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1980-11-17 Regular Meeting 702 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1980 ASSEMBLY , , , The New Hanover County Board of Commissioners met in'Regular Session on Monday, November 17, 1980, at 9:00 o'clock a.m. in the Assembly Room, New Hanov~r 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; 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. G. L. Pridgen of First United Pentecostal Church offered the invocation. ~ APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 3, 1980 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Morgan, the Minutes of the Regular Meeting of November 3, 1980, were UNANIMOUSLY approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, NOVEMBER 10, 1980 Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the Minutes of the Special Meeting of November 10, 1980, were UNANIMOUSLY approved as presented. APPROVAL OF CONSENT AGENDA Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the following Consent Agenda items were UNANIMOUSLY approved: REPORT OF COLLECTOR OF REVENUE THROUGH OCTOBER 31, 1980 The Report of the Collector of Revenue through October 31, 1980, is contained in Exhibit Book VIII, Page 20. TAX ABATEMENTS AND REFUNDS The list of Tax Abatements and Refunds as approved is contained in Exhibit Book VIII, Page 21. BUDGET AMENDMENT - PARKS & RECREATION The following amendment in the Parks & Recreation budget to increase the Automobile Supplies Account to cover expenses that were not anticipated 0 when the budget was prepared and to increase the Capital Outlay-Equipment Account to purchase a surplus vehicle from the Department of Transportation for general maintenance use: Debit Credit - Acct. Acct. Acct. 1111 1111 1111 6120 632, 6120 422, 6120 642, Capital Outlay - Other Improvements Automobile Supplies Capital Outlay - Equipment $3,200 $2,000 $1,200 CERTIFICATION OF PUBLIC RECORDS IN REGISTER OF DEEDS OFFICE Mrs. Lois LeRay, Registrar of Deeds, appeared before the Board to answer questions from the Commissioners and explained that Chapter 161-18 of the N. C. General Statutes required the Board of Commissioners approval and certification of public records that had been recopied and merged. Mrs. LeRay reported that, with Board approval, her office had merged, consolidated and caused to be printed from computer tapes generated by Cott Index Company of Columbus, Ohio, indexes from January 1954 through December 1977 into one closed index. This index had been in use since the spring of 1978 with the old indexes available, and now she planned to store the old original indexes .' Comm. Morgan MOVED, SECONDED by Comm. O'Shields, to approve the, Indexes of January 1954 through December 1977 ,as the official public record in the Register of Deeds Office. Upon vote, the motion carried UNANIMOUSLY. TABLING OF APPOINTMENT OF INDEPENDENT AUDITORS , Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields,rthe appointment of a firm to perform the annual independent audit for New Hanover County was UNANIMOUSLY tabled at the request of the County Manager until he could resolve some questions that he had. o TABLING OF LEASE WITH CAPE FEAR SUBSTANCE ABUSE FOR OUTDOOR EDUCATION PROGRAM Flo Stein, Executive Director, of the Cape Fear Substance Abuse Center, presented a slide presentation of the Outdoor Education Program being conducted on property leased from the County in the area of the Juvenile Services Center. Ms. Stein answered questions from the Commissioners and requested execution of a new lease agreement for another year. o o o MINUTES OF REGULAR MEETING, NOVEMBER 17, 1980 (CONTINUED) 703 TABLING OF LEASE WITH CAPE FEAR SUBSTANCE ABUSE FOR OUTDOOR EDUCATION PROGRAM (CONTINUED) Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to 'table execution of the new lease agreement and let it continue on a mOnth to month basis'as recommended by the County Manager until more information waB,obtained from the State to ascertain whether or not the property would be needed in conn~ction with the landfill operation. Upon vote, the motion' carried ,eUNAl,IMOUSLY. APPROVAL OF CONTRACT FOR ENGINEERING SERVICES AT THE AIRPORT The Airport Manager appeared before the Board to explain and answer questions from the Commissioners on the Contract with Talbert, Cox and Associates for engineering services in connection with renovations to the Airport Terminal Building. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Morgan, the Chairman was authorized to execute the Contract with Talbert, Cox and Associates for engineering services in connection with renovations to the Airport Terminal Building, and the following amend- ment was approved in the Airport budget to appropriate State Grant Funds and provide additional matching funds to be included with the $35,000 already budgeted for the project by UNANIMOUS vote: Revenue: State Grant Funds $50,500 Debit Credit - Acct. #31 299 00, Unappropriated Fund Balance Acct. #31 650 15, M & R - Buildings and Grounds $15,500 $15,500 TABLING OF LEASE AGREEMENT WITH JETSTREAM COMPANY The Airport Manager and Mr. Ed Samuels, partner of Jetstream Company, the proposed lessee, appeared before the Board to explain that company's proposal and answer questions from the Commissioners. The proposed lease had been properly advertised and no upset bids had been received. County Attorney Fox commented on the legal aspects of the proposed Lease Agreement. Comm. Gottovi MOVED to advertise for the next meeting the current crash-rescue building hangar and the terms of the proposal. Comm. Gottovi clarified her motion as outlined by Comm. Armistead to advertise for the December 1 meeting the lease for the rental of the old Air Force hangar on the Airport property; that the lease should include deposit money in an amount to be negotiated; the monthly payments to be negotiated, and the,personal endorsements of the principals in the corporation and their mates. Comm. Morgan SECONDED the motion and upon vote, the' motion carried UNANIMOUSLY. BREAK Chm. Williams recessed the' meeting for a break from 10:24 o'clock a.m.' until 10:40 o'clock a.m. AWARD OF BID FOR CONSTRUCTION OF CRASH-FlRE-RESCUE QUARTERS The Airport Manager appeared before the Board to report on the bids received for construction of temporary crash-fire-rescue quarters. A copy of the bid tabulation is contained in Exhibit Book VIII, Page' 22. Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to award the contract for the construction of the Crash-Fire-Rescue building to Raysand Building Corporation in the amount of $53,600; that part of the funds be taken from the ADAP contingency fund in the Airport budget with the balance to come from unappropriated fund balance; and for the County Manager and Airport Manager to determine whether or not the additional reinforcement was needed, and if not,the Contract be awarded less the deductible amount of $3,600.Upon vote, the m~tion carried UNANIMOUSLY. DISCUSSION ON INVITATION TO PARTICIPATE ON SIGN STUDY COMMITTEE WITH CITY OF WILMINGTON Chm. Williams commented on the letter she had received from Mayor Ben Halterman of the City of Wilmington inviting the County to participate in a committee to study off-premises.sign regulations. The Commissioners agreed that they would like to see the following persons participate on the committee: Comm. Jan Morgan Mr. M. H. Vaughan A Planning Staff member :704 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1980 (CONTINUED) DISCUSSION ON INVITATION TO PARTICIPATE ON SIGN STUDY COMMITTEE WITH CITY, OF WILMINGTON (CONTINUED) Comm. Gottovi requested later in the meeting that a representative from the Clean Community Comnission also be asked to serve on the sign committee. Comm. Morgan commended the Planning Director for the information he had gathered and presented to the Commissioners at the last meeting pertaining to current sign regulations and sign regulations in other areas. AGREEMENT WITII CITY OF WILMINGTON FOR LAND USE PLAN UPDATE The Planning Director explained the Agreement with the City of Wilmington for planning services in connection with the 'Land Use Plan Update. o Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Resolution Authorizing Execution of Contracts for Planning Services for Continued Development of City-COunty Land Use Plan and Policies was UNANIMOUSLY adopted: WHEREAS, the County Commissioners of the County of New Hanover, North Carolina recognize the need to plan for orderly growth and development of New Hanover County, and, WHEREAS, the County Commissioners have reviewed a proposed contract with the North Carolina Department of Natural Resources and Community Development and a proposed subcontract with the City of Wilmington for the provision of planning services necessary for the continued development of a City-County Land Use Plan and Policies. Now therefore BE IT RESOLVED: by the Board of County Commissioners of New Hanover County, North, Carolina: 1. That said contracts are hereby approved. 2. That the Chairman of the Board of County Commissioners is hereby authorized to execute said contracts and do all things necessary on behalf of New Hanover County, North Carolina, for the su~cessful and timely completion of the project. o DENIAL OF REQUEST FOR RELEASE OF TAX LISTING PENALTY The Tax Administrator appeared before the Board to explain the request from Gulf Oil Corporation for the release of penalty in the amount of $10,958.57 for late listing of 1980 taxes. Comm. Armistead MOVED, SECONDED by Comm. O'Shields, not to waive the listing penalty.. Upon vote, the motion carried UNANIMOUSLY. DISCUSSION ON TAX EXEMPTION FOR SENIOR CITIZENS Comm. Gottovi requested information from the Tax Administrator on the number of requests he had received for senior citizen tax exemption since the deadline for requesting the exemption. , Comm. O'Shields reported that the NCACC was looking into trying to get some changes made in regard to the senior citizens exemption. Mr. W. N. Jordan commented. FINAL PLAT APPROVAL - PINE VALLEY ESTATES - SECTION 24-B (25 LOT PROVISION) Mr. Ken Silliman of the Planning Staff reported that the Planning Board had considered the final plat of Pine Valley Estates, Section 24-B at its meeting on November 6, 1980, and recommended approval. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the final plat of 0 Pine Valley'Estates, Section 24-B, was UNANIMOUSLY approved. FINAL PLAT APPROVAL - MONTEREY HEIGHTS - SECTION 10 (25 LOT PROVISION) Mr; Ken Silliman of the Planning Staff reported that the Planning Board had considered the final plat of Monterey Heights, Section 10 at its meeting on November 6, 1980, and recommended approval. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the final plat of Monterey Heights, Section 10, was UNANIMOUSLY approved. . .~.,_. o o o M.r~TES OF REGULAR MEETING, NOVEMBER 17, 19,80 (CONTINUED) FINAL PLAT APPROVAL - GREENBRIAR, SECTION 2-B (25 LOT PROVISION) Mr. Ken Silli.man'of the Planning 'Staff 'reported 'that,the"Planning Board had considered the final plat of Greenbriar, Section 2-B, at its ,meeting on November 6, 1980, and recommended approval subject to the Clerk of Superior Court's being notified that this subdivision must comply with GS 39-30. 705 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Gottovi, the final plat of Greenbriar, Section 2-B, was UNANIMOUSLY approved. RESOLUTION AUTHORIZING THE DEVELOPMENT OF HUGH MACRAE PARK AND ASSURANCE OF COMPLIANCE FOR GRANT APPLICATION The Director of Parks and Recreation appeared before the Board to explain and answer questions on the' proposed application to the Heritage Conservation and Recreation Service, Department of Interior of the U. S. Government for a development grant for Hugh MacRae Park. Upon MOTION by Comm. Armistead, SECONDED by Comm. Morgan, the following Resolution Authorizing the Development of Hugh MacRae Park by the New Hanover County Board of Commissioners was UNANIMOUSLY adopted and the Chairman authorized to execute the U. S. Department of the Interior Assurance of Compliance (Title VI, Civil Rights Act of 1964). WHEREAS', the Land and Water Conservation Fund Act of 1965 provides for the making of grants by the Heritage Conservation & Recreation Service, Department of Interior of the United States Government to States and to local municipalities in support of Outdoor Recreation projects and such funds are available after approval of the appropriate State Agency and the Heritage Conservation & Recreation Service; and WHEREAS, the State is required to insure that there will be no discrimination against any person of any race, color, sex; creed, or political' affiliation; and WHEREAS, the Board of Commissioners of New Hanover County realizes that recreation facilities are not adequate to meet the minimum recreational needs of the peopl~ of New ~anover County; and ',., I WHEREAS, it is believed that said Commissioners with the assistance of the general public is'now in a position to lend full support to the developmen~ of a New Hanover County park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA: (1) That an application be made to the Heritage Conservation and Recreation Service, Department of Interior of the U. S."Government through the State of North Carolina for a development grant of $30,490.00 which represents fifty percent (50%) of' all cost, $60,980.00 including preparation, plans and construction of recreational facilities to be completed in the fiscal year 1980-1981. (2) That the County Manager of New Hanover County be authorized arid directed to file such application on behalf of New Hanover County, to provide additional information and to furnish SUCD documents as may be required by the Heritage , Conservation & Recreation Service and the State of North Carolina and to act ,as' the authorized correspondent of New Hanover County. (3) That the Director, Heritage Conservation & Recreation Service, Department of Interior of the United States Government be, and hereby is assured of "full compliance by the applicant with the regulations promulgated pursuant to Title VI of Civil Rights Act of 1964: CONTRACT FOR REIMBURSEMENT OF CAMA PERMITS Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, execution of the Agreement between the County and the Department of Natural Resources and Community Development of the State of North Carolina for reimbursement of expenses incurred in issuing CAMA permits was UNANIMOUSLY authorized. A copy of the Agreement is on file in the County Manager's office. RECLASSIFICATIONS AND NEW POSITIONS IN THE HEALTH DEPARTMENT Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following new positions and reclassifications based upon deleting a Public Health Nursing Supervisor II position were UNANIMOUSLY approved: 1. Establish 3 Community Health Assistant positions 2~ of the positions to be funded by the County Cost for 16 pay periods $12,500 706 MINUTES OF REGULAR MEETING, NOVEMBER 17; 1980 (CONTINUED) RECLASSIFICATIONS AND NEt? POSITIONS IN THE HEALTH DEPARTMENT (CONTINUED) ~ Community Health Assistant position to be paid by COG Grant, with the programs and services per- formed by this ~ position terminating when funds are no longer available ($6,300) AWARD OF BID FOR MOVING LIBRARY The Commissioners had been furnished copies of the bid proposals and tabulations of bids received for moving the Library contents to the new Library. The proposals had been reviewed by the Library Director, Finance Officer and Asst. County Manager, and they recommended the contract be awarded to the second low bidder, Farrar Transfer & Storage in the amount of $13,682 based upon their plan and previous experience in moving a library in 1967. Mr. Ed Efird of Cardinal Moving & Storage, the low bidder, appeared before the Board to explain and answer questions on that company's proposal. Comm. Morgan MOVED, SECONDED by Comm. Armistead, to award the Contract to the lowest bidder, Cardinal Moving & Storage Company, in the amount of $12,400. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Morgan, O'Shields and Chm. Williams Comm. Gottovi o A copy of the bid tabulation and proposals is contained in Exhibit Book VIII, Page 23. DESIGNATION OF LOCATION FOR NORTH CAROLINA ADMINISTRATIVE CODE In the 1980 Short Session of the General Assembly, funds were provided and authorization given for the Attorney General to produce and distribute, in microfiche form, the State's Administrative Code and ,provide a copy of the code and a Microfiche reading machine to each County at no cost to the County to be maintained for public inspection. Upon MOTION b~ Comm. Gottovi, SECONDED by Comm. Armistead, the New Hanover County Public Library was designated as the location for NEw Hanover County's copy of the State's Administrative Code and Microfiche reading machine by a UNANIMOUS vote. APPROVAL OF ISSUANCE OF REVENUE BONDS FOR DIAMOND SHAMROCK CORPORATION Comm. Armistead asked whether or not he should be excused from voting on this item since he was an employee of Diamond Shamrock Corporation, and the County Attorney advised that he did not need to be excused from voting. County Attorney, James C. Fox, a representative of the New Hanover County Industrial Facilities and Pollution Control Financing Authority appeared before the Board and advised the Board of the Authority's adoption of a resolution expressing its intention 0 to issue revenue bonds and authorizing the ,execution and delivery of an inducement agreement pertaining to the financing of an industrial project and a pollution control project for Diamond Shamrock Corporation. The representative delivered copies of the resolution and the inducement agreement to the Board. A discussion of the project took place. Commissioner CLAUD O'SHIELDS, JR., introduced the following resolution which was read at length: o o o ~ .,. 707 MINUTES OF REGULAR MEETING, NOVEMBER 17,,)980 (CONTINUED) l' " APPROVAL OF ISSUANCE,OF REVENUE BONDS FOR,DIAMOND SHAMROCK CORPORATION (CONTINUED) WHEREAS, the Board of County Co~issibners has created a political subdivision and body corporate and politic of the State of North Carolina known'as "The New Hanover County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"); and WHEREAS, the Authority is authorized under the Industrial and Pollution Control Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina (the "Act"), to issue revenue bonds for the purpose, among,others, of paying all or any part of the cost of any industrial or pollution control project 'for industry; to acquire, construct, improve and equip 'any such project; and to make and execute financing agreements, security documents and other contracts and inshruments necessary or convenient in the exercise of such powers; and WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a portion of the costs of thp acquisition, construction and equipping of an expansion of the Castle Hayne Plant socium bichromate production facilities of Diamond Shamrock Corporation (the "Project"), including, among other things, (a) a ,new raw material handling system (the "Industrial Project"), and (b) an electrostatic precipitator, residue dryer cyclones, a ball mill cyclone, a bag filter, a sand filter, mist eliminators, vacuum filters, pumps, quench tank scrubbers, sewage and solid waste disposal facilities and other air'and water pollution control facilities and functionally related and subordinate equipment (the "Pollution Control Project"); and WHEREAS, the Authority intends to file an application for approval of the Industrial Project and the Pollution Control Project with the Secretary of the Department of Commerce (the "Department"), as required by the Act; and WHEREAS, the Department has, by regulation, provided that'no application for approval of a project will be officially received until the governing body of the county,from which the application is made has, by resolution, approved in principle the proposed project and a certified copy of such resolution has been providedcto the Department; and WHEREAS, the Board of County Commissioners desires to approve the Industrial Project and the Pollution Control Project in principle; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of New Hanover, as follows: (1) The Industrial Project and the Pollution Control Project are hereby approved in principle. (2) The Clerk of the Board of Commissioners is hereby authorized and directed to provide a certified copy of ,this resolution to the Department. (3) This resolution shall take effect immediately upon its passage. Commissioner CLAUD o 'SHIELDS, JR. moved the passage of the foregoing resolution and Commissioner ELLEN C. WILLIAMS seconded the motion, and 'the resolution was passed by the following vote: Ayes: Nays: Armistead, Gottovi, Morgan, O'Shields, and Williams None ,', i~i: ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC PROPOSAL FOR REGIONAL SOLID WASTE DISPOSAL SYSTEM Comm. Gottovi commented on the memo she had written to the Commissioners submitting a proposal for a Regional Solid Waste Disposal System. f T" .-- Comm. Armistead MOVED, SECONDED by Comm. 'Morgan, to take Comm"'Gottovi's proposal as the Board's current thinking; give it to Jerry Ramsey and let him take it as :,':',-wa. gui4eJ,i.n.e, eta ,get, ..fee~bac!<, j':r:onLt<he, ,ot:!).,lM' ,C;:oUIl,ties ,a.nd,c1:>;ringA~hat "back;:. then New ,Hanover CountyCwould in turn"take that and start applying more specifics to it. Upon vote, the motion carri':.4:1lJ~~.IMOU:SL}. :,'.',. -,.. ",.. - :: , A 'ocoI>Y' of ..the ,proposal is contained in Exhibit Book VIII, Pagce 24. 1'-h_-. {'~U";- i: i-..,,~ ~:... -r~ '" i :- . !~[: ' _ .._::>~ ;:: .:,':' '7 . _. '. ~.s:!:.'l 708 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1980 (CONTINUED) DISCUSSION ON CONSULTANT'S REPORT AND EPA TECHNICAL PANEL REPORT County Manager Cooper reported that he hoped'a draft of the Consultani's'solid waste report would be in by the end of November with the final report issued before the Christmas Holidays. He also reported that he had received a copy of the EPA Technical Panel's Report commenting on specific fields that the County was looking into concerning solid waste disposal. DISCUSSION ON LANDFILL HOURS County Manager Cooper reported on practices at the landfill concerning the hours of operation and charges made ,to people bringing in small loads of trash for disposal. o REQUEST FOR UPDATE ON COMPLETION DATE FOR FLEMINGTON 'WATER SYSTEM' Mr. W. N. Jordan and Mrs. Eva Yates requested information on the proposed completion date for the Flemington water system, and the County Manager reported that it was hoped they would have water running to houses by the end of December. He also commented on the necessity of getting the signed easements from the property owners as soon as possible to prevent any further delays. EXECUTIVE SESSION Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the meeting be recessed to Executive Session to discuss committee appointments and litigation matters. 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 12:08 o'clock p.m. Chm. Williams reconvened the meeting to Public Session at 12:55 o'clock p.m. APPOINTMENTS TO PLUMBING BOARD, HOSPITAL BOARD AND OAR BOARD Upon MOTION by Comm. Armistead, SECONDED by Chm. Williams, the following Committee Appointments were UNANIMOUSLY approved: New Hanover Memorial Hospital Board of Trustees Mr. Dan Cameron Mrs. Ellen C. Williams o Plumbing Board of Examiners Mr. H. G. Herring Offender Aid and Restoration Board of Directors Mr. Meares Harriss, Jr. Mr. Bill Jessup 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 12:56 o'clock p.m. Respectfully submitted, ~..,-c.. ,8. ~.fI"':.;/~ Alyce B. Rusmisell Clerk to the Board MINUTES ,OF REGULAR MEETING, DECEMBER 1, 1980 o ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 1980, at 7:00 o'clock p.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; 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. Graham McChesney of Windermere Presbyterian Church offered the Invocation.