR MEETING, OCTOBER 16, 1978 ,(CONTINUED) BUDGET TRANSFER FOR PURCHASE OF NOISE MONITORING EQU~PMENT .Comm; Wright moved, seconded by Comm. Williams, approval of transferring the sum, of $1,066 from Contingencies, Acct. #11 445 61, and appropriating $806 to Equipment, Acct. #11 510 74, and $260 to Travel, Meetings & Schools, Acct. #11 510 14, in the Sheriff's budget to purchase a sound monitoring device to be used to enforce the Noise Control Ordinance and to send a deputy for training in the operation of the equipment. Upon vote, the motion carried unanimously. . EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. Williams, that the meeting be recessed 0 to Executive Session to discuss committee appointments and land acquisition. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive Session at 3:10 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 4:05 o'clock p. m. APPOIN'IMENT TO LIBRARY ADVISORY BOARD COmm. Gottovi moved, seconded by Comm. Alper, the appointment of Mrs. Louise Smith to the Library, Advisory Board to fill an unexpired term until August 31, 1979. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Gottovi moved, seconded by COmm. Williams, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 4:05 o'clock p. m. . Respectfully submitted, ~;4. k-,~....w~{..u- Alyce B. Rusmisell Clerk to the Board o abr MINUTES OF REGULAR MEETING, NOVEMBER 6, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 6, 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. Rev. Robert Jernigan of Immanuel Baptist Church offered..the invocation. APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 16, 1978 Comm. wright pointed out that in the "Assembly" section of the Minutes, Chm. O'Shields was not listed as being present. Comm. Gottovi moved, seconded by Comm. Williams, to approve the Minutes of the Regular Meeting of october 16, 1978, as amended with Chm. O'Shields being shown present. Upon vote, the motion carried unanimously. o APPROVAL OF MINUTES OF BUDGET HEARINGS FOR FISCAL YEAR 1978/79 Comm. Wright pointed out that on Page 3 of the meeting of June 12, 1978, the second paragraph under "Discussion on Department of Social Services Budget", the date should be' changed to 79 instead of 89. Comm. Wright also stated that in the meeting of June 15, 1978, under "Agri- cultural Extension Budget", she had made a motion approving a $2500 Travel Item for the Chairman to display the Tree Program at the NACo Convention and that her motion had been left out of the minutes.