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1987-11-16 Regular Meeting ~Cj'f MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 16, 1987, at 9:00 0' clock A.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman, John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. r L Chairman O'Neal called the meeting to order. Dr. Richard Graf, Pastor of St. Paul's Evangelical Lutheran Church, gave the invocation. NON-AGENDA ITEMS Chairman O'Neal asked if anyone present wished to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one commented. RECOGNITION AND PRESENTATION OF PLAQUE TO WINNER OF THE HUMAN RELATIONS MONTH THEME Commissioner Corbett, a member of the Human Relations Commission, recognized Miss Jessica Zingelmann, a 10th grader at E. A. Laney High School, as winner of the 1988 Human Relations Month Theme. He stated February 1988 has been designated as Human Relations Month to promote interaction and understanding between people of different races and beliefs. Commissioner Corbett asked Miss Zingelmann, her parents, and teacher, Ms. Vickie Lennon, to step forward for presentation of a plaque by Chairman O'Neal. r Chairman O'Neal, on behalf of the Commissioners, presented the plaque to Jessica with an inscription of the winning theme, "No Two Alike, Yet All Are One", L APPROVAL OF CONSENT AGENDA Commissioner Corbett commented on Item 10, the Medical Transportation Specialists, Inc. contract, expressing concern for one of the contracting parties being an employee of New Hanover County. He stated it was his understanding that when the contract went into effect this employee would submit his resignation. Mr. Thomas E. Wright, an employee of the County, stated he would resign his position effective December 15, 1987. He also commented on a delay in completion of the contract and requested extension of the effective date of service from December 1, 1987, to December 15, 1987. County Manager Cooper stated the delay was not caused by the County but from outside sources. Mr. Douglas White, the other partner of Medical Transportation Specialist, Inc., disagreed stating the problems were caused by the County which created the delay and loss of time. , After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to change the effective date of service in the contract from December 1, 1987, to December 15, 1987, at which time Mr. White will resign his position with the County, and authorized the Chairman to execute the necessary documents subject to approval by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. L A copy of the contract is on file in the County's Manager's office. MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) 6 Vice-Chairman Dolan asked that Item #6 be removed from the Consent Agenda for discussion at the end of the meeting. After further discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to approve the following Consent Agenda items including the amendment to Item #10, and removal of Item #6. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS " LJ Approval of Tax Collection Reports Collector of Revenue The Commissioners approved presented by the Collector of through October 31, 1987: Presented by the the following reports Revenue for collections New Hanover County Tax Collections New Hanover County Fire District Tax Collections Copies of the reports are contained in Exhibit Book XV, Page 44. Approval of Tax Abatements and Refunds The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. A copy of the list is contained in Exhibit Book XV, Page 44. Release of Penalties on Roam Occupancy Tax Accounts The Commissioners approved the release of penalties on the following Room Occupancy Tax Accounts as recommended by the Collector of Revenue. ,----, The Docksider - Account #0375 First Greentree - Account #1403 LJ Release of Tax Listing Penalty - M & M Plumbing Company The Commissioners released a penalty in the amount of $76.93 to M & M Plumbing Company as recommended by the Tax Administrator. Release of Tax Listing Penalty - Hugh and Anne Brooks The Commissioners released a penalty in the amount of $ 68. 24 to Hugh and Anne Brooks as recommended by the Tax Administrator. Adoption of Resolution to Add Roads to the N. C. State Secondary Road System The Commissioners adopted a resolution adding the following roads to the N. C. State Secondary Road System: Cavalier Drive - Cavalier Woods Subdivision (Division File #557-N) Tanglewood Drive - Tanglewood Subdivision (Division File #571-N) " ! LJ A copy of the resolution is contained in Exhibit Book xv, Page 44. Approval of New Positions for Department of Social Services The Commissioners approved the following positions for the Department of Social Services. No County funding was required. Two Eligibility Specialists I One Eligibility Specialist II ---------, ___ _I 96 MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) Approval of Contract with Seegars Fence Campany New Hanover County Airport The Commissioners authorized the Chairman to execute a contract with Seegars Fence Company in the amount of $75,206.26 for security fencing at the Airport subject to approval by FAA. Approval of Contract with Ackerley Advertising, Inc. - New Hanover County Airport The Commissioners authorized the Chairman to execute a contract with Ackerley Advertising, Inc. for three years or until occupancy of the new terminal, with a guaranteed minimum annual privilege fee of $6,000 ($500 per month) or 45% of gross receipts as defined, whichever sum is greater. " LJ A copy of the contract is on file in the County Manager's office. Approval of Contract with Specialists, Inc. to Provide Services for New Hanover County The Commissioners approved an amended contract with Medical Transportation Specialists, Inc. to provide non-emergency ambulance services to the citizens of New Hanover County. The contract was amended to extend the effective date of service from December 1, 1987, to December 15, 1987. Medical Transportation Non-Emergency Ambulance A copy of the contract is on file in the County Manager's office. Approval of Budget Amendments The Commissioners approved the Amendments: following Budget 88-0115 - Register of Deeds Debit Credit r- Register of Deeds Fees $20,000 L- Supplemental Retirement - RODS $20,000 To set up supplemental retirement plan for Registrar of Deeds - Retirement fund required by legislation passed in the 1987 Session of the General Assembly. 88-0118 Health Department/Home Health Debit Credit Home Health Home Health Grant $ 7,646 Professional Services $ 7,646 Additional state revenue budgeted to provide additional professional services. 88-0120 Health Department/Maternal & Child Care Debit Credit ,. Professional Services $ 4,336 Maternal & Child Health Revenue $ 4,336 L Reduction in State Revenue. 88-0121 Health Department Debit Credit Health-Administration Federal and State Grants $ 2,165 ,---- l__~ _~ ~ 6! MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) Budget Amendment (Continued) Health - Environmental Salaries and Wages Debit Credit 5,000 Health Laboratory Salaries and Wages 3,000 Health Administration M & R Buildings and Grounds $10,165 ,., I Salary lag transfer from Environmental Health and Laboratory due to delay in hiring Sanitarian Technicians and Lab Clerk and additional state revenue from Jordan-Adams allocations. , L.J Budget Amendment Approved by Budget Officer and Reported for Entry Into Record 88-0114 Management Information System Debit Credit Installment Loan Proceeds $118,852 Capital Outlay - Equipment $118,852 To set up installment purchases (accounting purposes only _ no additional funds involved). r L APPROVAL OF SURCHARGE - FLEMINGTON LANDFILL Mr. A. Dumay Gorham, Attorney representing defendants in the Flemington Landfill litigation, gave background information on the law suit and testing that is now in progress. He stated the defendants, Waste Industries, Inc.; Trash Removal Service, Inc.; Jerry Saunders t/a A & M Sanitation; A-1 Sanitation Services, Inc.; and the property owners, had initially agreed to contribute $500,000 to pay for drilling of wells and sample testing of groundwater under and around the Flemington Landfill site in order to better define the nature and extent of the underground water situation. Attorney Gorham stated the purpose for requesting the $1.00 per ton surcharge is due to the fact that the problem at F1emington was created by solid waste which had been generated by every citizen of the County. Therefore, the most equitable method for financing the water study would be to collect from those who generated the solid waste. He stated the haulers have provided funding for testing and other work that has already been completed at the landfill site, and they feel additional funds should be distributed among the citizens of the County. County Manager Cooper stated 15 cents per month per household is certainly not unreasonable. He questioned why the haulers could not increase their rates to customers to cover this additional costs, instead of requesting the County Commissioners to raise the rate at the landfill. ,., I L; After discussion of the increase of 15 cents per month for residential customers and additional funding that could be required in the future by EPA for additional testing, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the $1.00 per ton surcharge on all solid waste delivered to the County landfill or incinerator for a period of twelve months to be earmarked to pay the additional $100,000 for water testing. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ -' 98 MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DENIAL TO REZONE APPROXIMATELY 'lWO ACRES ON THE WEST SIDE OF VICTORY GARDEN DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL Chairman O'Neal opened the Public Hearing. Planning Director Hayes stated the Planning Board recommended denial of the rezoning request due to encroachment of commercial uses into a residential area. Director Hayes stated a portion of the parcel is currently occupied by S & S Service Company, a clearing and grading contracting business, which is not in compliance with the R-15 zoning requirements. He stated action was brought by the County for non-compliance and that Superior Court in a recent decision had determined the use did not comply to residential zoning and issued a Court Order to cease operation of the business by December 1, 1987. However, the effective date of the injunction was delayed until the defendant could have an opportunity to apply for rezoning of the subject premises. 'I l..-.J Planner Avery presented slides describing the property in question. Chairman O'Neal speak in favor of persons commented: asked if anyone present would like to the rezoning request. The following Mr. Ted Davis, Jr. , Attorney representing the petitioner, Mr. L. Strickland, commented on the Court ruling requesting the Commissioners to consider the rezoning on the location of the property and not the court decision. He stated the land under consideration is located in a transition area which according to the County's Land Use Plan provides for future intense urban development stating the proposed B-2 zoning will provide for the proper grouping of roadside business uses. r Mr. Davis submitted a petition, signed by neighborhood residents, expressing no opposition to the proposed rezoning request. He stated these residents were not allowed to comment at the Planning Board meeting and had volunteered to come tonight to express their opinions. The following surrounding property owners commented in favor of the rezoning request: L Mr. George Mitchell, Jr. Mr. Norman Albert Mr. Leonard Watts Chairman O'Neal asked if anyone present wished to speak in opposition to the request. The following persons commented: Mr. Walter Anderson, an adjacent property owner, expressed concern for encroachment of commercial uses into a residential area. He stated Mr. Strickland was a good neighbor, but he was concerned what could be placed on that property at a future date if the rezoning request is approved. Mr. Larry Sneeden, an adjacent property owner, stated he had no problem with the present use of the property but was very concerned about future uses under B-2 zoning. , L Chairman O'Neal closed the Public Hearing. - ------' MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) 6~ A lengthy discussion was held on action by the local Superior Court which ruled that the operation of the present use in a residential zone did not comply nor could it comply with R-15 zoning requirements. Therefore, the Court ordered that the use be enjoined and restrained from operation effective December 1, 1987. ,., Assistant County Attorney Silliman stated the actions of the Inspections Department were legally proper and correct. He stated the facts to be considered are the Land Use Plan and County Policies in determining the proper zoning for this parcel of land. LJ After a lengthy discussion of commercial encroachment into a residential area, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to deny the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman O'Neal recessed the meeting for a break from 10:43 o'clock A.M. to 10:55 o'clock A.M. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING BOARD'S DECISION REGARDING ALLEGED VIOLATION OF NEW HANOVER COUNTY SUBDIVISION ORDINANCE FOR PROPERTY ON THE NORTH SIDE OF GREENVILLE LOOP ROAD Chairman O'Neal opened the Public Hearing. r '~ Planning Director Hayes gave background information on the appeal. He stated after research by the Planning Staff and Legal Department it was determined that the 60 foot strip of land conveyed to Branch Realty, which left a one foot remnant of land east of and adjacent to the strip, was in violation of the Article IV, Design Standards, Section 2.7(5) of the County Subdivision Ordinance. Planning Director Hayes stated a letter was forwarded to Mr. John D. Woody, Jr. on January 27, 1987, recommending that the si tuation be corrected immediately by a land trade of one foot. For example, Branch Realty could convey to Mr. Woody one foot from the western side of its sixty foot strip, and Mr. woody could convey to Branch Realty the one foot remnant that presently exists. Planning Director Hayes commented on the civil penalty of $50 per day until the subdivision violation is rectified. He stated no penalty has been assessed pending the outcome of this appeal. Chairman O'Neal asked if anyone present wished to speak on the appeal. The following person commented: I' I LJ Mr. A. Dumay Gorham, Jr., Attorney representing Mr. & Mrs. Robert C. Woody, briefly outlined the situation that had occurred. He stated Mr. Woody's brother, who is now deceased, had conveyed the property to Branch Realty approximately two years ago and that Mr. and Mrs. Robert Woody were not aware of any problem created by conveyance of the land until receipt of the letter from the Planning Department. Attorney Gorham presented to the Clerk, for the record, Exhibi t I , the actual deed used for conveyance of the property; and Exhibit II, a map of the property outlining the 60 foot strip and one foot strip. He stated Mr. & Mrs. Woody have offered to swap the property or sale the one foot strip however, the other party involved had refused both offers. He commented on the difficulty of trying to resolve '00 .-- ~ MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) the situation when the other party is not willing to cooperate stating he could not advise his client to give the one (1) foot strip of property away. Attorney Gorham stated he did not feel the one foot strip of property violated the Subdivision Ordinance and referred to Page 16 of the Ordinance Article 4, Section 2.7, Paragraph 5 dealing with streets. He stated according to this section, "street patterns shall be such as to cause no hardship in the subdividing of adjacent properties. Reserve strips which control access to adjacent property shall not be permitted." Attorney Gorham stated the one foot strip has not impacted adversely on the Raintree Subdivision; therefore, the strip in question is not in violation of the ordinance. Attorney Gorham also commented on a constitutional problem with the ordinance stating there were no specific guidelines as to what constitutes a permissible or impermissible strip. He stated Mr. and Mrs. Woody have made a good faith effort to resolve the problem with no success. He requested the Commissioners to reconsider the ruling that the strip was in violation of the Subdivision Ordinance in order to prevent further legal action. ,- L Planning Director Hayes stressed the importance of street stubs in Raintree Subdivision stating when the Planning Board approved the subdivision plan, the following conditions were required: (1) Oakbluff Lane would be extended to the end of the property to provide another means of access; ( 2) Oakbluff Lane would have to connect into Kingston Road; and (3) due to the length involved between the intersection, Greenville Loop and Kingston Road, being over 1,400 feet, a stub street would have to be provided which would involve the one foot strip. He pointed out the importance of providing adequate street stubs when both properties are developed. Chairman O'Neal closed the Public Hearing. ,- Commissioner Retchin recommended that Mr. Woody convey designated access points and retain the remainder of the property which, in his opinion, would resolve the problem of noncompliance with the Subdivision Ordinance. L After a lengthy discussion of interpretation and enforcement of reserved strips in the present ordinance, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Corbett to enforce the present ordinance and allow the petitioner to proceed with whatever legal action he feels is necessary. The floor was opened for discussion. Commissioner Retchin made a SUBSTITUTE MOTION to allow Mr. Woody to convey that portion of the one foot reserved strip which would open the stub as shown on the Raintree Subdivision Plan and relieve the current noncompliance violation. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman 0' Neal called for MOTION by Vice-Chairman Dolan ordinance. Upon vote, the MOTION a vote on the original to enforce the present CARRIED AS FOLLOWS: Voting Aye: commissioner Barfield Commissioner Corbett Vice-Chairman Dolan Chairman O'Neal n u Voting Noe: commissioner Retchin ,., I 'Li I' I ~ " I I LJ MINUTES OF REGULAR MEETING, NOVEMBER l6, 1987 (CONTINUED) 7( APPROVAL OF REQUEST FOR NAME CHANGE OF CAPE FEAR TECHNICAL INSTITUTE Mr. Donald E. Blake, Chairman of the Cape Fear Technical Institute Board of Trustees, gave background information on recently enacted legislation by the General Assembly to offer additional services within community colleges. The bill enacted enables technical institutes to convert into community colleges allowing them to offer two year academic courses which are transferable to any other institution. He stated in order to be eligible to offer these courses, a resolution must be adopted by January 1, 1988, reflecting a name change which will incorporate the words, "community college" into the name of the institute. Mr. Blake stated the Board of Trustees voted unanimously to proceed with the name change which requires concurrence by the New Hanover County Board of Commissioners. Mr. E. Thomas Satterfield, Jr., President of Cape Fear Technical Institute, stated the name change will not alter the original concept and mission of Cape Fear Tech but will enhance the curriculum of the institute. He stated a definite name has not be approved by the Board of Trustees, but endorsement of the name change by the Board of County Commissioners is required. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to concur with the decision to change the name of Cape Fear Tech to include the words, "community college" as approved by the Cape Fear Technical Institute Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. RELEASE OF TRANSPORTATION CHARGE BY NEW HANOVER RESCUE SQUAD TO PHILLIP AND REBECCA GODWIN FOR EMS SERVICES PROVIDED IN 1985 Commissioner Barfield stated Mr. Godwin was a volunteer fireman at the time the charge was assessed for services provided to Ms. Rebecca Godwin by the New Hanover Rescue Squad. He stated at this time, there were no contracts between the County and Volunteer Fire Departments and it was the general understanding among volunteer firemen that members of the immediate families would not be charged for EMS services. He stated since 1985, contracts have been executed between the County and Volunteer Fire Departments which address this issue and do not allow EMS service free of charge to immediate family members. Commissioner Barfield recommended release of the charge since Mr. Godwin did not understand the fee would be assessed. Chairman O'Neal expressed concern for precedent stating there were many volunteer various areas throughout the County. setting a workers in Commissioner Corbett expressed concern for releasing the penalty and going against County policy. After further discussion, Vice-Chairman Dolan MOVED, SECONDED by Commissioner Barfield to release the emergency transportation charge in the amount of $60 to the Godwin family. The floor was opened for discussion. County Manager Cooper stated 50 or 60 individuals could request a release of EMS charges during that periOd of time and asked the Commissioners if they would like to hear each individual case. After further discussion of this being a specific case and the possibility of setting a precedent, Vice-Chairman Dolan amended his MOTION to release the penalty with the understanding that this is an exception to County POlicy and __-L___ 02 MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) is being acted upon to correct a misunderstanding by the party involved. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: commissioner Barfield Commissioner Retchin Vice-Chairman Dolan Chairman O'Neal Voting Noe: commissioner Corbett WITHDRAWAL OF ITEMS il2 AND liB FROM REGULAR AGENDA county Manager Cooper requested withdrawal of Item #13, a resolution to delegate authority to determine requests for release or refunds of taxes less than $100 to a County Official, stating further study was required. He also stated Item #13, discussion of Sign Ordinance Enforcement, could be withdrawn and placed on the agenda at a later date. ,- L After discussion, it withdraw Items #12 and recommended by the County was the consensus of the Board #13 from the Regular Agenda Manager. to as APPEAL OF TAX LISTING PENALTY BY WRIGBTSVILLE FAMILY CARE, INC. - CHRISTINE R. ROMANO Tax Administrator Register gave background information on the tax appeal stating listings were postmarked and received in March 1987. He commented on improper action by the accountant hired to manage affairs of the taxpayer stating the taxpayer is still responsible for his own inaction. Mr. Register recommended denying the taxpayer's request for penalty release on all accounts. Chairman O'Neal asked if anyone present wished to speak. The following persons commented: Mr. Vincent A. Romano, President of Wrightsville Family Care, Inc., stated during the listing period he was working abroad and was not aware that the tax listings had not been filed on time. He requested the Board to consider the fact that he was out of the Country and asked Mr. Bass, his accountant, to explain the reasons for the late filing. ,- L Mr. Michael E. Bass, a Certified Public Accountant for the firm of Brock, Berry & Padgett, stated his firm was hired to provide professional services for Mr. Romano. He requested abatement of the penalty on the late listing for Wrightsville Family Care, Inc. due to the corporate year end as of December 31, 1986, which was the first year of operation for the rest home. He stated the business had grown more rapidly than anticipated with an inadequate number of professional employees to handle the volume of work which had resulted in confusion and delay of year end preparation. After discussion, Commissioner Corbett MOVED, SECONDED by Commissioner Retchin to deny the taxpayer's request for release of penalties on all accounts and to instruct the taxpayer to substantiate to the County Business Listing Supervisor the personal values for 1985 and 1986 with the understanding that applicable penalties will be imposed if underlisting is determined. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,-- DISCUSSION OF LANGUAGE USED IN ADMINISTRATOR Vice-Chairman Dolan expressed the first sentence of the second forwarded to Mr. Michael E. Bass. LETTER WRITTEN BY TAX L- concern for wording of paragraph in the letter He recommended rewording L.. MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) 7 the sentence in a manner that will not project that an appeal is a waste of time. After discussion, it was the consensus of the Board to request the Tax Administrator to reword the sentence. LJ APPEAL OF TAX LISTING PENALTY - ROBERT CBAMPER, ETUX. ETAL, BY JANET FRANCO Tax Administrator Register gave background information on the tax appeal stating no listing was received from the taxpayer. He stated evidence and explanations are inconsistent in the correspondence received; therefore, he recommends upholding the penalty and denying the taxpayer's appeal. ,., I Chairman O'Neal asked if anyone present wished to speak on the issue. No one commented. Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to uphold the penalty of $77.92 as recommended by the Tax Administrator. Upon vote, the MOTION CARRIED UNANIMOUSLY. REFUSAL OF OFFER TO ASSUME TITLE TO THE CATLETT SCHOOL BUILDING Vice-Chairman Dolan MOVED, SECONDED by Commissioner Retchin to refuse the offer submitted by the New Hanover County Board of Education to assume title of the Catlett School Building located at 2002 Colwell Avenue once abandoned. Upon vote, the MOTION CARRIED UNANIMOUSLY. " COMMITTEE APPOINTMENTS APPOINTMENT OF MARY JUSTICE BLAND TO THE NURSING HOME ADVISORY COMMITTEE Commissioner Retchin MOVED, SECONDED by Vice-Chairman Dolan to appoint Ms. Mary Justice Bland to fill an unexpired term on the Nursing Home Advisory Committee. The term will expire April 1, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. I LJ RATIFICATION FOR REAPPOINTMENT OF Z. FRANKLIN PRITCHETT TO SERVE ON THE SOUTHEASTERN MENTAL HEALTH RETARDATION AND SUBSTANCE ABUSE AREA BOARD AND RECOMMENDATION FOR APPOINTMENT OF DR. WILLIAM BRYAN TO SERVE ON MENTAL HEALTH BOARD Commissioner Barfield explained the process for appointing members to the Mental Health Board. He stated according to State Statute, the three area County Commissioners representing New Hanover County, Brunswick County, and Pender County appoint members to serve on the Mental Health Board. These appointments are then presented to the Board of County Commissioners involved, whether New Hanover, Brunswick, or Pender, for ratification of the appointments. He stated the area County Commissioners have requested ratification by the New Hanover County Board of Commissioners for reappointment of Mr. Z. Franklin Pritchett and appointment of Robert A. Prehn, Ph.D. to fill the vacancy in the General Public category. Both appointees reside in New Hanover County. ,--, I LJ After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to ratify reappointment of Mr. Z. Franklin Pritchett to serve a four-year term on the Southeastern Mental Health Board representing the Hospital or Planning Organization category. The term will expire November 21, 1991. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED Retchin to ratify appointment of Robert A. serve a four-year term on the Mental representing the General Public category. expire November 21, 1991. by Commissioner Prehn, Ph.D to Heal th Board The term will ____-..-J 04. MINUTES OF I ,ULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) commissioner Corbett made a SUBSTITUTE MOTION, SECONDED by Vice-Chairman Dolan to recommend appointing Dr. William A. Bryan to serve a four-year term on the Mental Health Board representing the General Public category. The term will expire November 21, 1991. Chairman O'Neal called for a vote on the SUBSTITUTE MOTION to recommend appointing Dr. William A. Bryan. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Corbett Vice-Chairman Dolan Chairman O'Neal n LJ Voting Noe: commissioner Barfield Commissioner Retchin commissioner Barfield stated he would carry the recommendation for appointment of Dr. William A. Bryan to the area County Commissioners serving on the Mental Health Board. However, he was not sure the appointment would be approved since the County Commissioners did not ratify the appointment as submitted. commissioner Barfield stated Dr. Michael Assevero, M. D., representing the Physician category on the Mental Health Board did not wish to be reappointed. He recommended delay of this appointment until recommendations can be made by the area County Commissioners serving on the Mental Health Board. After discussion, it was the consensus of the Board of Commissioners to delay filling the vacancy in the Physician category as recommended by Commissioner Barfield. APPOINTMENT OF CARLTON L. PLOTr AND DANA E. P^GE 'l'O SERVE ON THE NEW II1\NOVER COUNTY ZONING BOARD OF ADJUSTMENT Commissioner Corbett MOVED, SECONDED by Commissioner Barfield to appoint alternates Carlton L. Plott and Dana E. Page to serve three-year terms on the New Hanover County Zoning Board of Adjustment expiring November 15, 1990. Upon vote, the MOTION CARRIED UNANIMOUSLY. After discussion of appointing two alternates, it was the consensus of the Board to request the Clerk to advertise for applicants to fill the alternate vacancies. " L ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Complaints Received from Citizens of Seagate Area with Reference to Installation of Sewer Lines Commissioner Barfield commented on continuous complaints received from citizens of the Seagate area with reference to the poor work of subcontractors when installing sewer lines. He stated he was going to request these citizens to appear before the Board of Commissioners in order to properly resolve this issue. Discussion of pine Forest Cemetery Chairman O'Neal commented on a funding request by Ms. Augusta cooper for hiring of a maintenance employee to repair and maintain Pine Forest Cemetery. ,-- L Discussion was held on this being a private, historical cemetery. Vice-Chairman Dolan expressed concern for New Hanover county becoming involved in providing funds for maintenance of a private cemetery. After further discussion, it was the consensus of the Board for the Chairman to request Ms. Cooper to approach the '. ,----- _.---J MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) 70 Wilmington Historic Foundation to see if funds were available through this agency. Camplaint Received from Citizen Residing Behind the Newly Constructed Wilson's Grocery Store Vice-Chairman Dolan commented on a complaint received from a citizen residing directly behind the newly constructed Wilson's Grocery store. He stated the citizen was quite concerned about the inadequate buffer and lighting. " After discussion, it was the consensus of the Board to request Vice-Chairman Dolan to find out if this individual has contacted the Wilsons with their complaint since they are most cooperative and conscientious about the impact of their business on surrounding neighborhoods. Vice-Chairman Dolan is to report back to the Board, if necessary. LJ Discussion of Thanksgiving Food Baskets Sponsored by the Department of Social Services Vice-Chairman Dolan commented on an increase of requests, according to the Department of Social Services, for Thanksgiving Food Baskets. He asked if the program was administered by the Department of Social Services or Mother Hubbard's Cupboard. Assistant County Manager Gornto stated the Department of Social Services had requested Mother Hubbard's Cupboard to coordinate the program stating she would be glad to further investigate the program and forward details defining the responsibilities of the Food Bank and Mother Hubbard's Cupboard. I' Discussion of Public Relations by New Hanover Memorial Hospital Vice-Chairman Dolan commented on a letter to the editor written by Dr. G. Terry Stewart which contradicted a statement by the Hospital Administrator, William Morrison, that 16 babies receiving special care in New Hanover Memorial Hospital were from indigent families. Dr. Stewart stated 14 of the babies receiving care were from families that had private insurance and could afford to pay for services rendered. Vice-Chairman Dolan expressed concern for such statements, if true, and reiterated the importance of factual information being given to the public by the hospital administration. LJ Chairman O'Neal stated he would be attending a Hospital Board meeting and would discuss this item with the full board. Discussion of Recycling and Waste Disposal in New Hanover County Commissioner Corbett requested an update on solid waste disposal in New Hanover County, particularly the recycling process. /"l I LJ Director of Engineering & Facilities, Ed Hilton, stated the Solid Waste Task Force and Mr. Stan Peters would be presenting reports and recommendations for solid waste disposal on December 21, 1987. Approval of Satellite Office Lease for Sewer System Service Applications, Consent Agenda Item 116 Vice-Chairman Dolan questioned why additional office space was needed at the Galleria Shopping Center at a cost of $666 per month to assist the public with applying for sewer connections. Director of Engineering & Facilities, Ed Hilton, stated the reason for requesting additional space was to provide --'- '06 MINUTES OF REGULAR MEETING, NOVEMBER 16, 1987 (CONTINUED) the general pUblic with a centrally located office that furnishes adequate parking with a reasonable walking distance. He emphasized the importance of public relations when assisting the general public with applications for sewer connections. After discussion, commissioner Corbett MOVED, SECONDED by Vice-Chairman Dolan to approve leasing of the office space as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. , ADDITIONAL ITEMS - COUNTY MANAGER Acceptance of Grant Offer from the N. C. Department of Transportation - Airport Terminal Project Director of Engineering & Facilities, Ed Hilton, requested the Commissioners to authorize the Chairman to execute a grant agreement for acceptance of a grant offer in the amount of $250,000 from the N. C. Department of Transportation with approval of the fOllowing Budget Amendment: L 88-0153 Airport Debit Credit Airport Terminal Building Terminal - State Grant $250,000 Airport Terminal Project 03 Contingencies $250,000 Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to authorize the Chairman to accept and execute the grant agreement in the amount of $250,000 from the N. C. Department of Transportation and to approve the Budget Amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. ,- Public Statement by Apostle Conrad A member of the general public introduced himself as Apostle Conrad and discussed God's promises for the future of New Hanover county and the united States. L EXECUTIVE SESSION County Attorney Pope requested an Executive Session to discuss acquisition of land. commissioner Retchin MOVED, SECONDED by Barfield to convene from Regular Session Session as requested by the County Attorney. MOTION CARRIED UNANIMOUSLY. commissioner to Executive Upon vote, the Chairman O'Neal convened from Regular Session to Executive Session at 1:10 o'clock P.M. Commissioner Retchin MOVED, SECONDED by Commissioner Corbett to reconvene to Regular Session at 1:32 o'clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Retchin MOVED, SECONDED Barfield to adjourn. Upon vote, the UNANIMOUSLY. by Commissioner MOTION CARRIED ,-- L- Chairman O'Neal adjourned the meeting at 1:34 o'clock P.M. Respectfully submitted, ~'f:~ Clerk T ---