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1979-02-19 Regular Meeting 356 ..s s- r,; MINUTES OF SPECIAL MEETING, FEBRUARY 13, 1979 (CONTINUED) PRESENTATION OF REPORT '(CONTINUED) Chm. Williams stated that, 'on behalf of the Commissioners, the report would be accepted and action taken at a later time. Councilman Roper suggested that the members be given an opportunity to study the report and after that a public hearing be set at night to discuss the report. It was agreed to study the report for 30 days and then set a date for a public hearing. ADJOURNMENT Mayor Halterman declared the meeting adjourned at 8:15 o'clock a. m. o Respectfully submitted, ~~(_ ~.If"4_..'..~d Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, 'FEBRUARY 19, 1979 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 19, 1979, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Claud Q'Shields, Jr.; Vivian S. Wright; Chairman Ellen C. Williams; County Manager Dan W. Eller; County,' Attorney James C. Fox; 'and Clerk to the Board, Alyce B. Rusmisell. Comm. Karen E. Gottovi was absent. Chm. Williams called the meeting to order. o Rev. Calvin Trueblood of Winter Park Pentecostal Holiness Church offered the invocation. APPROVAL OF ,MINUTES: REGULAR MEETING, FEBRUARY 5, 1979, AND SPECIAL MEETING, FEBRUARY 13, 1979 Comm. O'Shields moved, seconded by Comm. Wright, to approve "the Minutes of the Regular Meeting of February 5, 1979, and the Special Meeting of February 13, 1979, as presented. upOn vote, the motion carried as follows: Voting Aye: Comm. Armistead, O'Shields, Wright and Chm. Williams Absent: Comm. qottovi PUBLIC HEARING - SECONDARY ROAD CONSTRUCTION Notice had been given that the Division of Highways of the Department of Transportation would hold a public hearing with the New Hanover County Commissioners and other interested County residents in regard to expenditure of secondary road construction and bond funds for improvements of secondary roads in New Hanover County. Mr. Garland B. Ga=ett, Jr., member of the Board of Transportation, Mr. J. R. Robinson, District Engineer, and Mr. Ted Funderburk, Division Engineer, of the Department of Trans- portation, appeared before the Board and presented a list of priorities for secondary road construction. Mr. Garrett reported that New Hanover County had been allocated $43,344. - o Mr. John Maye of Dixon Acres appeared to request maintenance of roads in his area. Mr. Garrett brought the Board up to date on the status of the Sidberry Road. Comm. O'Shields moved, seconded by Comm. Armistead, to accept the secondary road construction money and the small pittance which this County received and accept the recommendation of Mr. Garrett and the engineers in using $15,000 to purchase additional asphalt material to widen the Greenville Loop Road and placement of the asphalt, to use $26,000 for base and paving of Oakley Circle from the end of present pavement to SR-1329, the remaining $2,344 be used to COver overruns and requests for paving of fire department driveways, etc., and to request that Mr. Garrett use his influence and personal savoir faire with the rest of the commissioners across the State to try and get a new allocation formula. Upon vote, the motion carried as follows: Voting Aye: Comm. Armistead, O'Shields, Wright and Chm. Williams Absent: Comm. Gottovi o o o 357 MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS - PRIVATE STREETS The Commissioners had tabled consideration of proposed amendments to the SUbdivision Regulations pertaining to private streets from the meeting of February 5, to give the Commissioners time to review the proposals. The following persons commented on the proposals: Comm. Williams County Attorney James Fox Mr. Charles Lilley of the Planning Department Mr. Bill Farris, Planning Director Mr. Harry Oakes of the Planning Department Mr. Howard Loughlin, surveyor County Engineer RobertM. Williams, Jr. Comm. O'Shields Comm. Armistead moved, seconded by Comm. O'Shields, to adopt Plan "A" which was the Staff's recommendation. Comm. Wright made a substitute motion, seconded by Comm. Williams, to adopt Plan "B". Comm. Armistead moved, seconded by Comm. O'Shields, to table consideration until the next meeting. Upon vote, the motion carried as follows: Voting Aye: Comm. Armistead, 0' Shields, Wright and Chm. Williams Absent: Comm. Gottovi AMENDMENT TO SCHOOL PENSION LAW This item was tabled from the meeting of February 5 for a representative from the Board of education to further explain the request. Mr. William Hill, Attorney for the Board of Education, appeared before the Board to explain the requested change in the Public Local Laws relating to pensions for school teachers in New Hanover. County. Comm. O'Shields moved, seconded by Comm. Wright, to endorse the following amend- ment to the New Hanover County Pension Act as recommended by the Board of Education: An employee's normal retirement date shall be the, date he becomes 66 years of age. For purposes of meeting the requirement for benefits under Sections 2 and 3, years of service and compensation shall not be counted after an em- ployee's normal retirement date. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi BREAK Chm. Williams recessed the meeting for a.break from 10:15 o'clock a. m. until 10:28 o'clock a. m. UP-DATE ON LIBRARY ,PROJECT Mr. John Jefferies, Architect for the Library project, appeared before the Board to bring them up to date on the progress oL,the project. PROPOSED AMENDMENT TO ZONING ORDINANCE - APARTMENTS AND MULTI-FAMILY DWELLINGS Mr. Dumay Gorham, Attorney for Figure Eight Island Development Corporation, appeared before the Board to request consideration of an amendment to the Zoning Ordinance which required "direct access to an existing major thoroughfare II for apartments and multi-family dwellings. Attorney David Barefoot appeared on behalf of his client, Greenfeld/Zenitz Associates of Wilmington, Inc., to reiterate Mr. Gorham's request. Mr. Bill Farris, Planning Director, commented. Mr. John Maye commented. 358 MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) AMENDMENTS TO ZONING ORDINANCE (CONTINUED) Mr. A. L. 'Butler, Jr., Attorney for the Clean Water Association of N. C., appeared to protest this request on the grounds that it was not properly before the Board at this time. Comm. Armistead moved, seconded by Comm. Wright, to send this request back to the Planning Commission for their study and recommendation. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o DEPARTMENT OF SOCIAL SERVICES REORGANIZATION Dr. James Dixon, Vice-Chairman of the Social Services Board of Directors, and Mr. Wayne Morris, Director of the Department of Social Services, appeared before the Board to explain and recommend approval of a proposal to reorganize the Department. The reorganization would abolish the ,following four currently vacant positions: Program Administrator II, Grade 74 2 Social Services Aides, Grade 50 Homemaker I, Grade 52 and establish the following 3 new positions: Administrative Officer II, Grade 70 Administrative Assistant II (Office Manager), Grade 65 Eligibility Supervisor I, Grade 64 Comm. Armistead moved, seconded by Comm. O'Shields, to approve the reorganization as recommended by the Social Services Board of Directors. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o PROPOSAL FOR CHANGE IN OPERATION OF ANIMAL CONTROL CENTER County Manager Eller explained to the Board his proposal for the County's taking over the Animal Control operation and placing it under the supervision of the Health Department. Comm. Armistead and Wright questioned placing the operation under the Health De- partment and the amount of fees charged. Mr. Allen Lightfoot of the Humane Society commented. Comm. Armistead moved, seconded by Comm. O'Shields, to table this proposal until the next meeting. Upon vote,the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi PROPOSED PARKS AND RECREATION ORDINANCE County Manager Eller explained the proposed ordinance regulating the use of the County's parks and recreation areas. Mr. Eller stated that since the full Board was not present, the Ordinance could not be adopted at this time. Comm. O'Shields moved, seconded by Comm. Armistead, to put this ordinance on the agenda for the first meeting in March. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o AUTHORIZATION TO EXECUTE LICENSE WITH FAA FOR LOCALIZER FACILITY AT AIRPORT Comm. 0' Shields moved, seconded by Comm. Armistead, to authorize the Chairman to execute License No. DOTFA79S0-11663 with the FAA for operation of the Localizer Facility which is located on the approach to Runway 16 at the Airport. Upon vote, the motion carried as 'follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o o o 1>:;-1 359 , I MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH JANUARY 31, 1979 Comm. 0' Shields moved, seconded by Comm. Wright, approval of the Report of the Collector of Revenue through January 31, 1979. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, 0' Shields, Wright and Chm. Williams Comm. Gottovi A copy of the Report is contained in Exhibit Book VI, Page 64. APPROVAL OF TAX ABATEMENTS AND REFUNDS Comm. O'Shields moved, seconded by Comm. Armistead, approval of the list of Tax Abatements and Refunds. Upon vote, the motion carried-as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi A copy of the list is contained in Exhibit Book VI, Page 65. BREAK The meeting was recessed for a break from 11:52 o'clock a. m. until 11:56 o'clock a. m. RELEASE OF TAXES BARRED BY G. S. 105-378 Comm. Wright moved, seconded by Comm. O'Shields, to release the following charges pursuant to G. S. 105-378 which does not allow forced collection of taxes after ten years from the date due: New Hanover County City of Wilmington Carolina Beach Kure Beach Wrightsville Beach $25,376.79 20,967.60 539.61 146.80 1,086.80 Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi SALE DATE FOR TAX LIENS ON REAL PROPERTY Comm. O'Shields moved, seconded by Comm. Williams, to set May 7, 1979, as the date for sale of tax liens on real property as recommended by the Tax Administrator. Upon , vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi ASSISTANT COLLECTOR OF REVENUE APPROVED FOR TAX DEPARI'MENT County Manager Eller and Tax Supervisor Larry Powell explained and recommended the request for adding the position of Assistant Collector of Revenue in the Tax Department. This item had been tabled from the meeting ,of February 5 to obtain more information. Comm. O'Shields moved, seconded by Comm.' Wright, to approve deleting the position of Outside Collector and establishing the position of Assistant Collector of Revenue at salary grade 63 for the Tax Department. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Absent: Comm. O'Shields, Wright and Chm. Williams Comm. Armistead Comm. Gottovi TABLING OF AMENDMENTS TO SAND DUNE ORDINANCE AND PLUMBING CODE ORDINANCE Comm. O'Shields moved, seconded by Comm. Armistead, to table consideration of the amendments to the Sand Dune Ordinance and Plumbing Code Ordinance until the, first meeting in March since the full Board was not present. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi 360 ~'D MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) RESOLUTIONS REQUESTING ADDITION OF ROADS TO STATE SYSTEM Comm. O'Shields moved, seconded by Comm. Wright, adoption of the Resolution requesting the addition of the following roads to the State Secondary Road System: Santa Ana Dr. and Redwood Rd. in Monterey Heights, Section 5 Extension of Wilderness Rd., Pleasant Oaks Dr., Redheart Dr.,' Extension of Indian Trail, and the Extension of Shawnee Trail ~n Arrowhead, Sections 5 and 7. Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi - D Upon vote, the motion carried as follows: A copy of the Resolution is on file in the Clerk's Office. DISCUSSION OF EMPLOYEE BENEFIT SURVEY The Commissioners had been furnished copies of the results of a survey on employee benefits which was conducted by the Personnel Office. County Manager Eller explained the survey and stated that the results showed the employees would rather receive salary increases instead of additional benefits. He recommended that the County follow the action taken by the State on salary increases rather than change the present benefit package. No action was taken. BUDGET TRANSFER - SHERIFF'S DEPARTMENT Comm. O'Shields moved, 'seconded by Comm. Armistead, to'approve the transfer-of $2,000 from Salaries & Wages, Acct. #11 510 02, to Professional Services, Acct. #11 510 04, to pay former deputies for testifying in Court and to transfer $2,500 from utilities, Acct. #11 510 13, to M & R - Equipment, Acct. #11 510 16, in the Sheriff's'budget to cover the cost of repairing a recorder for, the Records and Communications Division. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o BUDGET TRANSFER - CAPE FEAR TECHNICAL INSTITUTE Comm. Wright moved, seconded by Comm. Armistead, approval of the following budget transfers in the Cape Fear Technical Institute budget: Debit - Acct. #1102, Salaries - Clerical $ Acct. #6111, Contractual Services Acct. #6211 , Contractual Services Acct. #6130, Insurance - Bldg. & Auto Acct. #7130, Insurance - Other 374 64 230 2,850 250 $ 3,768 Credit - Acct. #6213, Supplies & Materials Acct. #7121, Telephone Acct. #9151, Alterations ~,Add. Acct. #9150; Site & Improvemenfs - Grounds Acct. '#6223, Repairs - Facilities $ 1,000 500 500 1,.000 768 $ 3,768 Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi o BUDGET TRANSFERS - ENGINEERING & SERVICES Comm. O'Shields moved, seconded by Comm. Armistead, to approve the following budget transfers in the Engineering & Services 'Budget: Transfer $500 from Acct. #11 540 02, Salaries, to Acct. #11 540 60, Refunds, to cover refund of several building permits which would not be used. Transfer $175 from Acct. #11 540 14, Travel, Meetings & Schools, to Acct. #11 540 12, Printing, to cover cost of copy sheets used in the Inspections Division. o o o 3(,1 361 MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) BUDGET TRANSFERS ,- ENGINEERING & SERVICES (CONTINUED) In the' Garage Account to move and hook up a gas pump and hydraulic lift and to repair a gas tank and power generator: Debit - Acct. #11 555 12, Printing Acct. #11 555 14, M. & R - Buildings Acct. #11 555 36, Uniforms Acct. #11 540 17, M & R - Autos $ 100 200 500 51 $851 Credit - Acct. #11 555 16, M & R - Equipment $ 851 To cover repairs and supplies for 4 additional vehicles: Debit - Acct. #11 331 01, Garage Rental Income $1;860 Credit - Acct. #11 555 17, M & R - Autos & Trucks Acct. #11 555 31, 'Auto Supplies $1,110 750 $1,860 Upon vote, the motion carried as follows: yoting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. williams Comm. Gottovi REQUEST FOR CIVIL DEFENSE PUBLICITY Mr. Ted Sampley requested the Commissioners to take some action to have the Civil Defense people prepare a plan advising people what to do in case, of nuclear fallout. County Manager Eller commented on this request and advised the steps that had been taken by the Civil Prep~redness office. No action was taken. REQUEST FOR CHANGE IN TERMS OF BOARD OF HEALTH MEMBERS Comm. Wright reported that the Board of Health had written letters requesting legislation to stagger the terms of the Board of Health members and moved, seconded by Comm. Williams, that the Commission write a letter endorsing this request. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. williams Comm. Gottovi PROPOSAL TO PUT SHERIFF' S DEPARTMENT UNDER CIVIL SERVICE --- Chm. Williams had presented a basic plan for putting the Sheriff's Department under civil Service and explained her reasons for requesting this action. Sheriff T. A. Radewicz appeared before the Board to answer questions and comment on .this request. The following persons offered comments: Comm. Wright Comm. O'Shields Mr. John Maye Mr. Ted Sampley Mr. Fred pickler Oomm. Armistead Mr. John Pfaff Comm. O'Shields, moved to table this request. The motion died for lack of a second. Comm. Wright moved, seconded by Chm. ,Williams, to request our legislators to put a bill before the General Assembly requesting the Sheriff's Department be put under Civil Service. Comm. O'Bhields requested that the letter of request show that the vote was not unanimous, that it was 3 to 1 and that one member of the Board was absent at the time the vote was taken. \ 362 ..J,.:t MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) CIVIL SERVICE' (CONTINUED) Chm. Williams stated that Comm. Gottovi had called that morning and expressed her opposition to the request as she felt that civil SerVice"was not a good way to solve personnel problems because it usually caused mOre problems than it solved. The following persons offered further comments: Comm. Armistead Sheriff Radewicz Comm. Wright Upon vote, the motion carried as follows: o Voting Aye: Voting Noe: Absent: Comm. Armistead, Wright and Chm. Williams Comm. 0' Shields Comm. Gottovi COMMENDATION FOR MUSEUM EXHIBIT Comm. Wright moved, seconded by Comm. Williams, that the Chai'rman be authorized to write a letter to the Museum Board of Trustees, the Medical Auxilliary and the Museum Staff commending them for the "Incredible You" Exhibit. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi LETTER TO ARTS CDUNCIL' Comm. O'Shields moved, seconded by Comm. Wright, to write a letter of thanks to the Arts Council for the prints they had loaned to be put up in the Commission Chambers. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi DISCUSSION ON TAXING OF CONTAINERS AT STATE PORTS Oomm. Williams commented on her discussions with various shipping companies on the taxing of containers at the State Ports. o It was agreed to put this matter on the-agenda for discussion at the next meeting. Tax Administrator Larry Powell appeared before the Board to comment. It was agreed that Chm. Williams and Mr. Powell would meet with State Property Tax officials on this matter. LAW ENFORCEMENT CENTER JOB SITE CONFERENCE County Manager Eller reported to the Board that there would be a job site conference at the Law Enforcement Center on Wednesday, February 28, at 2:30 o'clock p. m. BOOKLETS ABOUT COUNTY GOVERNMENT County Manager Eller requested direction from the Board on ordering booklets en- titled "What is a County? and Why?" put out by the NCACC. Comm. O'Shields moved, seconded by Comm. Armistead, to order $250 worth depending on how many that would buy and distribute to the schools, library, etc. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, o 'Shields , wright and Chm. Williams Comm. Gottovi PREPARATION OF POLICY AND PROCEDURES MANUAL FOR COMMISSIONERS County Manager Eller reported on the possibility of preparing a Policy and Procedures Manual for the Commissioners. o Comm. Williams moved, seconded by Comm. Armistead, to proceed with preparing a Policy and Procedures Manual for the Commissioners. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Absent: Comm. Armistead, O'Shields and Chm. Williams Comm. Wright Comm. Gottovi - , o o o <51;3 363 MINUTES OF REGULAR MEETING, FEBRUARY 19, 1979 (CONTINUED) AUTHORIZATION TO SIGN CETA CONTRACTS, County Manager Eller reported that the CETA II and VI allocations, had been received for April 1 tqrough September 30 and requested permission. ,to sign the contracts when they were ready as they had to be signed before February 23 and the Board would not meet again before then. Comm. O'Shields moved, seconded by Comm. Armistead, to authorize the County Manager to sign the CETA II and VI contracts when they were received. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi EXECUTIVE SESSION Comm. O'Shields moved, seconded by,Comm. Armistead, to recess the meeting to Executive Session to discuss committee appointments, personnel matters, and litigation. Upon vote, the motion carr,ied as follows: Voting Aye: Absent: Comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi Chm. williams recessed the meeting to Executive Session at 1:56 o,'clock p. m. Chm. Williams reconvened the meeting to Public Session at 2:26 o'clock p. m. APPOINTMENTS TO PORT, WATERWAY AND BEACH COMMISSION; INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY; AND TITLE xx ADVISORY BOARD Comm. Williams moved, seconded by Comm. O'Shields, to appoint Mr. Ed Kizer to the Port, Waterway and Beach Commission; to reappoint Mr. Ezra Hester and Mr. Chester Wiggins to the Industrial Facilities and Pollution Control Financing Authority; and to nominate Mr. Wayne ,Morris to the Title xx Advisory Committee. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, 0' Shields, Wright and Chm. Williams Comm. Gottovi ADJOURNMENT Comm. Armistead moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: comm. Armistead, O'Shields, Wright and Chm. Williams Comm. Gottovi Chm. Williams adjourned the meeting at 2:28 o'clock p. m. Respectfully submitted, ~~.I?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, MARC~ 5, 1979 ASSEMBLY The New Hanover County Board of Conui1.issioners met in Regular Session on Monday, March 5, 1979, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C.Williams; County Manager Dan W. Eller; County Attorney James C. Fox, and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to order. Rev. Harold McSwain of St. Matthews Lutheran Church offered the invocation.