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1981-09-08 Regular Meeting MINUTES OF REGULAR MEETING CONTINUED TO AUGUST 20, 1981 (CONTINUED) APPOINTMENT OF CHM. O'SHIELDS TO LOWER CAPE FEAR WATER & SEWER AUTHORITY AND COMM. BLAKE, TO CAPE FEAR TECHNICAL INSTITUTE BOARD OF TRUSTEES Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that Chm. O'Shields be appointed to the Lower Cape Fear Water & Sewer Authority to fill an unexpired, term and Comm. Blake be appointed ,to an,8-year term on the Cape Fear Technical Institute Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. 909 o RATIFICATION OF CONTRACT WITH DUPLIN COUNTY FOR LAW ENFORCEMENT Comm. Armistead MOVED, SECONDED by Comm. Barfield, to ratify a contract between New Hanover County and Duplin County by and between the Finance Officer and Personnel Officer of each County. Pursuant to General Statute Chapter l60A, Article 20, the term of said contract being as follows: l. Purpose - l.aw Enforcement Assistance 2. Duration - Upon agreement of each County 3. Personnel - Appointed by Sheriff of each County 4. Financing - To be borne by Duplin County Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 'j' ~[r: :-" " AUTHORIZATION FOR DISPOSAL OF REGISTER OF DEEDS EQUIPMENT Comm. Armistead MOVED, SECONDED by Comm. Blake, to authorize the disposition of the following property in the Register of Deeds Office: 1 Kodak Reader/Printer - Serial #3247 to be sold to Northampton County, North Carolina for the price of $l,649.00. and to authorize the sale of the following property to South Carolina, subject to the receipt of a deposit of of the offer and allowance of a ten day upset period: Horry County i 5% and publication j o 3 Kodak Reader/Printers - Serial #2607 - $l,240.30 - Serial I/l742 - $l,l64.00 - Serial #3ll3 - $l,576.25 l- Kodak Reader - Serial #388l - $2,ll~.83 Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT- Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that the meeting be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. O'Shields adjourned the meeting at ll;32 o'clock a. m,' Respectfully submitted, ~)5.'11~ Alyce B. Rusmisell, Clerk ' MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 o ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 8, 1981, at 7:00 o'clock p. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. (This meeting date was changed from'Monday, September 7, 1981, due to the Labor Day holiday.) Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr. County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order and offered the invocation. 910 MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED)' APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST l7, 1981, AND CONTINUED MEETING ON AUGUST 20, 1981 Comm. Armistead requested that he be excused from voting,on the Minutes, of August l7, as he did not attend the meeting. By common consent Comm. Armistead was excused from voting. Comm. Gottovi MOVED, SECONDED by Comm. Blake, to approve the Minutes of the Regular Meeting of August l7, 1981, and continued meeting on August 20, 1981, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Abstaining: Comm. Barfield, Blake, Gottovi and Chm. O'Shields Comm. Armistead o APPROVAL OF CONSENT AGENDA Upon ~IOTION by Comm. Blake, SECONDED by Comm. Barfield, the following Consent Agenda items were UNANIMOUSLY approved'. APPROVAL OF CONTRACT WITH TALBERT, COX & ASSOC. FOR PIPE LINING AT AIRPORT Approval was given and the Chairman was' authorized to execute the Contract with Talbe~t, ,Cox & Associates, Inc. for engineering services ,to complete_the pipe lining and restoration of deteriorating-storm drainage_lines under ~unway 5-23' at,the Airport. A copy of the Contract is on file in the County Manager's Office. APPROVAL OF DETENTION SUBSIDY AGREEMENT - JUVENILE SERVICES CENTER Approval was given and the County Manager authorized to execute the Detention Subsidy Agreement with the Department, of, Human Resources for the Juvenile Services Center. A copy of the Agreement is on file in the County Manager's Office. AWARD OF BID ON X-RAY UNIT FOR HEALTH DEPARTMENT The following bids were received on an X-ray unit for the Health Department: Cardinal X-Ray Corporation C. ~. Harris & Son, Inc. Lee X-Ray Company General Electric H & H X-Ray Sales and Service Picker Corporation B & B X-Ray $l5,lOO. l6,700. l6,l98'. 3l,000. l8,659. 27,576. l5,426.40 o The bid was awarded to Lee X-Ray Company of Greensboro for a Transworld X-Ray XAl-5020 unit in the amount of $l6,l98 as, recommended by the Health Director. AMERICAN ENTERPRISE DAY PROCLAMATION The Chairman was authorized to sign a joint proclamation with the Mayor of Wilmington ,declaring October 2, 1981, as American Enterprise Day. LEASE WITH CORPS OF ENGINEERS FOR SNOWS CUT PARK Approval was given and the County Manager authorized to execute the 25-year lease with the Corps of Engineers for the property at Snows Cut Park. A copy of the Lease is on file in the 'County Manager's office. APPROVAL OF CONTRACT WITH COUNCIL OF GOVERNMENTS FOR SENIOR CENTER Approval was given and the County Manager authorized to execute a Contract with the Council of Governments for Title III-B Social Services, Senior Center Renovation. o A copy of the Contract is on file in the County Manager's Office. MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM SR-2 Resolutions were adopted requesting the addition of the following roads to the State Secondary Road System: 911 French Road and Sycamore Street in Greenwood Estates Sutton Lake Access Road Copies of the Resolutions are on file in the Clerk's Office. o APPROVAL OF PUBLIC SCHOOLS INCREASE IN CAPITAL OUTLAY EXPENDITURE BUDGET Approval was given for the Public Schools Capital Outlay expenditure budget and appropriated fund balance to be increased by $l2,OOO to appropriate funds received from the sale of the Ressie Lee Pope property on Market Street. APPROVAL OF RENTAL AGREEMENT FOR PIN TERMINAL AT SHERIFF'S DEPARTMENT Approval was given and the Chairman authorized to execute an Agreement between the N. C. Department of Justice Police Information Network and the County for a monthly rental of $200 beginning July l, 1981, on the PIN Terminal. AMENDMENT TO CONTRACT WITH STATE FOR HEALTH DEPARTMENT Approval was given and the Chairman authorized to execute Amendment No. 1 to the Contract between the State and the County for the Health Department covering the period from July l, 1981, to June 30, 1982. A copy of the Amendment is on file in the County Manager's Office. BUDGET AMENDMENTS - HEALTH DEPARTMENT Amendments were approved in the following Health Department to bring them in line with State and Federal cuts: II budgets , o Neurology Heart Orthopedic Health Hypertension Epidemiology Copies of the bu4get amendments are contained in Exhibit Book VIII, Page 48. BUDGET AMENDMENTS - REGISTER OF DEEDS The following amendment was approved in the Register of Deeds budget to recognize anticipated increase in fees due to legislative changes. These funds were to be used for outright purchase of 6 Kodak IMT Machines previously approved by the Commissioners. Debit - Acct. #ll 3418 4l0, Reg. of Deeds - Fee Credit - Acct. 1111 4180 640, Capital Outlay $53,286. $53,286. BUDGET AMENDMENT - PERSONNEL The following amendment in the fund the position of Personnel Personnel Budget was approved to Assistant: Debit - Acct. Acct. Acct. Acct. Acct. 1111 6140 lOO, 1111 6140 2l0, 1111 6140 22l, 1111 6140 230, 1111 3990 990, Salaries & 'Wages FICA Retirement Group Insuran"ce Appropriated Fund Balance i $ l,785. 119. l43. lB. l7,564. o Credit - Acct. #ll 4122 lOO, Salaries & Wages Acct. #ll 4122 2l0, FICA Acct. #ll 4122 22l, Retirement Acct. I/ll 4122 230, Group Insurance $l6,604. l,l04. l,328. 688. BUDGET AMENDMENTS - LIBRARY The following amendment in the Library budget was approved to appropriate a bequest to the 'Library under the will of Warren Ullrich: Debit - Acct. #ll 36ll 4l0, iLibrary Fines Credit - Acct. #ll 6110 423, :Books & Materials $l,OOO. l,OOO. The following amendment was approved in the Library budget to transfer Appropriated Fund Balance from Library Capital Project to Departmental Supplies for the purchase of signs and to the Capital Outlay Account: " 910 .....f"" MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENTS - LIBRARY (CONTINUED) Debit Credit - Acct. - Acct. Acct. 1111 3990 990, 1111 6110 42l, 1111 6110 640, Appropriated Fund Balance Departmental Supplies Capital Outlay $ 5,l60. $ 250. 4,9l0. BUDGET AMENDMENT - RECREATION The following amendment was approved in the Recreation budget to re- allocate the County's match for Arrowhead Park: Debit - Acct. I/ll 6120 90l, Transfer to Arrowhead Park Acct. #ll 2990 l04, Unappropriated Fund Balance Credit - Acct. #ll 3990 990, Appropriated Fund Balance Acct. #ll 2990 l03, Appropriated Fund Balance. $20,000. 20,000. $20,000. 20,000. o BUDGET AMENDMENT - ENGINEERING The following amendment was approved in the Engineering budget to set up the State Grant to offset dredging costs: ' Debit - Acct. #ll 3419 363, NC State Grant - Dredging Proj. $48,000. Credit - Acct. 1/11 4197 370, Contracted Services $48,000. BUDGET AMENDMENT - SANITARY LANDFILL The 'following amendment was approved in the budget for the Landfill to provide funds for the 'construction of a secure on Hwy. 42l North: Sanitary landfill Debit - Acct. 1/49 3470 9ll, Bond Proceeds Credit - Acct. #49 4709 323, Construction & Engineering $l,935,800. $l,935,800. BUDGET AMENDMENT - DATA PROCESSING The following amendment was approved in the Data Processing budget to cover the cost to run Southern Bell telephone lines to, the Health Department and Social Services for connection to computer system: Debit - Acct. #ll 9800 9ll, Contingencies Credit - Acct. I/ll 4132 352, Equipment rent $3,090. $3,090. o PUBLIC HEARING Notice had been given thata{,public hearing would be held by the Board of Commissioners of New Hanover County on Tuesday, September 8, 1981, at 7:00 PM in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 2.7 ACRES) LOCATED 200 FEET SOUTH OF SHIPYARD BOULEVARD, APPROXIMATELY 200.FEET EAST OF NEWKIRK ROAD FROM AN R-l5 (RESIDENTIAL) ,DISTRICT TO A B-l (BUSINESS) DISTRICT. Planning Director Hayes gave the background information and reported that the Planning Board had considered this rezoning at its meeting on August 6, 1981, and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposition to this rezoning and no one appeared to comment. Comm. Blake MOVED, SECONDED by Comm. Armistead, to approve the rezoning and adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 9-B of New Hanover County, North Carolina, Adopted July l, 1972." Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9-B, Page 43. o PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 4 ACRES) LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD, APPROXIMATELY 200 FEET SOUTH OF SILVER LAKE ROAD FROM AN R~l5 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Hayes gave the background information and reported that the Planning Board had considered this rezoning at its meeting on August 6, 1981, and recommended approval. The Planning Staff had recom- mended denial. ~ , Chm. O'Shields asked if there was anyone present to, speak in favor of this request, and the following persons appeared: MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) 913 PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 4 ACRES) LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD, APPROXIMATELY 200, FEET SOUTH OF SILVER LAKE ROAD FROM AN R-l5 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. (CONTINUED) Mr. Eddie Thompson, Agent, spoke on behalf of the Loyal Order of Moose. Mr. Edward B. Smith, Agent, representing the proposed. buyer of the property. No one appeared to speak in opposition. o Comm. Blake MOVED, SECONDED by Comm. Armistead~ to approve the rezoning and adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 4 of New Hanover County, North Carolina, Adopted April '7, 1971 "Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Voting Noe: Comm. Armistead, , Barfield, Blake and Chm. O'Shields Comm. Gottovi A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 4, Page 24.. PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 1. 2 ACRES) LOCATED ON THE SOUTH SIDE OF OLEANDER DRIVE APPROXIMATELY 400 FEET EAST OF DOGWOOD LANE FROM AN R-l5 (RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Hayes gave the background information and reported that the Planning Board had considered this rezoning at its meeting on August 6, 1981, and recommended approval. ii Chm, O'Shields asked if there was anyone present to speak in favor 11 of or in opposition to this rezoning and no one appeared. o Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to approve,the rezoning and adopt the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 9B of New Hanover North Carolina, Adopted July l, 1972." Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9B, Page 43. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO USE PROPERTY (APPROXI- MATELY l.6 ACRES) LOCATED ON THE SOUTH SIDE' OF OAKLEY LOOP ROAD, APPROXI- MATELY 500 FEET SOUTH OF NESS ROAD FOR A MOBILE HOME IN AN R-20 '(RESIDENTIAL) DISTRICT. Planning Director Hayes gave the background information and 'reported that the Planning Board had considered this application at its meeting on August 6, 1981, and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor " of this Special Use Permit, and Mr. Tommy Keys, the petitioner, was duly' sworn to present his case and answer questions from the Commissioners and Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared. o Comm. Barfield MOVED, SECONDED by Comm. Armistead, to approve the request and upon vote the following Orden Granting the Special Use Permit was UNANIMOUSLY ADOPTED: The County Commissioners for New Hanover County having held a public hearing on Tuesday, September 8, 1981 to consider application number S-l8l 8/8l submitted by Tommy W. Keys (Hilda C. Bruton - Owner), a request for a special use permit to use the prop'erty located at'Southside, of' Oakley Road; approximately 500 feet south of Ness Road for a Mobile Home, and having heard , all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: l. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans sub- mitted to the County Commissioners. M4 MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) PUBLIC HEARING - SPECIAL USE PERMIT TO USE SOUTHS IDE OF OAKLEY LOOP ROAD FOR MOBILE HOME (CONTINUED) 2. It is the County Commissioners' CONCLUSION that the 'proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public heaith or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: l. The County Health Department has approved the location of a septic tank. 2. A volunteer fire service is located near the site. 3. Adequate access is available to the site. o 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: l. Mobile Homes are a permitted use in the R-20 District. 2. Proposed site is l.64 acres in area in accordance with Sections 52-l and 63 of the Zoning Ordinance.. 3. Site plan indicates side yards of 35 feet and a front yard of 40 feet in compliance with Section 5l-4 of the Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or' abutting property, or that the use is, a'public necessity. In support of this conclusion the Commissioners make the following FINDINGS Of FACT: l. Proposed improvements should increase the value of property, 2. Other mobile homes are located in the vicinity. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the. plan of development for New Hanover, County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: o l. A single family residence is located on the property. 2. Residential land uses adjoin the site to the west; most of the surrounding area is vacant. 3. County Growth Policies encourage a variety of affordable housing types. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORD~RED that the application for the issuance of a SPECIAL USE PERMIT be granted, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permi~ shall become void and of no effect. c) Other: Compliance with all applicable Federal, State and local Codes. o PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE ,TEXT AMENDMENT TO AMEND' SECTION 23, DEFINITIONS. Planning Director Hayes gave the background information on this case and reported that the Planning Board had considered this amendment at its meeting on August 6, 1981, and recommended approval. ChID. O'Shields asked if there was anyone present to comment ,and no one appeared. Upon MOTION by Comm. Gottovi, S~CONDED by Comm. Barfield, the following 915 MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO AMEND SECTION 23, DEFINITIONS. (CONTINUED) Zoning Ordinance Text Amendment was ,UNANIMOUSLY ADOPTED: l. Amend Section 23-l6 Home Occupation, Subsection 23~l6(f) to read: o (f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltages off the premises; PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO AMEND SECTION 50-2, TABULATION OF PERMITTED USES"BY MAKING RESIDENTIAL CARE A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS. Planning Director Hayes gave the background on this 'amendment and stated that it was a result of recent State legislation and was necessary to bring the Ordinance in line with this legislation. He reported that the Planning Board had considered the amendment at its meeting on August 6, and recommended approval. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the following Zoning Ordinance Text Amendment was UNANIMOUSLY ADOPTED: l. Amend Section 50-2, Tabulation of Permitted Uses (under Health, page 24) to make Residential'Care a permitted use in the R-20, R-l5, R-lO, 0 & I and A & R' Zoning Districts; o PUBLIC HEARING - ADOPTION OF CABLE TELEVISION ORDINANCE Notice had been given that the Commissioners would consider a proposed Ordinance Establishing the Conditions for Awarding Non-Exclusive Franchise for Community Antenna Television Systems and the proposed grant of a.non- exclusive franchise to Cable Television Company. County Attorney Pope reported that this was the second reading of the proposed Ordinance and the public hearing had been advertised. Chm.O'Shields asked if there was anyone present to commant, and Attorney David Barefoot, representing Jones Intercable, appeared before the Board and reported that he had sent the Commission a letter through the County Attorney stating his company's objection to the proposal to grant a 5-l/2 year ordinance. He outlined Jones Intercable's objections. Ms. Sandra Sinikewicz commented. Since there were no further comments, Chm. O'Shields declared this public hearing closed. Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the ordinance entitled "An Ordinance Establishing the,Conditions For Awarding Non-Exclusive Franchise for Community Antenna Television Systems" was UNANIMOUSLY ADOPTED. A copy of the Ordinance is contained in the Ordinance Book.in the Clerk's Office. o BREAK Chm. O'Shields recessed the meeting'for a break from 7:50 o'clock p. m. until 8:04 o'clock p. m. PUBLIC HEARING - AWARD OF FRANCHISE TO CABLE TELEVISION COMPANY Chm. O'Shields reported that the public hearing needed to be opened on the awarding of a non-exclusive franchise to Cable Televiston Company. , Chm. O'Shields,opened the floqr to the public for comments, and Mr. George Rountree III, Attorney:for Cable Television Company, and Mr. Bill Green, the local manager; appeared to answer questions on the proposed franchise. Chm. O'Shields asked if there was anyone else present who wished to comment and no one appeared. 916 MINUTES OFREGULAR,MEETING, SEPTEMBER 8, 1981 (CONTINUED) PUBLIC HEARING - AWARD OF FRANCHISE TO CABLE TELEVISION COMPANY (CONTINUED) Chm. O'Shields declared the public hearing closed at 8:ll o'clock p. m. Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the ordinance entitled "An Ordinance Granting A Franchise to Cable Television Company to Construct and Maintain a Cable Television System within the unincorporated Areas of New Hanover County, North Carolina" was UNANIMOUSLY ADOPTED. A copy of the Franchise,is contained in Exhibit Book VIII, Page 48. o PRESENTATION OF PROPOSAL FOR RESOURCE RECOVERY PROJECT County Manager Cooper introduced Mr. John Germ and Mr. Stan Peters with George S. Campbell & Associates, Consulting Engineers, who explained and answered questions on their proposal for New Hanover County's Resource Recovery Project. DISCUSSION ON FIRE SERVICE DISTRICTS At the meeting of August 3, 1981, the Commissioners discussed the establishment of service districts and requested that the Volunteer Fire Departments be invited to attend this' meeting to discuss the matter further County,Manager Cooper commented on the possibility of establishing service districts to provide funding for fire protection services. Mr. Leonard'H. Long, Chairman of the Fire Inspections Committee, appeared on behalf of the Volunteer Fire Departmenw to discuss this matter with the Commissioners. The following persons commented: Mr. Steve Vosnock, Castle Hayne 'Volunteer Fire Department Mr. Rupert Strickland, South Wilmington Volunteer Fire Department Mr. Ernest Blackburn Comm. Armistead suggested that' he and the County Manager arrange a meeting with the Fire Inspections Committee and get into this matter further. o The following persons commented further: Mr. Rup~rt Strickland Mr. Auorey Rivenbark, Myrtle Grove Volunteer Fire Department No action was taken pending the recei~t of additional information from the meeting between Comm. Armistead, County Manager Cooper,and the Fire Inspections Committee. APPROVAL OF EMS AGREEMENT ,WITH CITY OF WILMINGTON Comm. Gottovi MOVED, SECONDED by Comm. Blake, to approve the Agreement with the City of Wilmington for Emergency Medical Services and authorize execution by the Chairman. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Agreement is on file in the County Manager's Office. BREAK Chm. O'Shields recessed the meeting for a break from 9:20 o'clock p.m. until 9:36 o'clock p. m. APPROVAL OF LEASE AGREEMENT WITH APPLIED ANALYTICAL INDUSTRIES Airport Manager R. C. Shackelford, Jr. appeared before the,Board to explain and answer questions on the proposed Lease with Applied, Analytical Industries for property at the Airport. The proposed Lease had been advertised as required. o Comm. Armistead MOVED, SECONDED by Comm. Blake to approve the Lease with Applied Analytical Industries and authorize execution by the Chairman.' U~on vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Lease is on file in the County Manager's Office. MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) 917: REJECTION OF PROPOSED LEASE WITH AIR WILMINGTON AND UPSET LEASE PROPOSED BY AEROJET Mr. James Swails, Attorney, and Mr. William Cherry, President of Air Wilmington, Inc., appeared before the Board to explain and answer questions. on the proposed Lease Agreement between the Airport and Air Wilmington. The Airport Manager and County Attorney commented. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to reject the proposed upset bid from Aerojetand accept the proposed Air' Wilmington, Inc. bid for a new l5-year Lease. o Mr. George Rountree III, Attorney for the principals of Aerojet, who had submitted the upset bid commented on the bid. The following persons commented further: Attorney Swails Mr. Shackelford Mr. Cherry Mr. Rountree Mr. Cooper The Commissioners Comm. Blake made a SUBSTITUTE MOTION, SECONDED by Comm. Armistead, that the Board reject both bids which have been submitted and allow Air Wilmington, if they are so inclined, to come back through normal channels to the Board to renegotiate their Lease. Upon vote the SUBSTITUTE MOTION CARRIED AS FOLLOWS: Voting Aye: Voting Noe: Comm. Armistead, Blake and Chm. O'Shields Comm. Barfield and Gottovi BOND ORDER - $l2,OOO,000 SOLID WASTE DISPOSAL BONDS Chm. O'Shields introduced the following bond order which was read at length: o "BOND ORDER AUTHORIZING THE ISSUANCE OF $12,000,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the Board of Commissioners of the County of New Hanover deems it advisable to make the improvements hereinafter described; and WHEREAS, the Board has caused to be filed with the Secretary of the Local Government Commission of North Carolina an application for 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 application has been filed and 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: o Section l. The Board of Commissioners of the County of New Hanover has ascertained and hereby determines that it is necessary to provide solid waste disposal facilities, including the improvement of land for a sanitary landfill, the construction and installation of an incinerator and related ' appurtenances, the acquisition and installation of equipment and machinery required therefor, and the acquisition of land and rights-of-way in land necessary for the provision of such solid waste disposal facilities, and to pay capital costs of such improvements. Section 2. In order to raise the money required to pay capital costs of providing the system 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 said bonds authorized by this bond order shall be $l2,000,000. 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, following application thereof to pay the operating, maintenance and capital outlay expenses of such system, shall be and are hereby pledged to the payment of the interest on and principal of said bonds, provided that such revenues may also be pledged 918 MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) BOND ORDER ~ $l2,OOO,000 SOLID WASTE DISPOSAL BONDS (CONTINUED) on an equal basis to the payment of interest on and principal of bonds of the County hereafter issued for improvements to such system. 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. Section 5. This bond order shall take effect when approved by the voters of the County of New Hanover at a referendum. Comm. Donald P. Blake moved that the following resolution be, adopted: o WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $l2,000,000 SOLID WASTE DISPOSAL BONDS OF THE COUNTY OF NEW HANOVER", has been introduced at the meeting of the Board of Commissioners held on September 8, 1981 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: (l) The public hearing upon said bond order shall be held on the 2lst day of September, 1981, at 9:00 o'clock a. m. at the Commissioners Meeting Room, in Wilmington, North Carolina. (2) The Clerk or 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. (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. o The motion was seconded by Comm. Karen Gottovi and was adopted by the following vote: Ayes: Nays: Comms. Armistead, Barfield, Blake, Gottovi and Chm. O'Shields None RESOLUTION AUTHORIZING ISSUANCE 'OF $900,000 SOLID WASTE DISPOSAL BONDS Comm. Howard L. Armistead, Jr. presented the following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect and the Board of Commissioners has issued $900,000 Solid Waste Disposal Bond Anticipation Notes dated March 30, 1981, payable September 30, 'l98l, to borrow money for the purpose for which bonds are authorized to be issued by said order; and WHEREAS, the Board of Commissioners desires to renew the foregoing notes in anticipation of the receipt of the proceeds of the sale of the bonds, as hereinafter provided, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover; as follows: o (l) The sum of $900,000 will be borrowed by the County of New Hanover in anticipation of the receipt of the proceeds of the sale of the bonds authorized to be issued by the solid waste disposal bond order adopted by the Board of Commissioners on September 2, 1980, for the purpose for which said bonds are authorized to be issued. Negotiable notes, each designated "Solid Waste Disposal Bond Anticipation Note", shall be issued for said sum so borrowed. ..,--- MINUTES OF REGULAR MEETING, SEPTEMBER 8, 1981 (CONTINUED) 919 RESOLUTION AUTHORIZING ISSUANCE OF $900,000 SOLID'WASTE DISPOSAL BONDS (CONTINUED) (2) ,The Notes shall be dated'September 29, 1981, shall consist of five coupon notes of the following denominations, shall be numbered as follows and shall mature on March 1 in each year as follows, viz.: Number Denomination Year of Maturity o 1 2 3 4 5 $l80,000 l80,000 l80,000 l80,000 l80,000 1983" 1984 1985 1986 1987 Each of said notes shall bear interest from its date payable March l. 1982 and sami-annually thereafter on March 1 and September 1 in each year until its respective maturity at a rate which shall not exceed twelve per centum (l2%) per annum. (3) Each of said notes shall be annually signed by the Chairman and Clerk of the Board of Commissioners of the County and the seal of the County shall be affixed to each of said notes. Each interest coupon attached to said notes shall be manually signed by said Clerk of the Board of Commissioners. o (4) The power to fix the rate of interest to be borne by said notes and the place of payment of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners who are hereby authorized and directed to cause said notes to be prepared and to execute said notes when they shall,have been sold by the Local Government Commission 'of North Carolina. ~ ~ (5) 'The Chairman and Clerk of the Board of Commissioners are hereby authorized to make application to the Local Government Commission of North Carolina for its approval of the issue of said notes in the manner prescribed by The Local Government Finance Act. Said Local Government Commission is hereby requested to sell the notes in the manner prescribed by said Act. Said notes, when they shall have been sold by said Commission in the manner provided by law and when they shall have been executed in the manner prescribed by this resolution, shall be turned over to the State Treasurer of the State of North Carolina for delivery to the purchaser or purchasers to whom they may be sold by said Commission. The motion having been duly seconded, and the resolution having been considered,' it was adopted by the following vote: Ayes: Noes: Comm. Armistead, Barfield. Blake. Gottovi and Chm. O'Shields None ADDITIONAL ITEMS APPROVAL OF GRANT APPLICATION FOR JUVENILE RESTITUTION PROJECT Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to approve thel application for $9,000 inJJDP funds from the Governor's Crime I Commission for the New Hanover County Juvenile Restitution Project. Upon vote. the MOTION CARRIED UNANIMOUSLY. ' , "I PUBLIC INFORMATION PROJECT FOR BOND REFERENDUM County Manager Cooper and Asst. County 'Manager Cannon outlined their proposed plans for publicizing the upcoming bond referendum. o It was agreed by cone ens us to proceed as outlined in Mr. Cannon's August 25, 1981, memorandum to Mr. Cooper which proposed using the services of the AAUW and the grant they had received ,in the amount of $7l6 for public educational activities. PUBLIC HEARING SET FOR CAMA LAND USE PLAN UPDATE It was agreed by concensus of the Board to schedule a public hearing for the 1981 CAMA Land Use Plan Update at the meeting of October 19, 1981. CONTRACT FOR REIMBURSEMENT FOR ISSUANCE OF 'CAMA PERMITS Comm. Armistead MOVED, SECONDED by Comm. Barfield, to authorize the County Manager to sign Amendment No. 1 to Contract No. OCM-09 between County of New Hanover and The Department of Natural~6029 Resources and Community Development. Upon vote, the MOTION CARRIED UNANIMOUSLY. 920 MINUTES OF REGULAR MEETING SEPTEMBER 8, 1981 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) CONTRACT FOR REIMBURSEMENT FOR ISSUANCE OF CAMA PERMITS (CONTINUED) A copy of the Contract Amendment is on file in the County Manager's Office. RECEIPT ,AND REVIEW OF JAIL INSPECTION REPORT Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to go on record as. saying that the Board had reviewed the Jail Inspection Report of August l3, 1981. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION ON WRIGHTSVILLE BEACH BERM PROJECT Comm. Gottovi commented on her discussion with Mayor Sawyer of Wrightsville Beach and his concerns, about the County's position on the berm project on Shell Island and that he would like an opportunity to discuss it as he felt that the Commissioners did not have all the information they needed on the project. It was agreed to put Mr. Sawyer on the agenda for the next meeting. o DISCUSSION ON STAR-NEWS PUBLISHING OF PUBLIC RECORDS Comm. Gottovi reported that she had received a call from someone complaining about the newspapers' publishing financing agreements and judgments and liens, and the man wanted to know if there was anyting the County could do to stop that. The County Attorney advised, that these were public records, and the practice was not unusual at all. DISCUSSION ON THE REARRANGEMENT OF THE COMMISSION OFFICES Comm. Gottovi commented on rearranging the Commission offices when the County Attorney moved to make better use of the space. COMMENDATION ON CAROLINA BEACH PUBLIC SHOWERS Comm. Blake commented that he was pleased to see the installation of public showers at Carolina Beach and that he felt that was a pretty big, accomplishment. DISCUSSION ON LOWER CAPE FEAR WATER & SEWER AUTHORITY REQUEST Chm. O'Sgields commented on the request he had received from the Lower Cape Fear Water & Sewer Authority for the County to agree to buy water from the Authority's proposed pipeline. o County Manager Cooper and the Commissioners commented. EXECUTIVE SESSION Chm. O'Shields MOVED, SECONDED by Comm. Blake, that the meeting be recessed to Executive Session to discuss contractual relations and committee appointments. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. O'Shields recessed the meeting to Executive Session at ll:50 o'clock.p. m. Chm. O'Shields reconvened the meeting to Public Session at l2:45 o'clock p. m. APPOINTMENT OF LUDLOW AND WARD TO ZONING BOARD OF ADJUSTMENT Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to appoint Mrs. Kathryn Ludlow as an alternate member and Mr. Ed Ward, Jr. as a ,regular member of the Zoning Board of Adjustment to fill unexpired terms until November l5, 1981. Upon vote, the MOTION CARRIED UNANIMOUSLY. COUNTY MANAGER AUTHORIZED TO NEGOTIATE CONTRACT WITH GEORGE CAMPBELL & ASSOCIATES Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to allow the County Manager to negotiate a Contract for engineering services with George Campbell & Associates, Consulting Engineers. Upon vote, the MOTION CARRIED UNANIMOUSLY. o APPOINTMENT OF CHILDS, FUNDERBURG AND MERRITT TO NHMH BOARD Comm. Barfield 110VED, SECONDED by Comm. Armistead, to reappoint Mr. Bill Childs to a 5-year term on the New Hanover Memorial Hospital Board of'Trustees and to appoint Ms. Bessie Funderburg and Mr. E. W. Merritt, Jr. to 5-year terms on the New.Hanover Memorial Hospital Board of ,Trustees. Upon vote, the MOTION CARRIED AS FOLLOWS: MINUTES OF REGULAR MEETING SEPTEMBER 8, 1981 (CONTINUED) 921, APPOINTMENTS TO NHMH BOARD (CONTINUED) Voting Aye: Voting Noe: Comm. Armistead, iBarfield, Blake and Gottovi Chm. O'Shields ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the meeting be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. O'Shields adjourned the meeting at l2:49 o'clock p. m. o Respectfully submitted, ~;15. )(~ Alyce B. Rusmisell, Clerk MINUTES OF REGULAR MEETING, SEPTEMBER 21, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, September 2l, 1981, 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.; Jonathan Barfield, Sr.; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Alyce B. Rusmisell. No members were absent. Chm. O'Shields called the meeting to order. Rev. Daniel B. O'Leary of All Saints Episcopal Church offered the invocation. o APPROVAL OF MINUTES: REGULAR MEETING SEPTEMBER 8, 1981 Upon MOTION by Comm. Barfield, SECONDED by Comm. Armistead, the Minutes of the Regular Meeting of September 8, 1981, were UNANIMOUSLY approved as presented. APPROVAL OF CONSENT AGENDA Chm. O'Shields pointed out a correction in the account numbers in item #7 and the deletion of the $.30 in the amount of the budget amendment in item #12. Comm. Gottovi commented on the amendments to the Museum Board of Trustees By-Laws. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following Consent Agenda items were UNANIMOUSLY approved: OF ACCEPTANCE/REPORT OF COLLECTOR OF REVENUE THROUGH AUGUST 3l, 1981 A copy of the Report of the Collector of Revenue through August 3l, 1981, as approved is contained in Exhibit Book VIII, Page 49. APPROVAL OF TAX ABATEMENTS AND REFUNDS A copy of the list of Tax Abatements and Refunds as approved is contained in Exhibit Book VIII, Page 49. o REJECTION OF BIDS ON VOTING SYSTEM As recommended by the Supervisor of Elections, the bids received on the voting system were rejected because the specifications were not defined clearly enough for the vendors to bid on the specific equipment that was needed and authority was given for the specifications to be resubmitted under the informal method of bidding. AWARD OF BID ON 20 CHANNEL RECORDER FOR SHERIFF'S DEPARTMENT Only one bid was rece~ved on a 20 Channel recorder for the Sheriff's Department. The bid was awarded to the Stancil Corporation in the amount of $l5,l80 as recommended by the Sheriff's Department.