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1982-12-20 Regular Meeting 2 0 4rINUTES OF CONTINUED MEETING, DECEMBER 13, 1982 (CONTINUED')' (. ADDITIONAL ITEMS (CONTINUED) APPOINTMENT OF LUDLOW, BRAGG AND CHIMIAK TO ZONING BOARD OF ADJUSTMENT Chm. Gottovi MOVED, SECONDED by Comm. Blake to appoint Ms. Kathryn Ludlow to fill an unexpired term as a regular member and Mr. Jack Bragg and Mr. Walter Chimiak as alternates to fill unexpired terms on the Zoning Board of Adjustment. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF DAVIS TO MUSUEM BOARD OF TRUSTEES Chm. Gottovi MOVED, SECONDED by Comm. Blake to appoint Mr. Russell Davis to the Museum Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPOINTMENT OF COMM. O'NEAL TO AIRPORT COMMISSION AND HOSPITAL BOARD Chm. Gottovi MOVED, SECONDED by Comm. Barfield to appoint Comm. O'Neal as County Commissioner representing the Airport Commission and the New Hanover Memorial Hospital of Trustees. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, O'Neal and Chm. Gottovi. Voting Noe: Comm. Blake and O'Shields. APPOINTMENT OF COMM. O'NEAL TO FIRE INSPECTIONS COMMITTEE Comm. O'Shields MOVED, SECONDED by Comm. Barfield to appoint Comm. O'Neal to serve as the County Commission representative on the Fire Inspections Committee. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Barfield that the meeting be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chm. Gottovi adjourned the meeting at 11:46 o'clock A.M. Respectfully submitted, ~~~ Joyce B. Bragg, Acting Clerk MINUTES OF REGULAR MEETING, DECEMBER 20, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 20, 1982, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Acting Clerk to the Board Joyce B. Bragg. Chairman Karen E. Gottovi was absent. Rev. Billy Peele, Pastor of Oleander and Devon Park United Methodist Churches gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 6, 1982 Comm. Blake MOVED, SECONDED by Comm. O'Shields that the minutes be approved as presented. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. i'-. MINUTES OF REGULAR MEETING, DECEMBER 20, 1982 (CONT INUED ) 205 APPROVAL OF CONSENT AGENDA Upon MOTION by Comm. Blake, SECONDED by Comm. O'Neal, the following Consent Agenda items were approved by the following vote: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH NOVEMBER 30, 1982 The report of the Collector of Revenue through November 30, 1982, as approved is contained in Exhibit Book IX, page 27. I APPROVAL OF TAX ABATEMENTS AND REFUNDS A copy of the list of tax abatements and refunds as approved is contained in Exhibit Book IX, page 27. CERTIFICATION OF REGISTER OF DEEDS CONSOLIDATED INDEX As recommended by Registra Rebecca Tucker, the Register of Deeds' consolidated index was approved and certified to be the public record, before storage. STEAM PURCHASE CONTRACT The Chairman was authorized to execute the Steam Purchase Contract between W. R. Grace & Company and New Hanover County. A copy of the contract is on file in the County Manager's office. CONTRACT FOR APPRAISAL OF LAND - ADAP 7 PROJECT The Chairman was authorized to execute the contract with John J. Hooten & Associates in the amount of $1,150 to appraise Parcel 34-1 Cameron Tract under the ADAP 07 easement acquisition proj ect. A copy of the contract is on file ln the County Manager's office. I BUDGET AMENDMENT - AIRPORT The following amendment in the Airport budget was approved to set up funds for the ADAP 05 and 06 Engine Generator Project: Debit - Acct. #6@ 3450 265, Federal Grant $66,176 - Acct. #60 3450 365, State Grant - 15,026 ----- Acct. #60 3990 990, Airport - Fund Balance 15,026 Credit - Acct. #60 4530 655, Construc;:tion Contract $79,953 Acct. #60 4530 652, Engineering Basic Fee 9,100 Acct. #60 4530 653, Inspection Services 4,375 Acct. #60 4530 656, Contingencies 2,800 Debit - Acct. #60 9761 900, Transfer to Capital Projects $15,026 Credit - Acct.#60 3990 990, Airport Fund Balance $15,026 BUDGET AMENDMENT - GENERAL/ADMINISTRATION The following amendment in the General Administration was approved to close out revaluation fund and offset due to new staff position Human Services Analyst: budget for funds Debit - Acct. #11 3982 922, Transfer from Revaluation Credit - Acct. #11 4121 640, Capital Outlay-Equipment $3,178 $3,178 I BUDGET AMENDMENT - SHERIFF DEPARTMENT The following budget amendment was approved by the County Manager and was reported to the Commissioners for entry into the record: Sheriff Department - Money donated by County (Jaycee) Fair for use in the Department Debit - Acct. #11 3390 890, Miscellaneous Revenue Credit - Acct. #11 4311 421, Departmental Supplies $1,300 $1,300 AWARD OF BANKING CONTR~CT FOR PERIOD 2/1/83 to 1/31/88 The Finance Officer was authorized to enter into an agreement with Wachovia Bank & Trust Company, N. A. to continue the present banking services. A copy of the proposal to serve financial requirements for the County is contained in Exhibit Book IX, page 27. 206 MINUTES OF REGULAR MEETING, DECEMBER 20, 1982 (CONTINUED) NON-AGENDA ITEMS FROM GENERAL PUBLIC Vice-Chm. Barfield asked if there was anyone from the general public who wished to speak on any item not on the agenda. Mr. Mike Vaughan appeared to speak. DISCUSSION OF PORNOGRAPHY Mr. James McGinnis, President of the Concerned Citizens of New Hanover County, appeared before the Board to present a proposed ordinance on the Sale or Exhibition to Minors of Indecent Publications, Pictures, or Articles. A petition with 1,722 signatures requesting the County Commissioners to pass the "Display Law" to halt the circulation of abusive sex in New Hanover County, was presented for the record. County Attorney Pope commented. Comm. O'Shields MOVED, SECONDED by Comm. Blake to instruct the Legal Department to begin to put together an ordinance in regards to display law and get it back to the County Commissioners for comments and proceed with public hearings. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal, and O'Shields. Absent: Chm. Gottovi. BREAK Vice-Chm. Barfield recessed the meeting for a break from 9:41 o'clock A.M. until 9:48 o'clock A.M. CONSENT AGENDA ITEMS #4 AND #5 AMENDED FOR THE VICE-CHAIRMAN TO EXECUTE THE CONTRACTS INSTEAD OF THE CHAIRMAN Comm. O'Shields MOVED, SECONDED by Comm. Blake to amend the Consent Agenda Items #4 and #5 for the Vice-Chairman to execute the contracts instead of the Chairman. Upon vote, the MOTION CARRIED as follows: r Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. PLACEMENT OF MOBILE TRAILER ON COUNTY PROPERTY - MENTAL HEALTH Mr. M. L. Martin, Area Director, Southeastern Mental Health Center, appeared before the Board to present the need for more space to house personnel for the "Willie M" program, and request approval to place a mobile trailer on County property adjacent to the Center. Comm. O'Shields MOVED, SECONDED by Comm. Blake to approve the placement of a mobile trailer on County property for use by Southeastern Mental Health Center to house personnel for the "Willie M" Program. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. r SELECTION OF PAINT COLOR FOR RESOURCE RECOVERY FACILITY By consensus, the Commissioners agreed on the color granite beige for the Resource Recovery Facility. ABATEMENT AND EXEMPTION OF PROPERTY TAX - SALVATION ARMY AND REFUND_ TAXES TO WRIGH'J'SBORO UNITED METHODIST CHURCH Major Ed Sutton of the Salvation Army, Mr. John Oxenfield, Mr. Bill Perdew and Mr. Jim Swails, Salvation Army Advisory Board members were present to explain and answer questions concerning their request for abatement of the 1982 Property Tax for the Salvation Army and _asked that the Commissioners designate the facility located at 820 North Second Street vicinity tax exempt. Tax Administrator Larry Powell commented. '- ~ MINUTES OF REGULAR MEETING, DECEMBER 20, 1982 (CONTINUTED) Comm. O'Shields MOVED, SECONDED by Comm. Blake that the County abate the taxes for 1982 for the Salvation Army and refund Rev. peele's Church, Wrightsboro United Methodist Church, the taxes paid in a similar claim. Upon vote, the MOTION CARRIED as follows: 207 Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. ADDITIONAL ITEMS r WORKMEN'S COMPENSATION FOR COUNTY COMMISSIONERS Comm. O'Shields reported that he was advised at the NCACC Board meeting in pinehurst that Workmen's Compensation Insurance for County Commissioners would be enforced beginning in January. RESOLUTION EXPRESSING CONCERN OF CHARGE TO NON-CITY RESIDENTS WHO USE CITY PARKS Comm. O'Shields expressed his concern with the City of Wilmington charging user fees for use of Parks and facilities and suggested that the County begin to study the possibility of taking over Parks and Recreation administration from the City of Wilmington. Comm. O'Shields MOVED, SECONDED by Comm. Barfield to draw up a Resolution expressing concern of an Administrative charge to non-City residents who use City Parks, because of contributions the County has made to the Programs in expansion of facilities. Mr. Mike Vaughan commented. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. I REAPPOINTMENT OF WHALEY AND GRATHWOL TO BOARD OF HEALTH Comm. Blake MOVED, SECONDED by Comm. O'Shields to reappoint Mr. Hobart Whaley and W. H. Grathwol to serve a 3-year term on the Board of Health. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Shields. Voting Noe: Comm. O'Neal. Absent: Chm. Gottovi. REAPPOINTMENT OF WHITMEYER AND CLARIFICATION OF APPOINTMENT OF BRAGG TO THE ZONING BOARD OF ADJUSTMENT AND RATIFICATION OF APPOINTMENT OF WILLIAMS TO HUMAN RELATIONS COMMISSION Comm. O'Shields MOVED, SECONDED by Comm. Blake to reappoint Ms. Lois Whitmeyer to a three-year term and to clarify the appointment of Mr. Jack Bragg as alternate to fill and unexpired term on the Zoning Board of Adjustment and to ratify the reappointment of Ms. Minnie Williams as an agency representative on the Human Relations Commission. Upon vote, the MOTION CARRIED as follows: I Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. DISCUSSION AND ACTION ON THE GRAHAM PLEASANTS LITIGATION County Manager Cooper reported that the County had won the court case of Graham Pleasants who appealed the zoning Board of Adjustment's ruling to Superior Court. Mr. Cooper asked for direction from the Commissioners to impose the laws and rules that were set up. Comm. O'Shields MOVED, SECONDED by Comm. O'Neal to notify the Pleasan~they have ninty (90) days from the date notified to cease commercial operation and that a penalty of $50 per day be charged on the ninty first day after notification if they do not comply; this being contingent upon County Attorney's interpretation of the law. 208 MINUTES OF REGULAR ~EETING, DECEMBER 20, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION AND ACTION ON THE GRAHAM PLEASANTS LITIGATION (CONTINUED) Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. COUNTY ATTORNEY COMMENDED FOR A FINE JOB IN RECENT LITIGATIONS Comm. Barfield commended County Attorney Pope for a fine job in defending the Commissioners in the litigation with the contractors regarding the Resource Recovery Facility and and for bringing to a close, the property line dispute with Pender County. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Blake to adjourn the meeting. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and O'Shields. Absent: Chm. Gottovi. vice-Chm. Barfield adjourned the meeting at 11:27 o'clock A.M. Respectfully submitted, /tr:a: :!::rl:rk MINUTES OF REGULAR MEETING, JANUARY 4, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Tuesday, January 4, 1983, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Rev. Harold L. McSwain, Pastor of St. Matthews Lutheran Church, gave the invocation. Chairman Gottovi recognized three members of Boy Scout Troop #257, Mr. McLemore, Mr. Teabhey, and Mr. Hall, who were attending the meeting to learn more about local government. Also, Chairman Gottovi recognized two pledgees from a local fraternity, Alpha Phi Alpha, Mr. Houston and Mr. Newkirk, who were assigned to attend the meeting as part of their pledge. APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 13, 1982 Commissioner Barfield MOVED, SECONDED by Commissioner Blake that the minutes of the Regular Meeting of December 13, 1982, be approved as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.