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1980-08-18 Regular Meeting (,Ii? o o o MINUTES OF REGULAR MEETING, AUGUST 4, 1980 (CONTINUED) 647 DISCUSSION ON RESOLUTION CONCERNING LANDFILL SITE ON GENERAL ELECTRIC PROPERTY County Manager Cooper furnished the Commissioners with copies of a proposed Resolution to be adopted concerning the location of a landfill site on the General Electric Property to show "good faith" on the part of the County to seek alternate methods of solid waste disposal and to limit the time the site would be used.' It was agreed by concensus to table discussion on this Resolution until the next meeting. COMMENTS FROM FLEMINGTON RESIDENTS The following Flemington residents commented on actions of the Planning Com- mission in permitting the Landfill in 1973 and on the delivery methods and quality of the water being furnished to the Flemington residents: Mr. Walter Yates Mr. W. N. Jordan Mrs. Eva Yates Mr. Alton Kemp Mr. Archie Malpass County Manager Cooper agreed to follow up on their complaints. EXECUTIVE SESSION Chm. Williams moved, seconded by Comm. Gottovi to recess the meeting to Executive Session for land acquisition and committee appointments~ Upon vote, the motion carried as follows: Voting Aye: Comm. Armistead, Gottovi, Morgan and Chm. Williams Temporarily Absent: Comm. O'Shields Chm. Williams recessed the meeting to Executive Session at 9:50 o'clock p. m. ChID. Williams reconvened the meeting to Public Session at 10:16 o'clock p. m. APPOINTMENT OF LAMAR MCIVER TO INSURANCE ADVISORY COMMITTEE Upon motion by Comm. Armistead, seconded by Comm. Gottovi, Mr. LaMar McIver was unanimously apP?inted to a 3-year term on the Wilmington/New Hanover Insurance Ad- visory Committee. APPOINTMENT TO LIBRARY ADVISORY BOARD Upon motion by Comm. Gottovi, secoHdeddby Comm. Armistead, the following persons were re~ppointed to the Library Advisory?t~r additional '3-year,terms,by'a unanimous vote: Mr. Lenox Cooper, Jr. Mrs. Ann Wilkinson Dr. Jim Hundley Mrs. Trudy Van Luyn ADJOURNMENT Comm. Armistead moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried unanimously. ChID. Williams adjourned the meeting at 10:20 o'clock p. m. Respectfully submitted, (2.1'iJ<!1 ~.I(~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, AUGUST 18, 1980 ASSEMBLY , The New Hanover County Board of Co~issioners met in Regular Session on Monday, August 18, 1980, at 9:00 o'clock a. m. iri the Assembly Room, New Hanover County , Administration Building, Wilmington, North Carolina. I I Members present were Commissioners ~oward L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; Attorney Joseph O. Tayior, Jr., of the County Attorney's Office; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to'order. Comm. Claud O'Shields, Jr. offered the invocation. 648 J MINUTES OF REGULAR MEETING, AUGUST 18, 1980 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETINGS, JULY 28, 1980, AND AUGUST 4, 1980 Upon motion by Comm. Gottovi, seconded by Comm. Morgan, the Minutes of the Regular Meeting of July 28, 1980, were unanimously approved as presented. Upon motion by Comm. Morgan, seconded by Comm. o 'Shields , the Minutes of the Regular Meeting of August 4, 1980, were unanimously approved as presented. APPROVAL OF CONSENT AGENDA At the request of the Airport Manager, Item *8 "Agreement with Taxicabs, Inc. for Transportation Service at Airport" was removed from the Consent Agenda. Comm. Armistead moved, seconded by Comm. Morgan, that the following Consent 0 Agenda Items be approved and that Item *6 "Agreement for Services - Food Stamp Security" be tabled to the next meeting to obtain more information. Upon vote, the motion carried unanimously. REPORT OF THE COLLECTOR OF REVENUE THROUGH JULY 31, 1980 A copy of the Report of the Collector of Revenue through July 31, 1980, is contained in Exhibit Book VIII, Page 7. TAX ABATEMENTS AND REFUNDS A copy of the list of Tax Abatements and Refunds as approved is contained in Exhibit Book VIII, Page 8. COLLECTION SETTLEMENT FOR 1979 TAX LEVY; REAPPOINTMENT OF COLLECTOR OF REVENUE AND CHARGES FOR 1980 TAX LEVY The Collection Settlement for the 1979 tax levy was accepted and Mrs. Janie B. Straughan was reappointed Collector of Revenue and charged with the 1980 tax levy. Copies of ,the 1979 Collection Settlement, Oath of Office and Charge for 1980 tax levy are contained in Exhibit Book VIII, Page 9. CHANGE ORDER - AIRPORT CAPITAL PROJECT FOR TAXIWAY "B" (ADAP-06) Change Order *4 to the Contract with Dickerson, Inc. for the Taxiway "B" Project at the Airport was approved. This change order revised the original estimated quantities and reflected the actual materials and labor expended 0 during construction. The following budget amendment was also approved: Debit - Acct. *85 575 76, Contingencies (Project) Credit - Acct. *85 575 70, Paving Contract $32,398.25 $32,398.25 DEED OF CORRECTION - 1402 WOOSTER STREET The Deed dated 5/30/80 from New Hanover County to Allie H. Brewington con- veying property located at 1402 Wooster Street contained in incorrect recital of the Block number. The Commissioners authorized the Chairman to execute a Deed of Correction to Mrs. Brewington. STATEMENT OF INTENT FOR FY 1981 - PSE PROGRAMS Confirmed the County Managerls execution of the Statement of Intent forms provided by the Division of Community Employment concerning the County's intentions concerning continued operation of the Title II-D Programs for FY '81. BUDGET AMENDMENT - PLANNING DEPARTMENT The following budget amendment necessary to transfer the salary and benefits for the Engineering Technician II position which was approved for transfer from the' Engineering Department to the Planning Department at the meeting on July 28; 1980: Debit - Acct. HI 537 02, Salaries $12,187 Acct. HI 537 04, FICA 747 0 Acct. HI 537 06, Group Insurance 385 Acct. HI 537 07. Retirement 969 Credit - Acct. HI 490 02, Salaries $12,187 Acct. HI 490 05, FICA 747 Acct. HI 490 06, Group Insurance 385 Acct. *11 490 07, Retirement 969 CHANGE ORDERS TO ROTHROCK CONSTRUCTION CONTRACT FOR ADDITIONAL TEST WELLS AT FLEMINGTON Mr. Henry van aesen, of Henry van Oesen & Associates, Consulting Engineers, appeared before the Board to explain the necessity for drilling additional test wells in connection with construction of the water system at Flemington and re- quested approval of a Change Order to the contract with Rothrock Construction Company to drill 3 test wells and,~ncrease the contract amount by $5,500. o o " o. 649 MINUTES Olf REGULAR MEETING, AUGUST 18, 1980 (CONTINUED) CHANGE ORDER TO ROTHROCK CONSTRUCTION CONTRACT FOR ADDITIONAL TEST WELLS AT FLEMINGTON (CONTINUED) Comm. Gottovi moved, seconded by Comm. Armistead, to approve the 3 additional test wells and the budget amendment necessary to accomplish that. Upon vote, the motion carried unanimously. ADOPTION OF COLLECTIONS POLICY FOR THE MUSEUM Museum Director Janet Seapker and Mrs. Linda Nance of the Museum Board of Trustees appeared before the Commissioners to explain the proposed Collection Policy for the New Hanover County Museum and answer questions. Upon motion by Comm. O'Shields, seconded by Comm. Morgan, the Collection Policy which was adopted by the Museum Board of Trustees on May 22, 1980, was unanimously adopted as proposed. A copy of the policy is on file in the County Manager's Office. DISCUSSION ON PURCHASING POLICIES Mr. Thomas Naylon of ~ackson & Bell Office Products appeared before the Board to discuss the County's purchasing procedures and requested that more effort be made to make purchases from local businesses. After discussion of the present procedures, Comm. Armistead moved, seconded by Comm. O'Shields, that the purchasing policies and awarding of contracts and bids not be 'changed. Upon vote, the motion carried as follows: Voting Aye: Comm. Armistead,' Morgan, O'Shields and ChID. williams BREAK -- Chm. williams recessed the meeting for a break from 9:40 o'clock a. m. until 9:50 o'clock a. m. FINAL PLAT APPROVAL ~ BENT TREE SUBDIVISION, SECTION 1 Mr. Charles Lilley of the Planning Department reported that this plat was given final approval by the Subdivision Review Committee on July 28, 1980. He reported that the developer or his representative had been notified of N. C. G. S. 39-30 which required the developer 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 within the subdivision. Upon motion by Comm. o 'Shields , seconded by Comm. Gottovi, the final plat of Bent Tree Subdivision, Section 1, was unanimOUSly approved. The County Attorney was requested to look into methods of follow-up procedure to determine if developer~ were complying with N. C. G. S. 39-30. FINAL PLAT APPROVAL - COUNTRY PLACE SUBDIVISION, SECTION 2 Mr. Charles Lilley of the Planning Department reported that this plat was given final approval by the Subdivision Review Committee on July 28, 1980. He reported that the Planning Staff had also recommended approval with special provisions for con- struction due to the limitations for septic absorption fields caused by a seasonally high water table. Upon motion by Comm. o 'Shields , seconded by Comm. Armistead, the final pl~t of Country Place Subdivision, Section 2, was unanimously approved as recommended. FINAL PLAT APPROVAL - PINE VALLEY ESTATES, SECTION 24A Mr. Charles Lilley of the Planning Department reported that the Subd~vision Review Committee granted final approval of this plat at its meeting on July 28, 1980, and that the developer or his representative had been notified of G. S. 39-30 requiring the installation of all improvements or the posting of surety with the Clerk of Superior Court prior to the sale of lots in the subdivision. Mr. Lilley stated that the Plan- ning Staff had also recommended ~pproval. Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the final plat of Pine Valley Estates, Section 24A, was unanimously approved as recommended. INCREASE IN INSPECTION FEE SCHEDULE Mr. Thad Carmichael, Superintendent of Inspections, appeared before the Board to explain his proposed increase in the Inspection Fee Schedule and answer questions from the Commissioners" Upon motion by Comm. O'Shields, seconded by Comm. Gottovi, the proposed fee schedule was unanimously adopted as recommended. " 650 c, MINUTES OF REGULAR MEETING, AUGUST 18, 1980 (CONTINUED) INCREASE IN INSPECTION FEE SCHEDULE (CONTINUED) Camm. Q.Shields moved, seconded by Carom. Armistead, to make the effective date on the new fee schedule October 1, 1980. Upon vote, the motion carried unanimously. , A copy of the Fee Schedules is contained in Exhibit Book VIII, Page 10. BUDGET AMENDMENTS - HEALTH DEPARTMENT Upon motion by Comm. O'Shields, seconded by Comm. Morgan~ the following amend- ments in the Health Department budget to support the Heart Clinic, Orthopedic Clinic and Neurology Clinic were unanimously approved: Heart Clinic: Debit - Acct. t44 368 18, State Grant - Crippled Children - Heart $5,712 0 Credit - Acct. t44 608 04, Professional Services $1,920 Acct. t44 608 10, Auto Allowance $ 25 Acct. H4 608 11, Telephone & Postage $ 138 Acct. t44 608 12, Printing $ 76 Acct. t44 608 14, Travel, Mtgs. & Schools $ 100 Acct. t44 608 16, M & R - Equipment $ 100 Acct. t44 608,33, Supplies & Materials $2,259 Acct. H4 608 74, Equipment (EKG Machine) $1,094 Orthopedic Clinic: Debit - Acct. t44 368 19, State Grant - Crippled Children -,Orthopedic $9,933 Credit - Acct. t44 609 04, Professional Services $7,560 Acct. t44 609 10, Auto Allowance 25 Acct. t44 609 11, Telephone & Postage 234 Acct. t44 609 12, Printing 147 Acct. t44 609 14, Travel, Mtgs. & Schools 100 Acct. t44 609 16, M & R - Equipment 123 Acct. t44 609 33, Supplies & Materials 1,744 Neurology Clinic: ," Debit - Acct. t44 368 20, State Grant - Neurology $7,900 Credit - Acct. t44 610 04, Professional Services 5,280 0 Acct. t44 610 10, Auto Allowance 87 Acct. t44 610,~, Telephone & Postage 180 Acct. t44 610 , Supplies & Materials 2,353 AMENDMENT tl TO AGREEMENT WITH STATE FOR HEALTH SERVICES Upon motion by Comm. Armistead, seconded by Comm. Morgan, Amendment tl to the Agreement with the State for providing health services was unanimously approved to add the following activities: '~ Chronic Disease Hypertension ~ Home Health Cardiology Orthopedic Cancer BUDGET AMENDMENT - NON-DEPARTMENTAL Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the following amendment in the non-departmental budget to cover the nutrition program from 7/1/79 through 9/30/79: Debit - Acct. tll 66057, Non-Departmental - Misc. Expense $1;000 Credit - Acct. tll 660 93, Contributions - Other Agencies (SENCland Community Action) $1,000 " , , Upon vote, the motion carried unanimously. TABLING OF RESOLUTION OF ASSURANCES TO GENERAL ELECTRIC COMPANY 0 ' tChomm. ArmidsteRead mlovt~d, sekc~nded by Comm. MtOrgthan'Gto tabllEeluntti~ thce next mteet- , lng e propose so u lon ma lng assurances ~ e enera ec rlC ompany 0 assist the Company in making decisions regarding the acquisition of a portion of that Company's property by New Hanover County for use as a landfill. Upon vote, the motion carried unanimously. DISCUSSION ON ORDINANCES CONCERNING JOINTLY APPOINTED BOARDS AND COMMITTEES Comm. Armistead moved, seconded by Comm. O'Shields, to table until the next meeting discussion on the ordinances adopted by the Wilmington City Council affect- ing the jointly appointed Board of Examiners of Electricians and the New Hanover County Council on the Status of Women. Upon vote, the motion carried unanimously. ., o o o MINUTES OF REGULAR MEETING, AUGUST 18, 1980 (CONTINUED) CHANGES IN WASTE MANAGEMENT'S CONTRACT FOR LANDFILL COVER Mr. Mike Mitwol, Attorney, and Mr. Ray Rosetti, of Waste Management of N. C., Inc., appeared before the Board to request changes to the proposed Contract for covering the landfill at Carolina Beach when it was closed on September 30, 1980. After discussion of the requested changes, Chm. Williams moved that the attorneys get together and work out the differences in the Contract as quickly as possible. It was agreed by concensus that the attorneys would get together and try to re- solve the differences in the Contract. ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC COMM. O'SHIELDS CONGRATULATED ON BEING INSTALLED AS PRESIDENT OF NCACC Comm. Gottovi congratulated Comm. O'Shields on being installed as President of the North Carolina, Association of County Commissioners on Saturday, August 16, 1980, and requested that the record show this information. DISCUSSION ON FEDERAL REGULATIONS ON CABLE TV Chm. Williams commented on the letter that had been received from the Council of Governments concerning the deregulation of cable television franchise operations. BOND ORDER AUTHORIZING THE ISSUANCE OF $900,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER County Manager Cooper reported on the possibility of having to issue General Obligation bonds 'to help finance a landfill for the County. County Manager Felix Cooper introduced the following bond order: "BOND ORDER AUTHORIZING THE ISSUANCE OF $900,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the Board of Commissioners deems it advisable to make the improve- ments hereinafter described; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the appli- cation has been accepted for submission to the Local Government Commission; NOW, THEREFORE , BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: Section 1. The Board of Commissioners of the County of New Hanover has ascertained and hereby determines that it is necessary to provide solid waste dis- posal facilities within or without the boundaries of the County, including the acquisi- tion of a sanitary landfill and the provision of an access road therefor, including the acquisition and installation of equipment and machinery required therefor, and the acquisition of necessary land or rights-in-land, and to pay capital costs of such improvements. Section 2. In order to raise the money required to pay capital costs of providing solid waste disposal facilities as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the County of New Hanover are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be '$900,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. The revenues of the system hereinbefore described may be pledged to the payment of the interest on and principal of said bonds if and to the extent that the Board shall hereafter determine by re- solution prior to the issuance of said bonds. In such event, the tax to pay the principal of and interest on said bonds may be reduced by the amount of such revenues available for the payment of such principal and interest. Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of Commissioners and is open to public inspection. . . ~ 6h'I'l,' ' -\ " Vi.., MINUTES OF REGULAR MEETING, AUGUST 18, 1980 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC (CONTINUED) BOND ORDER AUTHORIZING THE ISSUANCE OF $900,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER (CONTINUED) Comm. Karen E. Gottovi moved that the following resolution be adopted: WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $900,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER" has been in- troduced at the meeting of the Board of Commissioners held on August 18, 1980 and the Board desires to,provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act; NOW, ,THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows: (1) The public hearing upon said bond order shall be held on the 2nd day of September, 1980, at 7:00 o'clock, P. M., at the New Hanover County Administration Building, in Wilmington, North Carolina. (2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such public hearing. o (3) The County's Finance Officer is hereby directed to file with the Clerk of the Board of Commissioners prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the appraised value of property subject to taxation by the County and the net debt of the County. The motion was seconded by Comm.',Janet S. Morgan and was adopted by the following vote: AYES: Comm. Armistead, Gottovi, Morgan, O'Shields and Chm. Williams NAYS: None COMMENTS ON HANDLING OF WASTE CONTRACTS Mr. Maurice Wester commended the Commissioners on their handling of the contract with Waste Management of North Carolina, Inc. EXECUTIVE SESSION Comm. Gottovi moved, seconded by Comm. Armistead, that the meeting be recessed to Executive Session to meet with representatives of Legal Services concerning the Flemington litigation. Upon vote, the motion carried unanimouslYe Chm. Williams recessed the meeting to Executive Session at 10:59, o'clock a. m. 0 Chm. Williams reconvened the meeting to Public Session at 12:10 o'clock p. m. ADJOURNMENT Comm. Gottovi moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Williams adjourned the meeting at 12:10 o'clock p. m. Respectfully submitted, ~/j,I?~ Alyce B. Rusmisell Clerk to the Board