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1980-09-15 Regular Meeting 10&1 o o o MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1980 (CONTINUED) 661 ADJOURNMENT Comm. O'Shields moved, seconded by Comm. Morgan, that the meeting be adjourned. Upon vote, the motion carried unanimously_ Chm. Williams adjourned the meeting at 10:25 o'clock p. m. Respectfully submitted, ~ /$. .i?~u.d.~ (L. Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING, SEPTEMBER ll, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Thursday, September 11, 1980, at 9:30 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.Gottovij Janet S. Morgan; Claud 0' Shields, Jr.; Chairman Ellen C. williams; County Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to order and stated that the Special Meeting had been called to discuss possible land acquisition and legal matters in Executive Session. COMMENTS ON LANDFILL ISSUE Col. Robert S. Milner commented on the manner in which the landfill issues had been handled. EXECUTIVE SESSION Comm. O'Shields moved, seconded by Comm. Armistead, that the meeting be recessed to Executive Session to discuss land acquisition and attorney/client matters. Upon vote, the motion carried unanimously. Chm. Williams recessed the meeting to Executive Session at 9:37 o'clock a. m. Chm. Williams reconvened the meeting to Public Session at 11:02 o'clock a. m. SCHEDULING OF PRESS CONFERENCE Comm. O'Shields moved, secorided by Comm. Armistead, to set up a press conference this afternoon at 4:00 p. m. to announce the actions of the Board. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Armistead moved, . seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Williams adjourned the meeting at 11:03 o'clock a. m. Respectfully submitted, ~~' /?~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 ASSEMBLY The New Hanover County Board of commibsioners met in Regular Session on Monday, September 15, 1980, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, Northl Carolina. , I Member present were Commissioriers How~d L. Armistead, Jr.; Karen E. Gottovij Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; Attorney J. O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. 1;......- 6fi2 MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 (CONTINUED) ASSEMBLY (CONTINUED) Chm. Williams called the meeting to order. In the absence of a minister to give the invocation, the meeting was opened with the Lord's Prayer. APPROVAL OF MINUTES: SEPTEMBER 11, 1980 Upon motion by Comm. Gottovi, seconded by Comm. Armistead, Regular Meeting of September 2, 1980, were unanimously approved REGULAR MEETING, SEPTEMBER 2, 1980, AND SPECIAL MEETING, the Minutes of the as presented. Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the Minutes of the Regular Meeting of September 11, 1980, were unanimously approved as presented. o APPROVAL OF CONSENT AGENDA Upon motion by Comm. Armistead, seconded by Chm. Williams, the following Consent Agenda items were unanimously approved: APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH AUGUST 31, 1980 A copy of the Report of the Collector of Revenue through August 31, 1980, as approved is contained in Exhibit Book VIII, Page 13. APPROVAL OF TAX ABATEMENTS AND REFUNDS A list of the Tax Abatements and Refunds as approved is contained in Exhibit Book VIII, Page 14. FIREWORKS PERMIT FOR JAYCEE FAIR Authorization for New Hanover County Jaycees to conduct fireworks dis- plays at the Jaycee Fair on October 6 and October 8, 1980. A copy of the insurance certificate was furnished to the Commissioners. AWARD OF BID FOR MALATHION FOR HEALTH DEPARTMENT The following bids were received for Malathion for the Health Department: AG-Mark, Inc. wm. F. Strickhouser Company $7,163.65 $7,392.00 The bid was awarded to the low bidder, AG-Mark, Inc. in the amount of $7,163.65. o SUPPLEMENTAL AGREEMENT NO. 2 TO RENTAL CONTRACT WITH FAA Supplemental Agreement No.2, Utility Contract No. DOT-FA77S0-l0720, amend- ing the Contract, with the Federal Aviation Administration for office space at the Airport. AMENDMENT TO CONTRACT WITH G. R. BANDY & ASSOCIATES FOR AIRPARK STUDY At the meeting on July 7, 1980, the Commissioners authorized the renego- tiation of the Contract with G. R. Bandy & Associates for the Industrial' Airpark Study at the Airport to provide for a cash match in place of the in-kind services that were originally to be performed by the Wilmington/ New Hanover Planning Department. The County Manager was authorized to execute the renegotiated Contract and the following budget amendment trans- ferring the additional funds was approved: Debit - Acct. t31 299 00, Unappropriated Fund Balance Credit - Acct. t31 650 04, Professional Services $7,600. $7,600. BUDGET AMENDMENT - HUMAN RELATIONS The following amendment to the Human Relations budget was approved to ac- count for the EEOC Grant funds to implement the Fair Employment Programs for the County: Credit Revenue Acct. HI 349 05 $30,784 0 Credit - Acct. tll 425 02, Salaries & Wages $19,814 Acct. HI 425 04, Professional Services 2,000 Acct. HI 425 05, FICA 1,215 Acct. HI 425 06, Group Insurance 630 Acct. HI 425 07, Retirement 1,585 Acct. HI 425 10, Auto Allowance 525 Acct. HI 425 11, Telephone & Postage 750 Acct. HI 425 12, Printing, Copying & Duplicating 893 Acct. HI 425 14, Travel, Meeting & Schools 1,425 Acct. Ul 425 33, Supplies & Materials 750 Acct. HI 425 53, Dues & Subscriptions 900 Acct. Ul 425 54, Insurance & Bonds 297 o o o MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 (CONTINUED) -", .. ", ,,-"--, , . 663 APPROVAL OF CONSENT AGENDA (CONTINUED), : BUDGET AMENDMENTS - PUBLIC ASSISTAN8E The following amendment in the Public Assistance Budgets to conform with the State's budget figures and authoriz~tion for the Chairman to sign 'the State form: Debit - Acct. *41 350 10, Title XX & CWS Day Care (Reg.) $66,135 Acct. *41 350 12, Family Planning (Purchase) 1,900 Acct. *41 350 14, Programs Staff & Admin. 9,823 Acct. *41 350 16, Title XX & WIN Day Car (100%) 22,701 Acct. *41 350 25, In-Home State (Chore, Homaker) 6,010 Credit - Acct. *41 329 03, State AFDC Fund 12,064 Acct. *41 350 24, State Day Care 13 ,970 Acct. *41 354 00, Title XX Providers (prior Mos.) 1,600 Debit - Acct. *41 609 61, Contingency for Title XX $ 61.15 Acct. *41 610 10, Title XX & CWS Day Care (Reg.) 72,268.00 Acct. *41 610 12, Purchased Services - Fam. Plan 1,500.00 Acct. *41 610 16, Title XX & WIN Day Care (100%) 22,701. 00 Acct. *41 610 21, Service to the Blind 2,017.00 Credit - Acct. *41 609 57, Misca Expense (Spec. Needs) 61.15 Acct. *41 610 18, In-Home State (Chore) 3,981.00 Acct. *41 610 19, State Day Care 13,970.00 RELEASE OF TAX LISTING PENALTIES - THOMASON AND WHILDEN The Commissioners had been furnished copies of correspondence between the Tax Administrator and the following two taxpayers requesting release of listing pen- alties assessed to them for late listing of 1980 taxes: 1. Dan R. Thomason 2. G. J. Whilden $423.71 63.26 Tax Administrator Larry Powell appeared before the Board to answer' questions on the two requests. Comm. Gottovi moved, seconded by Comm. O'Shields to release the penalty for Dan R. Thomason in the amount of $423.71. Upon vote, the motion carried unanimously. Comm. Armistead moved to waive the penalty for G. J. Whilden in the amount of $63.26. Comm. O'Shields moved to deny the release of penalty for G. J. Whilden. The motion died for lack of a second. Chm. Williams seconded Comm. Armistead's motion to release the penalty and upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi, Morgan and Chm. Williams Comm. O'Shields FINAL SUBDIVISION PLAT APPROVAL - HENLEIGH HILLS, SECTION 1 (25-Lot PROVISION) Planning Director Dexter Hayes introduced Mr. Ken Silliman of the Planning Staff who was going to be doing the subdivision work for that department. Mr; Silliman reported that the final plat of Henleigh Hills, Section 1, was granted conditional final approval at the Subdivision Review Committee meeting on August 25, subject to compliance with G. S. 39-30 which provided for the installation of im- provements or the posting of surety with the Clerk of Superior Court prior to the sale of lots in the subdivision. Comm. Gottovi moved that the County receive a copy of the receipt from the Clerk of Superior Court to assure that she had a copy of the surety bond in her possession before the plot plan was approved. The motion died for lack of a second. Attorney Taylor commented. Comm. O'Shields moved to approve the final plat. The motion died for lack of a second. Comm. Gottovi moved, seconded by Cokm. Morgan, to approve Henleigh Hills, Section 1, with the provision that the Superior ~ourtClerk be notified that Henleigh Hills, Section 1, falls under G. S. 39-30 and that she is to enforce it. Upon vote, the motion carried unanimously. 664 MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 (CONTINUED) FINAL SUBDIVISION PLAT APPROVAL - TALL TREE, SECTION 1 (25-LOT PROVISION) Mr. Ken Silliman of the Planning Staff reported that the Subdivision Review Committee had recommended conditional approval of this subdivision at its meeting on August 25, subject to the developer's compliance with G. S. 39-30 which required the installation of improvements or the posting of surety with the Clerk of , Superior Court prior to the sale of lots in the subdivision. Comm. Armistead moved, seconded by Comm. O'Shields, to approve the final plat of Tall Tree Subdivision, Section 1. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Morgan, O'Shields and Chm. Williams Comm. Gottovi FINAL PLAT APPROVAL - BAR HAROUR ESTATES Mr. Ken Silliman of the Planning Staff reported that the Subdivision Review Committee had recommended conditional final approval of this plat at its meeting on August 25 and the developer had complied with the conditions. o Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the final plat of Bar Harbour Estates was unanimously approved. FINAL PLAT APPROVAL - FIGURE EIGHT ISLAND, SECTION 19 - BLOCK A Mr. Ken Silliman of the Planning Staff reported that the Subdivision Review Committee had considered this plat at its meeting on August 25 and recommended conditional approval and that the developer had complied with the conditions. Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the final plat of Figure Eight Island, Section 19 - Block A ~as unanimously approved. BREAK Chm. Williams recessed the meeting for a break from 9:56 o'clock a. m. until 10:10 o'clock a. m. POSITION RECLASSIFICATION, ADDITION OF POSITION AND BUDGET AMENDMENT - PARKS AND RECREATION Mr. Mike waters, Director of Parks and Recreation, appeared before the Board to explain his request for changes in staffing and work programming in the Parks and Recreation Department, County Manager Cooper recommended approval of his requests. o Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the following changes in staffing and work programming in the Parks and Recreation Department along with the transfer of $7,275 from Contingencies to Salaries and Wages to cover the additional costs involved: 1. Reclassify position number 03 from Park Foreman, Code 241, Range 60, to Landscape Supervisor, Code to be assigned, Range 60. 2. Addition of new position of Light Equipment Operator, code to be assigned, Range 56. 3. Change in work program to delay work on Castle Hayne Park and divert those funds to upgrade equipment and facilities at Hugh MacRae Park. Upon vote, the motion carried unanimously. AGREEMENT FOR SERVICES - FOOD STAMP SECURITY At the meeting of August 18 and September 2, 1980, the Commissioners had considered an agreement for providing ~ecurity for food stamps at the Department of Social Services and while in transit to and from the bank or other depository. Action of this agreement had been tabled pending receipt of additional informa- tion on the necessity of such service. The Commissioners had been furnished 0 copies of correspondence from the Director of Social Services which explained, in part, the necessity for this service. Chm. Williams moved, seconded by Comm. Gottovi, to approve the Agreement and authorize execution by the County Manager. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Gottovi, O'Shields and Chm. williams Comm. Armistead and Morgan o o o --~ , , MINUTES OF REGULAR MEETING, SEPTEMBER'15, 1980 (CONTINUED) 665 ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC FUNDING FOR OAR NEIGHBORHOOD JUSTICE PROGRAM Mr. J. R. Fullwood, Chairman of the Offender Aid and Restoration Board of Directors; Board Members Meares Harriss, Jr. and H. G. Grohman; and MSa Barbara Graham, OAR Director, and Mr. Jerry Powell, Director of the Neighbor- hood Justice Program, appeared before the Commissioners to request match monies in the amount of $9,500 to enable OAR to utilize $38,000 in LEAA funds. They explained that this program would provide services to New Hanover County citizens in dispute mediation, victim assistance and restitution verification. They also quaranteed that they had no intention of coming to the county for funding of the Neighborhood Justice Program during the spring of 1981. Comm. Gottovi moved, seconded by Chm.'Williams, to approve a budget amendment transferring $9,500 from Contingencies to Contributions- Other Agencies to fund this program as requested. Upon vote, the motion, carried unanimously. CHANGE ORDERS - LIBRARY CONSTRUCTION CAPITAL PROJECT The Commissioners were given copies of a list of items requested by the Library Building Committee for inclusion in the Library Construction Project. Comm. Armistead moved to postpone these items to the next meeting as it was another example of a last minute request from the Library group that the Commissioners were expected to read, understand and approve, that this had been discussed two or three times with them and they had not changed their policy on it. The motion died for lack of a second. Mr. Bill Faris of Jefferies & Faris, Architects for the Library Construction Project, and Mr. Franklyn Parkinson of the Library Building Committee appeared before the Board to answer questions on the requests. Comm. Gottovi made a substitute motion, seconded by Comm. O' Shields , to approve the following items under A. "Contingency Items - Required for Completion" as requested and~postpone Item B. "Additional Items of Top Priority" and Item C. "Additional Items Considered Highly Desirable if Funds Are Available until the October 6" meeting: 1. Provide electrical Service to entrance and exit gates ------(+) $4,076.00 2. Correct defects in existing second floor slab to level slab for installation of new carpet and vinyl tile (allowance) ------------------------------------------------(+) $3,000.00 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Gottovi, Morgan, O'Shields and Chm. williams Comm. Armistead PROPOSAL FOR SOLID WASTE DISPOSAL Mr. J. L. McDonald appeared before the Board to briefly explain a proposal for solid waste disp~land requested a meeting with the Commissioners to explain his proposal in detail. It was agreed that Mr. McDonald would be on the agenda for the first meeting in Ocbober to present his proposal. The following persons commented: Mr. Ted Sampley County Manager Cooper Mr. Don Blake Mr. C. G. Berry BREAK Chm. Williams recessed the meeting for a break from 11:29 o'clock a. m. until 11:40 o'clock a. m. ADDITIONAL ITEMS (CONTINUED) I DISCUSSION ON PROPOSAL FOR USE OF CAROLINA BEACH LANDFILL SITE The Commissioners discussed the refusal of the Town of Carolina Beach to agree to the County's proposal for use ofithat Town's landfill as an interim site until a long term solution could be~found. Mr. Ted Sampley commented. 666 MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1980 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON PROPOSAL FOR USE OF CAROLINA BEACH LANDFILL SITE (CONTINUED) It was agreed that the County would pursue an extension for use of the present County landfill site adjacent to the Carolina Beach site until a permanent method of solid waste disposal could be worked out. COMM. GOTTOVI TO ATTEND COASTAL ZONE '80 MEETING IN FLORIDA Comm. Gottovi informed the other Commissioners that she was planning to attend the Coastal Zone '80 meeting in Hollywoo~ Florida in November, DISCUSSION ON PLANNING BOARD APPOINTMENT Comm. Gottovi inquired as to the status of the appointment to the Planning Board, and Comm. Armistead reported that the individUal had not yet returned his call. ' ADJOURNMENT Comm. Armistead moved, seconded by Comm. Morgan, that the meeting be ad- journed. Upon vote, the motion carried unanimously. o Chm. Williams adjourned the meeting at 11:57 o'clock a. m. Respectfully submitted, ~,($.~~ Alyce B. Rusmisell MINUTES OF SPECIAL MEETING, SEPTEMBER 26 AND SEPTEMBER 29, 1980 The New Hanover County Board of Commissioners met in Special Session on Friday, September 26, 1980, at 8:00 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; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; Attorney Fred Davenport of the County Attorney's Office; and Clerk to the Board, Alyce B., Rusmisell. No members were absent. o Chm. Williams called the meeting to order and stated the purposes for which the Special Meeting had been called. ADOPTION OF RESOLUTION ACCEPTING ADAP-07 GRANT AGREEMENT Airport Manager R. C. Shackelford, Jr., appeared before the Board to explain and answer questions on the grant offer in the amount of $388,661 from funds ap- propriated under the Airport and Airway Development Act of 1970. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, THE RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT NO. 6-37-0084-07 BETWEEN THE UNITED STATES OF AMERICA AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA, was unanimously adopted. A copy of the Resolution and Grant Agreement are contained in Exhibit Book' VIII, Page 15. APPROVAL OF CHANGE ORDER FOR LIBRARY CONSTRUCTION PROJECT Mr. John R. Jefferies, Architect for the Library Construction Project, appeared before the Board to explain Change Order G-4 to the contract with T. A. Nye & Sons, Inc. which increased the Contract amount by $26,821 and recommended approval by the Board. Comm. Gottovi MOVE~SECONDED by Comm. Armistead, to approve Change Order G-4 0 to the Library Construction Project as recommended and increase the Interest on Investments Account in the Library Capital Project Fund in the amount of $26,821 and add to the Construction Contract $26,821. Upon vote, the motion carried un- animously. A copy of the Change Order is on file in the County Manager's Office. BUDGET, AMENDMENT - PROPERTY MANAGEMENT Comm. O'Shields MOVED to approve the amendment in the Property Management bud- get to record additional funds available for the renovation of the Lucille Shuffler Building.