1981-06-15 Regular Meeting
862
MINUTES OF SPECIAL MEETING JUNE ll, 1981 (CONTINUED)
APPROVAL OF INTERLOCAL AGREEMENTS ,FOR 'NORTHEAST INTERCEPTOR' (CONTINUED)
Chm. O'Shields reported that there was a rush in getting these documents
in because of the cutback in funds and the possibility that the County may
lose the funds if the agreements were not submitted in time.
Comm. Blake MOVED, SECONDED by Comm. Barfield, to"authorize the
Chairman to sign the Agreement with the City of Wilmington and the concurrence
with the agreement between the City of Wilmington and the Town of Wrightsville
Beach. 'Upon vote, the motion CARRIED AS FOLLOWS: e .
.'
Voting Aye: Comm. Barfield, Blake and Chm. O'Shields
Absent: Comm. Armistead and 'Gottovi' ,----- '" " "
Copies of the Agreements are on file in the, County Manager's Office.
o
APPROVAL OF CONTRACT WITH HENRY VON OESEN & ASSOCIATES
County Manager Cooper explained the Contract between the County and
the engineering firm that was required by the State and the EPA and recommended
that the Chairman be authorized to sign the Contract.
Comm. Blake MOVED, SECONDED by Comm. Barfield, that the Chairman be
authorized to sign the Contract with Henry von Oesen & Associates for construction
of the Northeast Interceptor. Upon vote, the motion CARRIED AS FOLLOWS:
Voting Aye:
Absent:
Comm. Barfield, Blake and Chm. O'Shields
Comm. Armistead and Gottovi
A copy of the Contract is on file in the County Manager's Office.
ANNOUNCEMENT OF ACQUISITION OF SITE FOR LANDFILL
Chm. O'Shields announced on behalf'of the County Commissioners that
had reached a,negotiated agreement with the owners of property to be used
a landfill on Hwy. 42l North at a price of $825,000 for approximately,414
"of land. He stated that the Contract for the purchase would be signed at
Monday's Commission meeting.
they
for
acres
The Commissioners, Engineering'Director and County Manager answered
questions from the media on the status of the work on the landfill.
o
ADJOURNMENT
Comm.
adjourned.
Barfield MOVED, SECONDED BY Comm. Blake, that the meeting be
Upon vote, the motion CARRIED AS FOLLOWS:
,I.
Voting Aye:
Absent:
Comm. Barfield, Blake and Ch. O'Shields
Comm. Armistead and Gottovi
Ch. O'Shields adjourned the meeting at 4:55 o'clock p. m.
Respectfully submitted,
~.6./?~
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF REGULAR MEETING, JUNE l5., 1981
Chm' O'Shields called the meeting to order and offered the invocation.
. -- - j
APPROVAL OF MINUTES: SPECIAL MEETING, MAY 27, 1981
Upon MOTION by Corom. Gottovi. SECONDED by Comm. Barfield, the Minutes of the'
Special M~eting of May 27, 1981, were UNANIMOUSLY approved as presented.
o
o
o
MINurES OF SPECIAL MEETING, JUNE l5, 1981 (CQmiIlNUED)
863
APPROVAL OF' CONSENT AGENDA
Upon MOTION by Comm. Blake, SECONDED by Corom. Gottovi, the following
Consent Agenda Items were UNANIMOUSLY approved:
REPORT OF COLLECTOR OF REVENUE THROUGH MAY 3l, 1981
A copy of the Report of the Collector of Revenue through May 3l~ 1981,
as approved is contained in Exhibit Book VIII, Page 43.
TAX ABATEMENTS AND REFUNDS
A copy of the list of Tax Abatements and Refunds as approved is contained
in Exhibit Book VIII, Page 43.
BUDGET AMENDMENT '-REVENUE SHARING
The following budget amendment appropriating additional Revenue Sharing
funds: '
Debit - Acct. #56 349 00, Revenue Sharing
Credit - Acct. #56 575 96, Transfer to Judicial Bldg.
$58l'30l
$58l,30l
BUDGET AMENDMENT '- GENERAL CAPITAL RESERVE
The following budget amendment to close the General Capital Reserve
Fund:
Debit - Acct. #76 299 00, Unappropriated Fund Balance
Credit - Acct. #ll 299 00, Unappropriated Fund Balance
$58,923.l6
$58,923.l6
BUDGET AMENDMENT - SCHOOL CAPITAL RESERVE
The following amendment to close the School Capital Reserve Fund:
Debit
Credit
- Acct. #74 299 00, unappropriated Fund Balance
- Acct. #ll 299 00, Unappropriated Fund Balance
$4,283.05
$4,283.05
BUDGET AMENDMENT - GOVERNING BODY
The following ~endment in the Governing Body budget to appropriate
additional fund"needed through June 30, 1981:
Debit
Credit
- Acct. #11 445 6l, Contingencies
- Acct. #ll 410 l4, Travel, Meet~ngs & Schools
$2,500.
$2,500.
BUDGET AMENDMENT - SHERIFF'S DEPARTMENT/JAIL DIVISION
The following amendment in the Jail budget to appropriate
needed through the end of this fiscal year:
additional funds
Debit - Acct. #ll 329 00, Interest on Investments
Credit - Acct. #ll 520 02, Salaries
$20,000.
$20,000.
BUDGET AMENDMENT - CAPE FEAR TECHNICAL INSTITUTE
The following amendment in the Cape Fear Tech budget to fund unanticipated
year-end expenditures:
Debit - Acct. #6l11 , Contractual Services $ 450.
Acct. #6l25, Fuel-Heating l,900.
Acct. #6130, Insurance - Motor Vehicle 880.
Credit - Acct. #6204, Salaries - Maintenance $ 750.
Acct. #6l26, Water & Electricity l,630.
Acct. #6l27, Motor Vehicle Operation 850.
BUDGET AMENDMENT' - ADMINISTRATION
The following amendment in the Administration budget to cover year-end
postage and telephone for Administration and Governing Body:
Debit- Acct. #11 445 6l, Contingencies
Credit-Acct. #ll 420 ll, Telephone & Postage
$ 650.
$ 650.
PUBLIC HEARING '- PROPOSED BUDGET AND REVENUE SHARING BUDGET FOR 1981/82 "
Chm. O'Shields announced that notice had been given that a public hearing
on the proposed budget and the budget for General Revenue Sharing funds would
be held by the New Hanover County Board of Commissioners at 9:00 a. m., Monday,
June l5, 1981, in the Assembly Room, New Hanover County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, at which time any persons who
wished to be heard on the budget could appear.
864
MINUTES OF REGULAR MEETING, JUNE l5, 1981 (CONTINUED)
PUBLIC HEARING - PROPOSED BUDGET AND REVENUE'SHARING BUDGET FOR 1981/82 (CONTINUED)
County Manager Cooper commented on the proposed budget for fiscal year
1981/82 and the factors that affected the budget.
Tax Administrator Larry Powell commented on the tax base.
Chm. O'Shields opened the floor to the public for comments, and the
following persons appeared before the Board to comment on the proposed budget:
Mr.
Mr.
Lee Johnston spoke on behalf of the Right-to-Vote Association
,
M. H. Vaughan
I
o
There were no other persons present who wished to comment, and Chm. 0' Shields
declared the public hearing closed.
BREAK
Chm. O'Shields recessed the meeting for a break from 9:50 o'clock a. m. until
lO:07 o'clock a. m.
DISCUSSION ON LEGISLATIVE MATTERS WITH REPRESENTATIVE HARRY PAYNE
Mr. Harry Payne, member of the North Carolina House of Representatives,
was present at the meeting, and the commissioners discussed with him various
pending legislative matters that were of concern to New Hanover County.
PUBLIC HEARING - RENAMING OF CAMP WRIGHT ROAD TO GREENVILLE SOUND ROAD
Notice had been given that the New Hanover County Board of Commissioners, in
accordance with N. C. General Statute l53A-240, would hold a public hearing at
9:00 a. m. on Monday, June l5, 1981, in the Assembly Room of the New Hanover County
Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to
consider the renaming of Camp Wright Road in Harnett Township to Greenville Sound
Road.
Planning Director Dexter Hayes'gave the background information on this request
and stated that in the staff's opinion it would be a duplication of name because
of the Greenville Loop Road; and, therefore, the planning staff recommended denial
of the name change.
Chm. O'Shields asked if there was anyone present to speak on this matter,
and the following persons appeared to request approval of the renaming;
o
Mr. J. H. Simmons
Mrs. Rockmere
The following persons spoke in opposition to the name change:
Mrs. Sue Hall
Mrs. Cleon Brown
Comm. Blake MOVED, SECONDED by Comm. Barfield, to continue the public hearing
to the first meeting in July and ask the people who live on the road to vote on
the name. Upon vote, the motion CARRIED AS FOLLOWS:
Voting Aye:
Voting Noe:
Comm. Armistead, Barfield, Blake and Chm.O'Shields
Comm. Gottovi
DISCUSSION ON PROPOSED CABLE TV ORDINANCE
Comm. Blake explained the proposed ordinance that he and Comm. Armistead had.
prepared with the assistance of the County Attorney and the Institute of Government.
Attorney Murchison commented.
ANNOUNCEMENT OF LUNCH BREAK 0
Chm. 0' Shields announced that the Commissioners would take a lunch break '.and
told the people that were at the meeting for budget hearings to come back at
l:30 p. m.
DISCUSSION ON PROPOSED CABLE TV ORDINANCE (CONTINUED)
After further discussion, Chm. O'Shields suggested that the Commissioners
have a work session on the Cable TV Ordinance during the Special Meeting on
June 29.
By common consent, it was agreed to have a work session on the Cable TV
Ordinance during the Special Meeting on June 29.
o
o
o
MINUTES OF REGULAR MEETING, JUNE l5, 1981 (CONTINUED)
865
DISCUSSION ON PROPOSED CABLE TV ORDINANCE (CONTINUED)'
Mr. George Rountree, Attorney, and Mr~ Bill Greene of Vision cable Company
commented.
Mr. David Barefoot, Attorney representing Jones Intercable, commented.
DISCUSSION ON LAND USE PLAN - POLICIES FOR GROWTH AND DEVELOPMENT
Planning Director,Dexter Hayes reported on the proposed Land Use policies
,for Growth and Development. He stated that the draft'needeq'to.be submitted to
Coastal ResoUrces Commission for review ~ior to June 30.
It was agreed by concensus to discuss this plan in a work session at the
Special Meeting on June 29.
"
the:
The following persons commented on changes in the land use classifications:
Mr. Hilary Faw
Mr. M. H. Vaughri
DISCUSSION ON COURTHOUSE RENOVATIONS
County Manager Cooper commented on the grant received for an architectural
plan for the exterior renovation of the Courthouse and requested direction from
the Commissioners on how to proceed with selection of an architect to do the work.
It was agreed by common consent that the County Manager would prepare a
synopsis of the top 3 firms in his opinion and make a recommendation for the
selection of a firm to do the work.
LUNCH BREAK
Chm. O'Shields recessed the meeting for a lunch break from l2:27 o'clock
p. m. until l:l6 o'clock p. m.
DISCUSSION ON SOLID WASTE-TO-ENERGY FACILITY
County Manager Cooper commented on his recommendations for the solid
waste-to-energy facility to be constructed.
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to ask the County
Manager to get a proposal from Post, Buckley, Schuh & Jernigan for the Board to
evaluate as soon as possible. Upon vote, the IlIOtion carried UNANIMOUSLY.
CHANGE IN ELEcrRICAL FEE SCHEDULE
Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the first
paragraph in the Electrical Permit Fee Schedule was changed to read as follows
by UNANIMOUS vote:
"The above fees entitle the permittee to the appropriate number of
inspections for the work performed plus one additional inspection for
corrected work. Permits must be obtained prior to starting work. Any
jobs started without a permit will be subject to a $25.00 late fee in
addition to the normal permit fee. The late fee shall not be construed
as a penalty, but as a charge for additional admiriistrative expense."
CAPITAL PROJECT ORDINANCE - NORTHEAST INTERCEPTOR
County Manager Cooper explained that the interlocal agreements with the
mUnicipalities had been signed and delivered and the grant application for
construction of the Northeast Interceptor had been submitted.
Upon MOTION by Comm. Gottovi, SECONDED by Chm. O'Shields, the Capital
Project Ordinance for the Northeast Interceptor was UNANIMOUSLY adopted.
A copy of the ordinance is Contained in Exhibit Book VIII, Page 43.
SECOND WELL FOR FLEMINGTON WATER SYSTEM
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the contract with
Henry von Oesen & Associates for design/inspection services for the second well
at Flemington was approved and the following Resolution Authorizing the Application
with the State of North Carolina for a Grant Under the North Carolina Clean Water
Bond Act of 1971 was UNANIMOUSLY adopted: ~
866
MINUTES OF! REGULAR MEETING, JUNE l5, 1981 (CONTINUED)
SECOND WELL FOR FLEMINGTON WATER SYSTEM (CONTINUED)
RESOLUTION AUTHORIZING THE APPLICATION WITH THE
STATE OF NORTH CAROLINA FOR A GRANT UNDER THE
NORTH CAROLINA CLEAN WATER BOND ACT OF 1971
WHEREAS, the North Carolina Clean Water Bond Act of 1971 has authorized
the making of grants to aid eligible units of government in financing the cost .
of construction of water supply and distribution'improvements and waste collection
and treatment improvements, and.
WHEREAS, the County of New Hanover has need for arrl intends to construct
a second water supply well in the Flemington area.
o
NOW THEREFORE, BE IT RESOLVED BY THE Board of Commissioners of New
Hanover County.
THAT the New Hanover County Board of Commissioners will arrange financing
for all remaining costs of the project if approved for a state grant award, and
THAT the New Hanover County Board of Commissioners will provide for
efficient. operation and maintenance of the project on completion of construction:
thereof, and
THAT the New Hanover Board of Commissioners will adopt and place into
effect on or before completion of the project'a schedule of fees and charges
which will provide adequate funds for proper operation, maintenance and
administration of the project, and
THAT the New Hanover County Board of Commissioners will place into a
capital reserve fund all surplus revenues from fees and charges in excess of funds
required for operation, maintenance, administration and debt service for the water
system to be used exclusively for expansion of the water system, and
THAT New Hanover County Board of Commissioners is hereby authorized
and directed to furnish such information as the appropriate state agency may
request in connection with such application on the project' to make the assurances
as contained above is authorized to execute and file an application and to execute
such other documents as may be required in connection with the application, grant
offer or grant award, and
o
THAT the New Hanover County Board of Commissioners has substantia~ly
compiled or will substantially comply with all federal, state and local laws,
rules, regulations and ordinances applicable to the project and to federal and
state grants and loans pertaining thereto; and hereby authorizes the County Manager
to execute an affidavit so stating.
Adopted this l5th day of June 1981.
FINAL PLAT APPROVAL - BARTON OAKS, SECTION 2
Mr. Ken Silliman of the Planning Department reported that the Planning Board
had considered the final plat of Barton Oaks, Section 2, at its meeting on
June 4 and recommended approval. He'also reported that the developers had
submitted the required improvements cost estimate since all of the improvements
were not complete.
Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the final plat of
Barton Oaks, Section 2, was UNANIMOUSLY approved.
FINAL PLAT APPROVAL - RAINTREE, SECTION 1
Mr. Ken Silliman of the Planning Department reported that the Planning Board 0
had considered the final plat of Raintree, Section l, at its meeting on June 4 , I
and recommended approval. He also reported that the estimated cost of improvements
had been submitted since the improvements were not complete.
Upon MOTION by Chm. O'Shields, SECONDED by Comm. Blake, the final plat of
Raintree, Section l, was UNANIMOUSLY approved.
o
o
o
MINUTES OF REGULAR MEETING, JUNE 15, 1981 (CONTINUED)
867
,",
ADDITIONAL ITEMS
AUTHORIZATION FOR ACQUISITION OF LANDFILL SITE
Attorney Murchison explained that the Board needed to act on a motion
authorizing the acquisition from the,Fleming and Royal heirs of a tract of
4l6.4 acres along U. S. Hwy. 42l along Fishing Creek for the sanitary
landfill at a price of $825,000 and approving substantially the form of the
deed attached to these minutes and authorizing the County Finance Officer
to pay that sum upon receipt of the executed deed and to direct the County
Attorney to terminate the condemnation proceedings. He reported that the
sellers made no warranty as to the suitability of the property conveyed
for a sanitary landfill and they also made the deed subject to 1981 County
taxes, but he had asked their attorney to strike out that provision and
let them pay the taxes for this year.
Comm. Armistead MOVED, SECONDED by Comm. Barfield, to authorize the
acquisition from the Fleming and Royal heirs of a tract of land approximately
4l6.4 acres .along U. S. Hwy. 42l along Fishing creek for a sanitary landfill
at a price of $825,000 and approve substantially the form of the deed as
attached to these minutes (Copy of the fonn of Deed is contained in Exhibit
Book VIII, Page 43); to authorize the County Finance Officer to pay the sum
of $825,000 upon receipt of the executed deed and to direct the County
Attorney to terminate the condemnation proceedings. Upon vote, the motion
carried UNANIMOUSLY.
REPORT ON PROGRESS OF TITLE EXAMINATIONS FOR NORTHEAST INTERCEPTOR
Attorney Murfhison reported on the progress of the title examinations
for acguisitio~rights of ways for the Northeast Interceptor.
RECESS FOR BUDGET DISCUSSION
Comm. Gottovi MOVED, SECONDED by Comm. Blake,
budget discussions. Upon vote, the motion carried
to recess the meeting for
UNANIMOUSLY.
~
o'clock :p.m.
~
,
Chm. O'Shields recessed the meeting for budget discussions at 2:05
RECONVENING OF REGULAR MEETING
Comm. Armistead MOVED, SECONDED by Chm.O'Shields, to reconvene the Regular
Meeting. Upon vote, the motion carried UNANIMOUSLY.
Chm. O'Shields reconvened the meeting at 2:45 o'clock p. m.
BREAK
Chm. O'Shields recessed the meeting for a break from 2:45 o'clock p. m. until
2:56 o'clock p. m.
ADDITIONAL ITEMS (CONTINUED)
ENDORSEMENT OF HE 1173' FOR PURCHASE AND MAINTENANCE OF COASTAL LANDS
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the Board endorse
HE l173 entitled "An Act to Establish a Program to Purchase and Maintain
Coastal Lands subject to Natural Hazards for Beach Access and Use" and send
a letter to Representatives Payne and Rhodes to that effect. Upon vote, the
motion carried UNANIMOUSLY.
APPOINTMENT TO COASTAL RESOURCES ADVISORY COUNCIL
Comm. Gottovi reminded the Board that someone needed to be appointed
to fill the vacancy on the Coastal Resources Advisory Council.
Upon MOTION by Chm,' O'Shields, SECONDED by Comm. Armistead, Gary Cannon was
UNANIMOUSLY appointed to represent New Hanover County on the Coastal Resources
Advisory Council.
LETrER TO LEGISLATORS CONCERNING REDISTRICTING BILL
It was agreed by concensus to write a letter to the County's Legislative
Delegation concerning the Congressional Redistricting Bill.
PROCLAMATION - LAW ENFORCEMENT AWARENESS WEEK
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to proclaim the week
of June l5 as Law Enforcement Awareness Week. Upon vote, the motion c,arried
UNANIMOUSLY.
DISCUSSION ON FOUNTAINHEAD ADULT BOOK STORE
Comm. Blake commented on the letter the Commissioners had received
concerning the Fountainhead Adult Book Store.
After discussion it was agreed that the County Manager would investigate
and report back to the Commissioners.
868
MINUTES OF REGULAR MEETING, JUNE l5, 1981 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
APPOINTMENT TO SOUTHEASTERN MENTAL HEALTH AREA BOARD
Comm. Barfield reported that he was going to appoint Mr. J. R. Fullwood
to the Southeastern Mental Health Area Board and requested that the Commissioners
suggest some other names of people for appointment to future vacancies on the
Board.
DISCUSSION ON GUIDELINES FOR APPOINTMENT TO CARDINAL HEALTH AGENCY
Chm. O'Shields commented on the nominations for appointments to the
Cardinal Health Agency and the Commissioners discussed the guidelines for
appointments.
o
AUTHORIZATION FOR COUNTY MANAGER TO SIGN CONTRACTS FOR SUMMER YOUTH EMPLOYMENT
County Manager Cooper commented on the contracts between the County and
the City of Wilmington for the CETA Summer Youth Program and requested
authorization to sign the contracts.
Chm. O'Shields MOVED, SECONDED by Comm. Barfield, to authorize the County
Manager to sign the Contracts with the City of Wilmington for the CETA
Summer Youth Employment Program. Upon vote, the motion carried UNANIMOUSLY.
Copies of the Contracts are on file in the County Mani'lger',s Office.
REAPPOINTMENT OF LARRY PCMELL AS TAX SUPERVISOR
County Manager Cooper reported that the Commissioners needed to appoint
the Tax Supervisor and recommended that Larry Powell be reappointed.
Comm. Blake MOVED, SECONDED by Cbrn. O'Shields, to reappoint Larry Powell as
Tax Supervisor for the next two years. Upon vote, the motion carried
UNANIMOUSLY.
WILBUR E. BRYANT PROPERTY TAX APPEAL
Chm. O'Shields MOVED, SECONDED by Comm. Blake, to accept the Tax
Administrator's recommendation and reduce the valuation to $300 on property
owned by Mr. Wilbur E. Bryant and located at llth and Dawson Streets. Upon
vote, the motion carried UNANIMOUSLY.
o
DISCUSSION ON NACo CONFERENCE IN LOUISVILLE, KY. AND NCACC CONFERENCE IN
WINSTON SALEM
County Manager Cooper commented on the reservations for the NACo Annual
Conference in Louisville, Ky. and asked the Commissioners to let him know as
soon as possible whether or not they plahned to attend the the NCACC Annual
Conference in Winston Salem.
DISCUSSION ON TEMPORARY HELP IN THE CLERK'S OFFICE
County Manager Cooper commented on the additional work in the Clerk's
Office and that he had providad'some temporary help for the time being.
EXECUTIVE SESSION
Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that the meeting be
recessed to Executive Session to discuss personnel matters. Upon vote, the
motion carried UNANIMOUSLY.
Chm4 O'S~ields recessed the meeting to Executive Session at 3:30 o'clock
p. m.
Chm. O'Shields reconvened the meeting to Public Session at 4:l0 o'clock
p. m.
ADJOURNMENT
Comm. Blake MOVED, SECONDED by Comm. Gottovi, that the meeting be
adjourned. Upon vote, the motion carried UNANIMOUSLY.
o
Chm. O'Shields adjourned the meeting at 4:l0 o'clock p. m.
Respectfully submitted,
-t3./?~
~Rusmisell
Clerk to the Board