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1980-05-19 Regular Meeting o o o 597 MINUTES OF SPECIAL MEETING, MAY 8, 1980 (CONTINUED) , ' EXECUTIVE SESSION Comm. O'Shields moved, seconded by Chm. Williams, that the meeting be recessed to Executive Session for the purpose of discussing land acquisition. Upon, vote, the motion carried as follows, . VrioEing': Aye: Voting Noe: Absent: "Comfu;, 0 ',Shields: and Chiru;;'c Williams:~ " " Comm. Gottovi ,_ Comm.~-Annisteaa. .:}.-" r~ . ~::.:.. , Chm. Williams recessed the meeting to Executive Session at 9:15 o'clock a. m. ", COMM. ARMISTEAD ARRIVED AT 9:30 O'CLOCK A. M. AND WAS PRESENT FOR THE RE- ~INDER OF THE MEETING. , ' . - ," cfun. :williams 'reconvened"the' meeting,"to'-'P..blic.'sessi~~' at 12:00 o'clock noon. ADJOURNI!IENT' ',' ":, "," ._ , .' _ Comm. Armistead moved, seconded by Comm. Upon vote, the motion carried unanimously. G~tt';v:c 'tliat',th~ meeting be adjourned. - ,~.'-""" _.. ..:..,-,-.-"-, Chm. Williams adjourned the meeting at 12:01 o'clock p. m. Re13pec,tfullY,:: s~i tted, ~AS,j{~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR M];;ETING, MAY 19, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, May 19, 1980, 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. Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmise11. were absent. Gottovi; Cooper; No members Chm. Williams called the meeting to order. Rev. L. T. Whitted offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, MAY 5, 1980; MAY 8, 1980,' (7:30 ,A. M.); AND' ~8, 1980 (9:00 A. M.) Chm. WilIams moved, seconded by Comm. 'O'Shie1ds, that Comm. Armistead be excused from voting on approval of the Minutes of the Regular Meeting of May 5, 1980, and the Special Meeting at 7:30 a. m. on May 8, 1980, as requested since he was not present for either of those meetings. Upon vote, the motion carried unanimously. Comm. Gottovi moved, seconded by Comm. O'Shields, approval of the Minutes of the Regular Meeting on May 5, 1980 as presented. Upon vote, the motion carried as follows: Voting Aye: Abstaining: Comm. Gottovi, O'Shields and Chm. Williams Comm. Armistead Comm. Gottovi moved, seconded by Comm. O'Shields, to ,approve the Minutes of the Special Meeting on May 8, 1980, at ,7:30 a. m. as presented. Upon vote, the motion carried as 'follows: Voting Aye: Abstaining: Comm. Gottvi, O'Shields and Chm. Williams Comm. Armistead Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the Minutes of the Special Meeting on May 8, 1980, at 9:00 a. m. as presented. Upon vote, the motion carried unanimously. 598 MINUTES OF REGULAR MEETING, MAY 19, 1980 (CONTINUED) APPROVAL OF CONSENT AGENDA Comm. Gottovi requested that Item 115 on the Consent Agenda "Resolution Authorizing Feasibility Study for Resource & Energy Recovery Facility" be removed for discussion. Upon motion by Comm. Armistead, seconded by Comm. 0'Shie1ds, the following items contained in the Consent Agenda were unanimously approved with item #5 being removed for discussion ,later in the meeting: COLLECTOR OF REVENUE REPORT THROUGH APRIL 30, 1980 A copy of the Report is contained 'in Exhibit Book VII, Page 61. TAX ABATEMENTS AND REFUNDS A copy of the List of Tax Abatements and Refunds approved is contained in Exhibit Book VII, Page 62. o CAPITAL PROJECT ORDINANCE - AVIGATION EASEMENT ACQUISITION (ADAP-07) The FAA had issued a tentative allocation of $315,000 for the acquistion of easements in the approach and transitional areas at the Airport and to accomplish approach clearing. The Project Ordinance for Avigation Easement Acquistion was adopted along with the following budget amendment to appropriate the County's share of the funds: Debit - Acct. #31 650'97, Transfer to Capital Projects Credit - Acct. #90 397 31, Transfer from Airport $17,500. $17,500. A copy of the Capital Project Ordinance is contained in Exhibit Book VII, Page 63. POSITION RECLASSIFICATION - SHERIFF'S DEPARTMENT Position #21 in the Sheriff's Department was reclassified from Clerk-Typist IV; 'Range 59, to Deputy,,' Range '62. BUDGET TRANSFER - MUSEUM The following transfer in the Museum budget to furnish funds to areas needed for the remainder of this fiscal year: Debit - Acct. 1111 625 10, Auto Acct. 1111 625 05, FICA Acct. 1111 625 32, Copying & Duplicating Acct. 1/11 335 00, Miscellaneous Revenue Acct. 1111 625 54, Insurance & Bonds Credit - Acct. 1111 625 14, Travel Acct. 1/11 625 07, Retirement Acct. 1111 625 11, Telephone & Postage Acct. #11 625 02, Salaries & Wages Acct. 1/11 625 16, M & R Equipment Acct. 1111 625 13, Utitities BUDGET TRANSFER - ENGINEERING/GARAGE DIVISION $ 200. 0 11. 148. 226. 498. 200. 11i 174. 55. 56. 587. Debit - Acct. *11 555 10, Auto Allowance Acct. *11 555 12, Printing Acct. *11 555 33, ,Supplies Acct. *11 540 10, Auto Allowance Credit - Acct. Ul 555 73, Capital Outlay - Other Improvements $ 25. 75. 50. 2,000. 2,150. BUDGET TRANSFER - HEALTH DEPARMENT The following transfer in the Health Department budget due to the , increased cost of X-ray film: _.,",..: o Debit - Acct. *44 590 02, Salaries & Wages Credit - Acct. *44 590 33, Supplies & Materials $ 7,000. 7,000. MINUTES OF REGULAR MEETING, MAY 19,' 1980 (CONTINUED) ^" I APPROVAL OF CONSENT AGENDA (CONTINUED)' , 599 BUDGET TRANSFER - SHERIFF'S DEPARl'MENT , , The following transfer in the Sheriff's Department budget to pUrchase training supplies and gas and oil for the remainder 6f the fiscal year: Debit - Acct. HI 335 00, Miscellaneous Revenue $ 488. Acct. HI 510 13, Utilities 8,000. Credit - Acct. HI 510 33, Supplies & Materials 488. ACct. HI 510 31, Auto Supplies (Gas & Oil) 8,000. o BUDGET TRANSFER - TAX DEPARTMENT, The following transfer in the Tax Department to pay unforeseen refunds on taxes paid through error: Debit - Acct. HI 450 33, Supplies & Materials Acct. *11 450 12, printing Acct. *11 450 32, Copying & Duplicating Credit - Acct. *11 450 60, Tax Payments & Refunds $ 500. 500. 800. $ 1,800. BUDGET AMENDMENT - SOCIAL SERVICES The following amendment in the Social Services budget due to the State's requiring that the County make the initial payment for Day Care Services and then applying for reimbursement: Revenue Debit - Acct. *41 350 18, Reimbursement - Day Care $, Credit - Acct. *41 610 18, Day Care - 100% Reimbursable 31,162. 31,162. HOSPITAL CHANGE ORDERS & BUDGET AMENDMENT The following amendment in the Hospital Expansion Capital Project to cover change orders G-I06, G-I07, G-I08; HVAC-20; HVAC-2l and E-70: 0 Debit - Acct. *78 575 76, Hospital Contingencies $ 15,560. Credit - Acct. *78 575 70, General Contractor 5,162. Acct. *78 575 72, Heating & A/C Contractor 9,086. Acct. *78 575 73, Electrical Contractor 1,312. PRESENTATION OF CERTIFICATE OF AWARD TO FORMER COMMISSIONER VIVIAN S. WRIGHT On behalf of the New Hanover County Commissioners, Chm. Williams presented a Certificate of Award to Commissioner Vivian S. Wright for her service to New Hanover County from December 1972 until April 28, 1980, at which time her resignation was effective in order to devote her time to her campaign for the U. S. Congress. REQUEST FOR INCREASE IN COMPENSATION FOR BOARD OF EDUCATION MEMBERS Dr. Heyward Bellamy, Superintendent of Schools, and Dr. Harold Hulon of the Board of Education appeared before the Board to discuss the appropriate steps: to increase the compensationfcDr members of the Board of Education. Comm. Gottovi moved, seconded by Comm. Armistead, to concur with the Board of Education's request to the Legislature to change the local act to make it possible for the Board of Education members to increase their compensation, and if it was necessary to specify an amount, the amount budgeted would be,used. Upon vote, the motion carried unanimously. o FINAL PLAT APPROVAL - GLYNWOOD VILLAGE SUBDIVISION, SECTION 1 Mr. Charles Lilley of the Planning Department reported that the preliminary plate was originally approved by the Subdivision Review Committee in February of 1976 and reapproved on April 28, 1980. Mr. Lilley reported that the staff re- commended approval. Comm. O'Shields moved, seconded by Comm. Armistead, to approve the final plat of Glynwood village Subdivision, Section 1, subject to the removal of the words indicating the -"County" drainage ditch. Upon vote, the motion carried unanimously. 600 MINUTES OF REGULAR MEETING, MAY 19, 1980 (CONTINUED) FINAL PLAT APPROVAL - OYSTER BAY SUBDIVISION Planning Director Bill Farris reported that the developer had submitted a Letter of Credit for an amount approved by the New Hanover County Engineer in lieu of having all the improvements completed at the present time and the Letter of Credit format had been approved by the County Attorney. He stated that the Subdivision Review Committee granted approval on April 28, 1980, and the Planning Staff recommended approval. Chm. Williams asked if there was anyone present to speak in opposition and no one appeared. o Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the final plat of Oyster Bay Subdivision was unanimously approved. FINAL PLAT APPROVAL - RUNNYMEADE SUBDIVISION, SECTION 2 ,:Mr. Charles Lilley of the Planning Department reported that the Subdivision Review Committee had granted approval of this plat at its meeting on April 28 and that the developer had been notified that since this subdivision was being developed under the 25-10t provision of the Subdivision Ordinance, he would be required to make application to the Clerk of Superior Court to either install all improvements or post surety with the Clerk of Superior Court prior to the sale of lots in the subdivision in accordance with GS 39-30. Chm. Williams asked if there was ,anyone present to speak in opposition and no one appeared. ./ Upon motion by COmm. Gottovi, seconded by Comm. O'Shields, the Final plat of Runnymeade Subdivision, Section 2, was unanimously approved. APPROVAL OF PRELIMINARY PLAT FOR REGENC~UARE TOWNHOUSE PROJECT Mr. Charles Lilley of the Planning Department reported that the Subdivision Review Committee had reviewed this ,plat on April 28, and the motion for approval failed on a 2 - 2 vote. Mr. Lilley reported that the plat had received previous approval as a preliminary plat. Mr. David Barefoot, Attorney for the petitioners, commented. o Chm. Williams asked if there was anyone present to speak in opposition and no one appeared. Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the plat for the Regency Square TOwnhouse project was unanimously approved. Comm. Gottovi stated that she was going to vote "aye", but she would like for the County government to go on record as favoring another access to the pine Valley School if there was anything that could be done in that regard for the safety of the students. ADOPTION OF CAPITAL PROJECT ORDINANCE FOR FLEMINGTON WATER SYSTEM COunty Manager Cooper explained the plans for the water system to be con~, structed in the Flemington area and stated that the system would be funded mainly by an Imminent Threat Grant from HUD and that the County's portion would be approximately $48,500. Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the Project Ordinance for the Flemington Water System of New Hanover County was unaniIlDusly adopted. ' A copy of the Ordinance is contained in Exhibit Book VII, Page 64. RESOLUTION AUTHORZING FEASIBILITY STUDY FOR RESOURCE & ENERGY RECOVERY FACILITY 0 County Manager Cooper explained that a proposal had been submitted to the U. S. Department of Energy for a Feasibility Study of New Hanover County Resource and Energy Recovery Facility. Upon motion by conun. Armistead, seconded by Chm. Williams, the following Resolution authorizing the grant application was unanimously adopted: , i .:::'.: 1".' .~ -, 'I MINUTES OF REG~ NEETINg.,_MAY 19_.~~?80JCQ~!NUE.!l) RESOLUTION AUTHORIZING FEASIBILITY STUDY (CONTINUED) RESOLUTION AUTHORIZING GRANT APPLICATION TO U. S. DEPARTMENT OF ENERGY FOR FEASIBILITY STUDY OF NEW HANOVER COUNTY RESOURCE AND ENERGY RECOVERY FACILITY 601 WHEREAS, New Hanover County is a body politic and corporate o entity of the State of North Carolina; and, WHEREAS, New Hanover County has submitted a Proposal for Feasibility Study of New Hanover County Resource and Energy Recovery Facility for a grant from the U. S. Department of Energy' BE IT HEREBY RESOLVED THAT: The New Hanover County Commissioners authorize the filing of the application, including all understandings and assurances contained therein, and direct the County Manager, as official representative of the County, to act in connection with the application and to provide such additional information as may be required. Adopted'this 19th day of May , 1980 REMARKS OF MR. C. G. BERRY Mr. C. G. Berry addressed the Commissioners with regard to various matters. BREAK V-Chm. Gottovi recessed the meeting for a break from 9:58 o'clock a. m. until 10:10 o'clock a.m. o ADDITIONAL ITEMS - COUNTY MANAGER County Manager Coo~~r explained several additional items that came into the office while he was out 'of town and unable to get them on the agenda. Upon motion by Comm. Armistead, seconded by Comm. O'Shields, the following additional items presented by the County Manager were unanimously approved. BUDGET TRANSFER - TAX DEPARTMENT The fo11woing transfer in the Tax Department budget to cover advertising expense: Debit - Acct. #11 450 60, M & R - Equipment Acct. #11 450 32, Copying & Duplicating $ 250. 250. Credit - Acct. #11 450 27, Advertising $ 500. BUDGET TRANSFER - ADMINISTRATION The following transfer in the Administration budget to cover additional costs in the salary account due to having to pay vacation pay when the former County Manager resigned and unanticipated increases in other accounts: Debit - Acct. 1111 445 61, Contingencies $ 6,023. Credit _ Acct. 1111 420 06, Group Insurance 135. Acct. 1111 420 02, Salaries & Wages(E11er's)vacation 4,238. , pay 0 Acct. 1111 420 07, Retirement 100. Acct. 1111 420 11, Telephone & Postage (Additional 550. conm. telephone & postage) Acct. 1111 420 27, Advertising 750. Acct. 1/11 420 32, Copying & Duplicating 250. BUDGET'TRANSFER - AIRPORT The fol1woing ~ransfer in the Airport budget to cover repairs to a motor grader and M & R funds for airfield mowing equipment until June 30: 602 MINUTES OF REGULAR MEETING, MAY 19, 1980 (CONTINUED) BUDGET TRANSFER - AIRPORT (CONTINUED) Debit Credit - Acct. - Acct. Acct. Acct. 1131 1131 1131 1131 650 13, 650 11, 650 16, 650 32, Utilities Telephone & Postage M & R - Equipment Copying & Duplicating $ 5,485. 100. 5,200. 185. BUDGET TRANSFER - SHERIFF'S DEPARTMENT The following transfer in the Sheriff's Department budget to cover additional funds required in the professional services account for pay- ment of existing andprojected hospital bills, doctor bills and dental fees for the remainder of this fiscal year: Debit - Acct. #11 520 02, Salaries & Wages Credit - Acct. #11 520 04, Professional Services $ 6,000. 6,000. o RIGHT OF WAY ENCROACHMENT AGREEMENT WITH DEPARTMENT OF TRANSPORTATION A Right of Way Encroachment Agreement for Primary and Secondary Highways between the Department of Transportation and County Board of Commissioners ,of New Hanover County, North Carolina to encroach on the right of way of the public roads designated as Route US 421, SR 1347, 2000 and 1394 for the 'construction and/or erection of water distribution mains. A copy of the Agreement is on file in the County Manager's Office. AUTHORIZATION FOR GRANT APPLICATION FOR LAND RECORDS MANAGEMENT PROGRAM Adoption of the following Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, for Land Records Management Program: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA RESOLVED: 1. That the County Manager be and hereby is authorized to file an application with the North Carolina Department of Administration to aid in the financing of improvements to the County's Land Record System under the North Carolina Land Records Management Program and to do all things necessary in the preparation of said application to fulfill applicable requirements. o 2. That in authorizing participation in the Land Records Manage- ment Program; the Commissioners are in agreement with the following: i. The first grant request be in the amount of $75,000. ii. They share a willingness to participate in the State Land Records program. iii. Funds are available in the General Fund for FY 80-81 to match the grant funds requested. iv. They will assign said funds to this project. v. Upon accepting grant funds made available, all applicable laws will be complied with. ' Adopted at regular meeting on M'IY 19 , 1980. ADDITIONAL ITEMS - GENERAL PUBLIC, COUNTY COMMISSIONERS ,AND COUNTY MANAGER DISCUSSION ON METHODS OF RESOURCE RECOVERY Mr. Don Jones addressed the Commissioners with his ideas and recommend- ations on methods of resource recovery for New Hanover County. o COMMENTS FROM REPRESENTATIVE EUGENE MERRITT Mr. Eugene Merritt, New Hanover County's Representative in the North Carolina House of Representatives, appeared before the Board to advise the Commissioners of the short session of the N. C. Legislature that would convene on June 5, and requested that he be apprised of any actions the County wished for him to handle at that time. Mr. Merritt also gave his personal opinions on the County's problems relating to solid waste disposal and answered some questions from the Connnissioners. o o o 603 ,MINUTES OI<:. REglJ!:AR MEETING. MAY 1~" 1~8.o (CONTI~~D) ADDITIONAL ITEMS - GENERAL PUBLIC" COUNTY COMMISSIONERS AND, COUNTY MANAGER (CONTINUED) COMMENTS FROM DON BLAKE ON SOLID WASTE DISPOSAL Mr. Don Blake commented on his investigations, into the possibility of New Hanover County's using an incineration system in Horry County, S. C. that was being planned by a privately operated resource recovery organization. COMPLAINTS AGAINST THE INSPECTIONS DEPARTMENT Mr. Bill Reilly appeared before the Board to comment on a problem he was having with the people in the Building Inspections Department. Mr. Lawrence Rhodes, of Rhodes Heating & Air Conditioning Co., also com- mented on the Inspections Department. INVITATION FOR COMMISSIONERS TO VISIT PROPOSED LANDFILL SITES Mr. Lawrence Rhodes invited the three commissioners that had not previous- ly visted the proposed landfill site at the end of Chair Road to do so. DISCUSSION ON FORMAT FOR PUBLIC HEARING TO BE CONDUCTED CONCERNING THE LANDFILL Mr. Don Jones requested information on the precedures for the public hearing to be conducted that evening on the proposed landfill sites. County Manager Cooper outlined his suggestions for conducting the public hearing. The following persons commented on the public hearing format: The Commissioners Mr. Whitted Mrs. Myrtle Barnhill Mrs. Mary Grossnickle Mr. Pete Rhodes DISCUSSION ON TRANSCRIPT OF FLEMINGTON LAWSUIT HEARING Comm. Gottovi requested information on whether or not there would be a transcript available of the proceedings in Federal Court on May 6 relating to the F1emington Lawsuits. DISCUSSION ON BUDGET HEARING DATES County Manager Cooper discussed with the Commissioners, his proposed schedule for budget hearings. REQUEST FOR ADDITIONAL WATER BARRELS AT FLEMINGTONI' 1_ County Manager Cooper reported that the F1emington residents were re- questing additional individual water barrels and asked for approval from the Board to supply the water barrels to those residents making the re- quests for individual water barrels. County Attorny Fox commented. Comm. Gottovi moved, seconded by Comm. Armistead, to purchase additional water barrels to be placed at Flemington; Upon vote, the motion carried unanimously. DISCUSSION ON VOLUNTEER ACTION COORDINATORS RECEPTION Comm. O'Shields reported on his attendance at the Governor's reception for Volunteer Action Coordinators and the recognition of New Hanover County's group as being one of the best in the State. Comm. O'Shields requested that additional signs recognizing the County as a Volunteer Action ,Community be purchased for placing on roads coming into the County. FURTHER DISCUSSION ON LANDFILL PUBLIC HEARING FORMAT Mr. Don Jones commented further on the format 'for the landfill public hearing. EXECUTIVE SESSION Comm. 0'Shie1ds moved, seconded by Comm. Armistead, that the meeting be recessed to Executive Session to discuss legal matters and possible land ac- quisition. Upon vote, the m~tion carried unanimously. Chm. Williams recessed the meeting to"Executive Session at 11:30 o'clock a.m. Chm. Williams reconvened the meeting to Public Session at 11:57 o'clock a.m. 604 MEETINqOF REGULAR MEETI~G. MAY 19._1~80 (~O~TINUEDL ".,~-~;~.~'.i't';. - - - --- / EXECUTIVE SESSION (CONTINUED) Comm. Armistead moved, seconded by Comm. O'Shields, that the meeting be recessed to Executive Session to discuss personnel matters, Upon vote, the motion carried unanimously. Chm. Williams recessed the meeting to Executive Session at 11:58 o'clock a.m. Chm Williams reconvened the meeting to Public Session at 12:08 o'clock p.m. DISCUSSION ON SETTING SPECIAL MEETING FOR DISCUSSION OF LANDFILL SITES It was agreed to set a SpeciaLMeeting on Thursday, May 22,' 1980, at 10:30 a. m. to discuss the consultants' report and public hearing input on landfill sites. o DISCUSSION ON COUNTY MANAGER'S ATTENDING NACO ANNUAL MEETING & CHANGING DATE FOR SECOND MEETING IN JULY & FIRST MEETING IN JUNE County Manager Cooper requested the feeling of the Board on his attending the NACO Annual Convention on June 27 - July 2 in Clark County, Nevad~, and was advised that it would be all right. Comm. Gottovi requested that the seconed meeting in July be changed from the 3rd Monday until the 4th Monday as she would be out to town during the first part of July and would miss ,the first meeting of the month and did not want to miss both meetings that month. Chm. Williams requested that the first meeting in June be changed to another time since it was the evening before the runoff election, and if it was too late to change that meeting that it be considered when it was time for the general election in November. ADJOURNMENT Comm. Armistead moved, seconded by Comm. 0'Shie1ds, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Williams adjourned the meeting at 12: 15 0' '"clock p.m. Respectfully submitted, I ~L>,I?~ o Alyce B. Rusmisel1 Clerk to the Board MINUTES OF LANDFILL PUBLIC HEARING, MAY 19, 1980 ASSEMBLY The New Hanover County Board of Commissioners held a Public Heating on proposed landfill sites in New Hanover County on Monday, May 19, 1980, at 7:30 o'clock p. m. in the Trask Junior High School Gymnasium. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Claud O'Shie1ds, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; and Clerk to the Board, Alyce B. Rusmisel1. No members were absent. Chm. Williams called the meeting to order and read the following state- mente Welcome to each of, you and -thanks for being, interested 'enough,1ii' the matters at hand to come. o The' purpose of this: meeting,~ is to receive from the' Consulta'nts"',~, their reconUnendations and ,their reasons, a.J1d, to give you ,the opportt..i c:,'" unity, to expres,s your fe,elings concerning their recommendations. - '._"