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HomeMy WebLinkAbout1982-07-06 Regular Meeting 101 MINUTES OF REGULAR MEETING, JUNE 2~, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) ADDITIONS TO ELECTRICAL PERMIT FEE SCHEDULE (CONTINUED) Voting Aye: Commissioners Armistead, Barfield, Gottovi and O'Shields. Voting Noe: Chm. Blake I PERFORMANCE EVALUATION FOR CLERK AND SECRETARY IN COMMISSIONERS' OFFICE County Manager Cooper requested direction from the Board as to who should evaluate the performance of the Clerk and the Secretary in the County Commissioner's office. It was agreed by consensus to let the Chairman and County Manager do the Performance Evaluation with input from the other Commissioners. DISCUSSION ON INTERAGENCY TASK FORCE ON STUDENT DISCIPLINE Chm. Blake commented on a letter he had received from Ms. Barbara Bray requesting that a Commissioner be appointed to meet with the Interagency Task Force on Student Discipline on a regular basis and requested a volunteer from the Commission to serve on this task force. Comm. Barfield agreed to meet with Ms. Bray to discuss the task force and find out how much time would be involved in working with the committee. I ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. O'Shields, meeting be adjourned. Upon vote, the M,OTION UNANIMOUSLY. that the CARRIED Chm. Blake adjourned the meeting at 1:25 o'clock p. m. Respectfully submitted, Alyce B. Brown, Clerk MINUTES OF REGULAR MEETING, JULY 6, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on July 6, 1982 at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. The date for the meeting had been changed from July 5, 1982 due to a County holiday. I Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Brown. No members were absent. Chm. Blake called the meeting to order. Rev. Edward C. Hay of First Presbyterian Church offered the invocation. APPROVAL OF MINUTES, REGULAR MEETING JUNE 21, 1982 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Barfield, the Minutes of the Regular Meeting of June 21, 1982, were UNANIMOUSLY APPROVED as presented. 102 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA Comm:- Armistead requested that item #5 "Resale of Tax Foreclosed Property - 405 S. 6th Street" be deleted from the Consent Agenda for discussion later in the meeting. Upon MOTION by Comm. O'Shields, SECONDED by Comm. Gottovi, the following Consent Agenda Items were UNANIMOUSLY APPROVED. CERTIFICATION OF VOLUNTEER FIRE DEPARTMENT ROSTERS Authorization-Was given for the Chairman to certify the rosters of the following volunteer fire departments: New Hanover County Airport Crash Fire Rescue winter Park Ogden Federal Point ADDITION OF ROADS TO STATE SYSTEM The SR-2JResolution requesting addition of the following roads to the State Secondary Road System was adopted on recommendation from the Department of Transportation. Blue Cove Subdivision - Crowatan Road, Hermitage Road and Chesterfield Road (Div. File #449-N). A copy of the Resolution is on file in the Clerk's Office. CONSOLIDATED CONTRACT WITH N.C. DIVISION OF HEALTH SERVICES The Chairman and Finance Officer were authorized to execute the consolidated contract with N. C. Division of Health Services for Health Department Programs included in the 1982- 83 budget. A copy of the contract lS on file in the County Manager's Office. ADAP-07 ENGINEERING CONTRACT Authorization was given to increase the not-to-exceed amount in the ADAP-07 Contract with Talbert, Cox & Associates, Inc. from $20,000 to $30,000 as recommended by the Airport Manager. FRANCHISE APPLICATION - PLEASURE ISLAND VOLUNTEER RESCUE SQUAD The following Ordinance granting Ambulance franchise to the Pleasure Island Volunteer Rescue Squad passed the first reading: AMBULANCE FRANCHISE THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY, NORTH CAROLINA, DOES ORDAIN: SECTION 1. Short Title. This Ordinance shall be known and may be cited as the "Pleasure Island Volunteer Rescue Squad, Inc. Ambulance Franchise Ordinance." SECTION 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) Ambulance attendant. The term "ambulance attendant shall mean the individual who is responsible for the operation of an ambulance or rescue vehicle and rendering assistance to the emergency medical technician during the '- 103 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) 'AMBULANCE FRANCHISE (CONTINUED) transportation of an incapacitated person. I service" that is emergency (b) Ambulance service. The term "ambulance shall mean a public or privately owned enterprise engaged in the transportation of patients to and/or nonemergency medical facilities. (c) Approved. The term "approved" approved by the North Carolina Medical Care pursuant to the latter's rules and regulations under N.C. General Statutes ~ l43B-165. shall mean Commission promulgated (d) County. Hanover County Board representative. The term "county" shall mean the New of Commissioners or a designated (e) Dispatcher. The term "dispatcher" shall mean person who is available at all times to receive requests for ambulance service, to dispatch ambulances, and to advise the city police, county sheriff dispatcher and emergency medical facilities of any existing or threatened emergencies. (f) ~~~.E.9.~ncy. The terms "emergency" and "emergency transportation service" shall mean the operation of an ambulance in order to provide medical care, and transportatibn of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation of physiological or psychological illness or injury. I ( g ) E ~ e .E geE. c Y_~~~i:.~~!_!~~i:.!i:. t y . The t e r m "emergency medical facility" shall mean a designated area within a hospital where there is available on a twenty-four- hour basis staffing by highly qualified medical and ho9pital support personnel, all types of specialists, blood banks, general and special purpose operating rooms, diagnostic facili ties, and equipment capable of rendering complex and comprehensive emergency care. (h) ~m~.E.9.~E.~y_~~dica!_~echE.i:.~i:.an. The term "emergency medical technician" shall mean the individual who is responsible for medical care during the transportation of an incapacitated person prior to his arrival at a hospital, assuming no other person of higher medical certification or license is available. (i) Franchise. The term "franchise" shall mean a permit issued by the county to a person for the operation of an ambulance service. (j) Franchisee. The term "franchisee" shall mean any person having been issued a franchise by the county for the operation of an ambulance service. I (k) Highw~ or street. The term "highway" or "street" shall mean the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purpose of vehicular traffic. The term "highway" or "street" or a combination of the two (2) terms shall be used synonymously. (1) License. The term "license" shall mean any driver's license or permit to operate a motor vehicle issued under or granted by the laws of the State of North Carolina. (m) Motor vehicle. The term "motor vehicle" shall mean any device in, upon or by which any person or property is or may be transported upon a highway, excepting 104 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE (CONTINUED) devices moved by human power or used exclusively upon fixed rails or tracks. (n) Nonemergency transportation service. The term "nonemergency transportation service" shall mean the operation of an ambulance or rescue vehicle for any purpose other than an emergency. (0) Operator. The term "operator" shall mean a person in actual physical control of an ambulance or rescue vehicle which is in motion or which has the engine running. (p) Owner. The term "owner" shall mean any person or entity who owns and operates an ambulance service. (q) Patient. individual who is sick, incapacitated or helpless. The term "patient" injured, wounded shall mean an or otherwise (r) Person. The term "person" shall mean any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than the United States. (s) Grantee. The term "grantee" shall mean Pleasure Island Volunteer Rescue Squad, Inc. SECTION 3. Grant of Exclusive Authority. (a) There is hereby granted by the County to the Grantee the right and privilege to engage in the business and service of operating ambulances and rescue vehicles for emergency transportation service only, upon, along, across and over the streets and highways of New Hanover County as hereinafter defined as necessary to transport patients in matters of emergency. (b) The right and privilege hereinbefore granted for the purposes herein set forth shall be exclusive in the territory hereinafter defined. SECTION 4. Territorial Area Involved. This franchise relates to that area of New Hanover County south of a line described as the southern margin of Snow's Cut extended from the Atlantic Ocean to the Cape Fear River southward to the southern-most point of New Hanover County, and to any other area hereinafter added thereto during the term of this franchise. SECTION 5. Compliance with Applicable Laws and Ordinances. The Grantee shall, at all times during the term of this franchise, be subject to all lawful exercise of the general police power by the County and to such reasonable regulation as the County shall hereinafter provide. SECTION 6. Liability and Indemnification. (a) Grantee shall pay, and by its acceptance of this franchise the Grantee specifically agrees that it will pay, all damages and penalties which the County may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but not be limited to, damages arising out of the operation of the ambulance service authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise. "- 105 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE (CONTINUED) I (b) Grantee shall pay, and by its acceptance of this franchise the Grantee specifically agrees that it will pay, all expenses incurred by the County in defending i tsel f wi th regard to all damages and penal ties mentioned in Subsection (a) above. (c) Grantee shall maintain, and by its acceptance of this franchise specifically agrees that it will maintain, throughout the term of this franchise, liability insurance issued by an insurance company licensed to do business in the State of North Carolina for each and every ambulance and rescue vehicle owned and/or operated by or for the Grantee, providing for the payment of damages: (1) In the sum of one hundred thousand dollars ($100,000.00) for injury to or death of individuals in accidents resulting from any cause for which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent; and (2) In the sum of three hundred thousand dollars ($300,000.00) for injury to or death of all persons arising out of one accident resulting from any cause for . which the owner of said vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent; and I (3) In the sum of fifty thousand dollars ($50,000.00) for the loss of or damage, to the property of another, including personal property, under like circum- stances, in sums as may be required by the State or as approved by New Hanover County. SECTION 7. Duration, Term and Acceptance of Franchise. I (a) This franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after final passage hereof, as provided by law, and shall continue in force and effect for a term of five (5) years from the date the Board of County Commissioners finally approves this franchise, provided that within thirty (30) days after the date of the final passage of this Ordinance the Grantee shall file with the Clerk to the Board of County Commissioners its unconditional acceptance of this franchise and promise to comply with and abide by all of its provisions, terms and conditions, along with the provisions, terms and conditions of the New Hanover County Code, Chapter 6, Business Regulations; Article II, Ambulance Service, all of which are incorporated herein by reference as if fully set forth. Such acceptance and promise shall be in writing, duly executed and sworn to, by or on behalf of the Grantee, before a Notary Public or other officer authorized by law to administer oaths. (b) Should the Grantee fail to comply with Subsection (a) above, it shall acquire no rights, privileges or authority under this franchise whatsoever. SECTION 8. Transfer of Franchise. The Grantee shall not transfer nor assign this franchise to another person without prior approval of the Board of County Commissloners of New Hanover County by ordinance. SECTION 9. Standards. The Grantee shall, at'all times, keep and maintain the standards for its service, drivers and attendants, vehicles and equipment, and communications as prescribed by the New Hanover County Code. 106 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE SECTION 10. Separability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validi ty of the remaining portions hereof. SECTION 11. Ordinances Repealed. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 12. Effective Date. This Ordinance shall be in full force and effect from and after its final adoption by the Board of County Commissioners of New Hanover County, North Carolina. FIRST adopted by a first reading and passage at a Regular Meeting of the Board of County Commissioners of New Hanover County on the 6th day of July, 1982. 1982/83 LAND RECORDS MANAGEMENT GRANT The following Resolution was adopted authorizing application for a Land Records Management Grant for Fiscal Year 1982-83: RESOLUTION BE IT RESOLVED, that on July 6, 1982 the Board of Commissioners hereby give their unanimous approval of New Hanover County's application for matching funds and technical assistance under the North Carolina Land Records Management Program (LRMP), under the provisions of N.C.G.S. 102-15 thru 17; and BE IT FURTHER RESOLVED, that; 1. The application for grant assistance for FY 1982-83 be in the amount of $17,045.00. 2. New Hanover County has the necessary funds in its General Fund for FY 1982-83 to match the grant amount awarded under the LRMP and will assign said funds to this project upon notice of the award. 3. New Hanover County Government shares a willingness to participate in the LRMP and will comply with all applicable laws and regulations. Adopted this 6th day of July, 1982. CONTRACT WITH DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF WATER AND SEWER LINES The following Resolution was adopted authorizing the contract with the Department of Transportation for Installation of water and sewer lines under 1-40 for the Lane and Trask Water System: RESOLUTION A MOTION was made by Comm. Claud O'Shields, Jr. and SECONDED by Comm. Karen E. Gottovi for the adoption of the following resolution, and upon being put to a vote was duly adopted: WHEREAS, Transportation construction of Murryville Road the North Carolina Department of has prepared and adopted plans for the the Benson-Wilmington Freeway from North of to Kings Grant Drive; and, " 107 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) RESOLUTION AUTHORIZING CONTRACT WITH DOT FOR INSTALLATION OF WATER AND SEWER LINES I WHEREAS, said Department of Transportation and the County of N~w Hanover propose to enter into an agreement whereby said Department will include in its construction contract provisions to install a 12" D.I. water line, 16" D. I. water line and 20" steel encasement; and, WHEREAS, the County of New Hanover agrees to reimburse the Department of Transportation for the cost of said work with reimbursement to be made in a lump sum amount upon completion of the work. NOW, THEREFORE, BE IT RESOLVED, that the proposed agreement is hereby formally approved by the New Hanover County Board of Commissioners and that the Chairman of said Board is hereby authorized to execute the required agreement on behalf of the County of New Hanover. The following budget amendment was approved appropriating the ' funds for installation of the water and sewer lines: Debit - Acct. #11 3411 320, State Grant - Clean Water $14,200 Acct~ #11 9800 911, Contingencies 862 Credit - Acct. #11 9740 900, Transfer to Capital Projects $15,062 I BUDGET AMENDMENT - CHAMBER OF COMMERCE The following budget amendment appropriating the 'funds for New Hanover County Day at the World's Fair was approved by the Budget Officer and reported to the Commissioners for entry into the record: Debit - Acct. #11 9800 911, Contingencies Credit - Acct. #11 4911 570, Chamber of Commerce $1,500 $1,500 PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Commissioners of New Hanover County on Tuesday, July 6, 1982, at 7:00 o'clock p. m. in the Assembly Room of the County Administration Building to consider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION F'OR A SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 8.5 ACRES) LOCATED ON THE WEST SIDE OF SOUTH COLLEGE ROAD (NC HIGHWAY 132) DIRECTLY WEST OF MOHi~ TRAIL (SR-1565)--:FOR~ PRIVATECLUB IN AN R-lS [RESIDENTIAL) DISTRICT - - - - Planning Director Hayes gave the background on this request and reported that the Planning Board had considered it at their meeting on June 3 and recommended approval. This Special Use Permit had been previously granted in 1972 and again in 1981 and had been allowed to expire. I Chm. Blake asked if there was anyone present who wished -to speak in favor of the Special Use Permit and Mr. Rex Nussman, Spokesman for the Arab Shrine Club, was duly sworn to testify in favor of the Special Use Permit and answer questions from the Commissioners and Planning Director. Chm. Blake asked if there was anyone present to speak in opposition to the Special Use Permit annd no one appeared in opposition. Comm. Gottovi MOVED, SECONDED by Comm. Barfield that the Special Use Permit be approved with the provision that food, refreshments and entertainment for club members and their guests be allowed. Upon vote the following order granting a special use permit was UNANIMOUSLY APPROVED: The County Commissioners for New Hanover County having held 108 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) PUBLIC HEARING TO CONSIDER APPLICATION FOR SPECIAL USE PERMIT PRIVATE CLUB (CONTINUED) a public hearing on Tuesday, July 6, 1982, to consider application number S-200 6/82 submitted by Wilton M. Barnes, a request for a special use permit to use the property located at west side of South College Road (NC 132) directly west of Mohican Trail (SR 1565) for a Private Club and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-12 of the County Zoning Ordinance will be satisfied if the property is developed in accordane with the plans submitted to the County Commissioners. 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 health 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: a. A wastewater treatment and disposal permit was obtained on 9/31/81 from the State Environmental Management Commission. b. A volunnteer fire service is located near the proposed facility. c. A 30 foot buffer will be provided along the eastern property line and NC Hwy. 132 for the protection of neighboring residences. 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: a. Pri vate clubs are a permitted special use in R-15 districts. b. All parking, setback and area requirements are satisfied as shown on the site plan. 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: a. Proposed use is not substantially different from many church related facilities along NC Hwy. 132. b. Proposed improvements will increase the value of property. 5. It is the County Commissioners' CONCLUSION that the propsed 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: a. Similar institutional uses are located nearby. b. Property to the north and west is undeveloped. c. County Growth Policies encourage that adequate recreation facilities be provided and maintained at a level proportional to area needs. 6. Therefore, because the County Commissioners conclude " 109 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) SPECIAL USE PERMIT - PRIVATE CLUB (CONTINUED) that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: I a. the specific proposed use, stated. That the applicant shall fully comply with all of requirements stated in the ordinance for the as well as any additional conditions hereinafter 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 permit shall become void and of no effect. c. Other: 1) Compliance to Federal, State and local codes. 2) Food, refreshment and entertainment for club members and their guests may be allowed. Ordered this 6th day of July, 1982. I PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO INCLUDE ARTICLE XI AMENDMENTS; SECTION 112, BY ADDING A NEW SUBSECTION 112-3 TO REFERENCE NC GENERAL STAT~ES 153-A~3~ STATUTE OF LIMITATIONS FOR APPEALING ZONING ORDINANCE OR AMENDMENT 'DECISIONS Planning Director Hayes reported that these amendments were recommended to bring the ordinance in line with the general statutes and to provide for procedures for appealing the validity of the ordinance itself or an amendment thereto. He reported that the Planning Board had considered these amendments at its meeting in June and recommended approval. County Attorney Pope commented. Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Ordinance of the County of New Hanover North Carolina amending the zoning Ordinance of New Hanover County adopted October 6, 1969, was UNANIMOUSLY ADOPTED: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: 1. Amend Article XI, Amendments, Section 112, by adding a new subsection 112-3 to read as follows: I Section 112-3 A cause of action as to the validity of this zoning ordinance, or amendment thereto, adopted by the County Com m is s ion e r s shall accrue upon adoption of the ordinance, oJ;" amendment thereto, and shall be brought within nine months as provided in General Statutes 1-54.1, as amended. Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict lS hereby repealed. Section 3. This ordinance lS adopted in the interest of public health, safety, morals, and general welfare of the habitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. 110 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENT TO - - ARTICLE II, V, VI, AND XII TO ALLOW SLUDGE AND SEPTAGE DISPOSAL AS PERMITTW-USE IN 1-2l5ISTRICTS AND AS SPECIAL USE IN R-15 --- -- -- DISTRICTS WITH CERTAIN ADDITIONAL PROVISIONS. Planning Director Hayes explained the background on these amendments and reported that the Planning Board considered them at its meeting in June and recommended approval of the septage and sludge disposal by right in the 1-2 District. Chm. Blake asked if there was anyone present to speak on this matter and the following persons appeared to comment. Mr. Charles C. Jones, Representing Walnut Hills Homeowners Association Mr. Pete Davis, Health Department Mr. Alton Parker, A. Potter Septic Tank Service Mr. Rob Nixon Comm. O'Shields MOVED that the Zoning Ordinance be amended as recommended by the Planning Department with the change of the minimum distance from 250 ft. to 500 ft. in all the places in the Ordinance. The MOTION DIED for lack of a second. Mr. & Mrs. Charles Jones commented. Comm. Barfield MOVED that septage and sludge disposal in the R-15 districts be eliminated as recommended by the Planning Board with 500 feet as the minimum distance from residences. The MOTION DIED for a lack of a second. Mr. & Mrs. Jones commented further. Comm. Armistead MOVED, SECONDED by Comm. O'Shields to change the 500 feet minimum distance in the R-15 part of the amendment to read a minimum of 1,000 feet. Upon vote the MOTION CARRIED UNANIMOUSLY and the Ordinance entitled "An Ordinance of the County of New Hanover, North Carolina Amending the Zoning Ordinance of New Hanover County Adopted October 6, 1969" was adopted. A copy of the Ordinance as adopted and signed is contained in Exhibit Book IX, Page 15. BREAK Chm. Blake reces sed the meeting for a break from 8: 16 o'clock p.m. until 8:29 o'clock p. m. JAIL RENOVATIONS Sheriff Radewicz and Captain R. E. Spell appeared before the Board to discuss their proposal for jail renovations to provide more beds in the jail. Property Management Superintendent Winfred Simpson commented. County Manager Cooper commented. Comm. O'Shields MOVED, SECONDED by Comm. Gottovi to instruct the County Manager to talk with the Architects and come back to the board with a good faith estimate of the cost of the renovations. Upon vote, the MOTION CARRIED UNANIMOUSLY. POST, BUCKLEY, SCHUH AND JERNIGAN CONTRACT Director of Engineering Ed Hilton and County Manager Cooper discussed with the Commissioners the overrun in the Post, Buckley, Schuh and Jernigan Contract for Engineering services in connection with the design of the New Hanover County Landfill and recommended approval of an increase of $26,476 in the contract to cover the overrun. Comm. Barfield MOVED, SECONDED by Comm. Armistead to approve the additional $26,476 as recommended. " 111 MINUTES OF REGULAR MEETING, JULY ~ 1982 (CONTINUED) ADDITIONAL ITEMS POST, BUCKLEY, SCHUH AND JERNIGAN CONTRACT (CONTINUED) Mr. Berry Williams commented. Upon vote the MOTION CARRIED UNANIMOUSLY. I COMMENTS ON GROUP HOME FOR MENTALLY RETARDED Comm. Gottovi passed out copies of a letter written to her by the Association for Retarded Citizens concerning a group home for mentally retarded citizens. Comm. Barfield commented. CERTIFICATE OF NEED FOR CT SCANNER AT NEW HANOVER MEMORIAL ---- -- HOSPITAL Comm. Armistead commented on the request for endorsement of New Hanover 1'1emorial Hospital's certificate of need for an additional CT scanner and MOVED, SECONDED by Comm. Barfield that the Chairman write a letter of endorsement from the County Commissioners. Upon vote the MOTION CARRIED UNANIMOUSLY. RESALE OF TAX FORECLOSED PROPERTY - 405 SOUTH SIXTH STREET (REMOVE:DFROM CONSENT AGENDA FOR DISCUSSION) Comm. Armistead explained that the reason he had requested this item be removed from the Consent Agenda was because of the letter the Commissioners had received concerning this property. County Manager Cooper commented. I County Attorney Pope commented. Comm. Armistead MOVED, SECONDED by Comm. Gottovi to defer action on this request until the next meeti~g and let the County Manager get more information for the commissioners. Upon vote, the MOTION CARRIED UNANIMOUSY. UPDATE ON BIDS RECEIVED FOR RESOURCE RECOVERY FACILITY County Manager Cooper reported to the Commissioners on the bids received for the Resource Recovery System and stated that since only two bids were received, the County Attorney had advised that the County re-advertise for bids for one week and if at that time no other bids were received those two bids could be considered. UPDATE ON STATUS OF. STEAM CONTRACT WITH THE W. R. GRACE COMPANY County Manager Cooper updated the Commissioners on the status of negotiations with W. R. Grace Company for the purchase o~ steam from the Resource Recovery Facility. I DISCUSSION ON COUNTY REPRESENTATIVES APPEARANCE BEFORE BONDING RATING AGENCIES IN NEW YORK County Manager Cooper reported that the Local Government Commission had instructed the County to have representatives from the Governing Body, Finance Department, Legal Department and Management appear before the bond rating agency in New York. He stated that this would have a significant bearing on the interest rates the County's bonds would get when they came to market in August. COUNTY MANAGER COMMENDED FOR WORK ON STEAM CONTRACT --- Comm. Gottovi commended County Manager Cooper,on the work he had done in putting together the contract for the sale of steam from the Resource Recovery System. DISCUSSION ON OLD TIRES STORED ON A LOT ON THE CAROLINA BEACH -- -- ROAD Chm. Blake commented on a recent fire involving some old 112 MINUTES OF REGULAR MEETING, JULY 6, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON OLD TIRES STORED ON A LOT ON THE CAROLLINA BEACH ROAD (CONTINUED) - '- tires that had been stacked on a lot off of the Carolina Beach Road and reported that he had asked the County Attorney and Health Department to check into this matter. County Attorney Pope and Acting Health Director Jim McMahan updated the Commissioners on this situation and reported that owner of the property had been contacted and had promised to have the tires removed in the near future. APPOINTMENT OF WALKER TAYLOR TO INSURANCE ADVISORY COMMITTIEE Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, Mr. Walker Taylor was UNANIMOUSLY appointed to a three year term on the Wilmington/New Hanover Insurance Advisory Committiee. APPOINTMENT OF JACKIE GLISSON TO LIBRARY ADVISORY BOARD Upon MOTION by Comm. O'Shields~SECONDED by Comm. Armistead, Ms. Jackie Glisson was UNANIMOUSLY appointed to fill an unexpired term on the Library Advisory Board until August 31, 1983. REAPPOINTMENT OF MESSRS. FLOWERS AND ORRELL TO THE PLANNING BOARD Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that Mr. Larry Flowers and Mr. J.D. Orrell be reappointed to the Planning Board for additional 3 year terms. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioners Armistead, Barfield, O'Shields and Chm. Blake. Voting Noe: Comm. Gottovi. APPOINTMENT OF BARBARA KEELEY TO COUNCIL ON THE STATUS OF WOMEN Upon MOTION by Comm. Gottovi, SECONDED by Comm. Barfield, Ms. Barbara Keeley was UNANIMOUSLY appointed to a 2-year term on the New Hanover County Council on the Status of Women. APPOINTMENT OF BOB WARWICK TO PORT, WATERWAY AND BEACH -- COMMISSION Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, Mr. Bob Warwick ws UNANIMOUSLY appointed as the County Commission representative on the Port, Waterway and Beach Commission. REAPPOINTMENT OF GENE MERRITT TO SEDC Upon MOTION byC~ Armistead SECONDED by Comm. O'Shields, Mr. Eugene W. Merritt, Jr. was UNANIMOUSLY appointed to a four-year term on the Southestern Economic Development Commission. APPOINTMENT TO MUSEUM BOARD OF TRUSTEES Upon MOTION by Comm. O'Shields, SECONDED by Comm. the following persons were UNANIMOUSLY APPOINTED three-year terms on the Museum Board of Trustees: Gottovi, to serve Mr. David Sims Dr. Tom Loftfield Mrs. Connie Gillen Dr. W. Frank Ainsley, Jr. APPOINTMENT OF JANET MORGAN TO AIRPORT COMMISSION Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, Mrs. Janet S. Morgan was UNANIMOUSLY APPOINTED to a three year term on the Airport Commission. " 113 MINUTES OF REGULAR MEETING, JULY ~ 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) GOOD LUCK WISHES TO NEWS REPORTER, RUSS CLARKSON Chm. Blake advise~the Commissioners that News Reporter, Russ Clarkson, had accepted employment in another city, and he commended him for the reporting job he had done while he was here and wished him good luck for the future. I ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Comm. Armistead that the meeting be adjourned. Upon vote the MOTION CARRIED UNANIMOUSLY. \ 't ~ 'r Chm. Blake adjourned the meeting at 9:44 o'clock p.m. Respectfully submitted, ~,<3.~ Alyce B. Brown, Clerk MINUTES OF REGULAR MEETING, JULY 19, 1982 I ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 19, 1982 at 9:00 o'clock a. m. ,in the Assembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina. Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chairman Donald P. Blake; Assistant County Manager Gary M. Cannon; County Attorney Robert W. Pope; and Clerk to the Board Alyce B. Brown. County ~an~ger G. F~lix ~ooper was absent. Chm. Blake called the meeting to order. Rev. Robert F. Shea of St. Mary's Catholic Church gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING OF JULY 6, 1982 Upon MOTION by Comm. Gottov~ SECONDED by Comm. the Minutes of the Regular Meeting of July 6, UNANIMOUSLY APPROVED as presented. O'Shields, 1982 were APPROVAL OF CONSENT AGENDA Chm.Blake reported that Consent Agenda Item #4 "Water Supply Grant to Provide Water Service to Laney and Trask Schools" needed to be changed to authorize the County Manager to execute the acceptance of the grant offer instead of the Chairman. I Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead the following Consent Agenda items were UNANIMOUSLY APPROVED: APPROVAL OF COLLECTOR OF REVENUE REPORT THROUGH JUNE 30, 1982 A copY-of the Report of the Collector of Revenue through June 30, 1982 as approved is contained in Exhibit Book IX, Page 16. APPROVAL OF TAX ABATEMENTS AND REFUNDS A copy of~he-1ist of Tax Abatements and Refunds as approved is contained in Exhibit Book IX, Page 16. CERTIFICATION OF VOLUNTEER FIRE DEPARTMENT ROSTERS The Chairman was authorized to certify the rosters of the following volunteer fire departments and any others that were received prior to July 31, 1982: