1978-10-16 Regular Meeting
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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
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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:
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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
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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
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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.
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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.
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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.
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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.
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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.
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293
MINUTES OF REGULAR MEETING, OCTOBER 16, 1978 (CONTINUED)
CHANGE ORDER - NATIONAL WEATHER SERVICE BUILDING CONTRACT
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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.
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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
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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.
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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.