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1982-07-19 Regular Meeting 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: 114 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CERTIFICATION OF T CONTINUED )---- VOLUNTEER FIRE DEPARTMENT ROSTERS Wrightsboro Volunteer Fire Department Myrtle Grove Volunteer Fire Department WATER SUPPLY GRANT TO PROVIDE WATER SERVICE FOR LANEY AND TRASK SCHOOLS The County Manager was authorized to execute the Offer and Acceptance, Part A, from the Division of Health Servies for project SBH-l198 for construction of a deep well, a 1500 gallon hydropneumatic storage tank and installing pipelines to provide water service to Laney and Trask Schools. A copy of the Offer and Acceptance form is on file in the County Manager's Office. CONTRACTS FOR RENOVATIONS TO THE LAW ENFORCEMENT CENTER The Chairman was authorized to execute the contracts with William R. Morris and Whiteville Mechanical Contractors for renovations to the Law Enforcement Center that were approved at the meeting of June 21, 1982. A copy of t~e contract is on file in the County Manager's Office. C EMS ADVISORY COUNCIL BY-LAWS The Commissioners approved the Emergency Medical Services Council By-Laws. A copy of these by-laws is on file in the County Manager's Office and in the Clerk's Office. BUDGET AMENDMENT - HEALTH DEPARTMENT (DENTAL HEALTH) The following amendment in the Health Department Budget (Dental Health) was approved to reduce the Revenue account by $14,800 due to the State's purchasing all dental supplies and shipping directly to the Health Department: Debit - Acct. #11 5158 100, Salaries & Wages $ 9,024 Acct. #11 5168 210, FICA 566 Acct. #11 5168 221, Retirement 693 Acct. #11 5168 230, Group Insurance 504 Acct. #11 5168 381, Telephone 381 Acct. #11 5168 382, Postage 236 Acct. #11 5168 392, M & R Equipment 217 Acct. #11 5168 411, Printing 57 Acct. #11 5168 421, Department Supplies 2,957 Acct. #11 5168 470, Dues & Subscriptions 65 Acct. #11 5168 510, Auto Allowance 50 Acct. #11 5168 520, Travel, Mtgs. & Schools 50 Credit - Acct. #11 3516 373, Revenue - Dental Health $14,800 FINAL ADOPTION OF FRANCHISE ORDINANCE - PLEASURE ISLAND VOLUNTEER RESCUE SQUAD The following Ambulance Franchise Ordinance for Pleasure Island Volunteer Rescue Squad was finally adopted after a second reading and passage: 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. Defini tions. For the purposes of this " 115 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED)' APPROVAL OF CONSENT AGNDA (CONTINUED) AMBULANCE FRANCHISE ORDINANCE (CONTINUED) I 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 inc'lude 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. Th-e 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 transportation of an incapacitated person. 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) AEEroved. The term "approved" approved by the North Carolina ~1edical Care pursuant to the latter's rules and regulations under N.C. GeneraL Statutes ~ 143B...,165. shall mean Commission promulgated (d) County. Hanover County Board representative. The term "county" shall mean the New of Commissioners or a designat;.ed I (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 ) ~ m~.!:.~~!:!. c ~ . The t e r m s " erne r g e n c y " and "emergency transportation service" shall mean the operation of an ambulance in order- to provide medical care and transportation 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. (g) E m ~.!:.~~!:!.~y_~~~ i c a l_i~~.!.l.!.!:Y. Th e 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 hospital 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. I (h) Em~.!:.~~!:!.~y_~~~ic~l_t~~~~.!.~.!.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.' (k) High~~ 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 ~hatever' nature, 116 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE ORDINANCE (CONTINUED) 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 vehic le. The term "motor vehic le" shall mean any device in, upon or by which any person or property is or may be transported upon a highway, excepting 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) Ope.!:.~to~. 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. " 117 MINUTES OF REGULAR MEETING, JULY 19; 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE ORDINANCE (CONTINUED) (a) Grantee shall pay, and by its accept'ance 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 franchdse. I 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. (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 itself 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: I (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 (3) In the sum of fifty ($50,000.00) for the loss of or damage another, including personal property, stances, in sums as may be required approved by New Hanover County. thousand dollars to the property of under like circum- by the State or as 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. 118 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) AMBULANCE FRANCHISE ORDINANCE (CONTINUED) 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 Commissioners 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. 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 validity of the remaining portions hereof. SECTION 11. Ordinances ReE~aled. 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. FINALLY adopted by a second reading and passage at a Regular Meeting of the Board of County Commissioners of New Hanover County on the 19th day of July, 1982. BUDGET AMENDMENT - VARIOUS The following budget amendments were approved in various budgets to re-encumber all outstanding purchase orders from the prior fiscal year: Debit - Acct. Acct. Acct. Credit - Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. Acct. #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 #11 3612 3411 3990 6120 6120 4196 4141 4311 5310 4180 6140 5310 4311 5181 4141 5131 4141 331, 360, 990, 370, 425, 323, 421, 640, 421, 392, 4ll, 640, 640, 326, 640, 326, 370, State Grant - Fort Fisher Archives & History Grant Appropriated fund balance Contracted Services Fort Fisher Supplies Contracted Services Departmental Supplies Capital Outlay - equipment Departmental Supplies M & R - Equipment Printing Capital Outlay - Equipment Capital Outlay - Equipment Professional Services Capital Outlay - Equipment Professional Services Contracted Services $ 7,421 10,800 110,787 $ 3,000 4,421 20,500 380 80,548 1,621 900 1,650 450 408 2,000 4,878 2,572 5,680 ACCEPTANCE TO ACCESS STRIP IN WRIGHTSBORO ACRES On May 17, 1982, the Commissioners considered closing of an unnamed road in Wrightsboro Acres with the condition that a 12 foot pedestrian/bicycle access be kept open down the middle of the strip. The following resolution was adopted accepting this access strip: RESOLUTION WHEREAS, Section 5, Wrightsboro Acres, is a residential subdivision lying and being east of U. S. Highway 117 (Castle "- 119 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) Hayne Road), a map of which is recorded in Map Boqk ,7, Page APPROVAL OF CONSENT AGENDA (CONTINUED) ACCEPTANCE OF ACCESS STRIP IN WRIGHTSBORO ACRES (CONTINUDED) 1, New Hanover County Registry, the same being filed for recording the 1st day of June, 1959, and the same being a division of a tract of land into subdivisions of streets and lots, said lots having been sold and conveyed by reference to said map; and WHEREAS, Lonzia James Benton and wife, Rachel E. Benton, are the owners of Lot 98 of said Wrightsboro Acres, and Murray'Lee Norris and wife, Shirley B. Norris, are the owners of Lot 99 of said subdivision, all of whom have heretofore petitioned the Board of County Commissioners of New Hanover County to close all of that unnamed road or street lying and being between Lots 98 and 99, belonging to said Petitioners; and WHEREAS, the Board of County Commissioners of New Hanover County recognizes the need of the general public to have access to the Optimist Ball Park, lying and being at the southern terminus of said unnamed street, and said Board of County Commissioners has requested Petitioners to provide a twelve-foot-wide walkway or bikeway between said Optimist Ball Park and Laurel Drive, in said subdivision, for the use of the general public; and WHEREAS, said' Petitioners have agreed to dedicate such walkway or bikeway to and for the use and benefit of the general public of New Hanover County. NOW, THEREFORE, BE IT RESOLVED, the Board of County Commissioners of New Hanover County does hereby accept, for the use and benefit of the general public of New Hanover County, the twelve-foot-wide walkway or bikeway lying and being between Lots 98 and 99 of Section 5, Wrightsboro Acres, per plat recorded in Map Book 7, Page 1, New Hanover County Registry, as more completely described in that certain qui tclaim deed dated the 8th day of July, 1982, by and between Lonzia James Benton and wife, Rachel E. Benton, and Murray Lee Norris and wife, Shirley B. Norris, grantors, to New Hanover County, grantee, and, further, said Board of County Commissioners of New Hanover County, after conducting a hearing on the matter, is satisfied and so finds that closing the unnamed road lying and being between said Lots 98 and 99 is not contrary to the public interest as a result of the conveyance of said twelve-foot-wide walkway or bikeway, and no individual owning property in the vicinity of said road or in the Wrightsboro Acres Subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property, and therefore the Board of County Commissioners does hereby adopt an order closing said road, the same to be recorded along with said quitclaim deed in the office of the Register of Deeds of New Hanover County. This 19th day of July, 1982. CONTINUATION OF PUBLIC HEARINGS TO CONSIDER CLOSING A PORTION OF - - ----- YORKSHIRE LANE IN LANSDOWNE ESTATES AND A PORTION OF OCEAN BOULEVARD AT WILMINGTON BEACH At the meeting on June 21, 1982, the Commissioners held a public hearing to consider adopting orders to close a portion of Yorkshire Lane in Lansdowne Estates and a portion of Ocean Boulevard at Wilmington Beach, The public hearing was continued to this meeting as requested by the Attorney for the petitioners. Chm. Blake reported that there had been a request that these public hearings be continued again to the second meeting in August. County Attorney Pope commented. _-TT-_-.......'_ -.---.---.... --.-----:.r:-.-----~-.----'------~---.---.----- -.-~----._-----J..-~---~---.- / i 1L20 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) I { a CONTINUATION OF PUBLIC HEARINGS - ROAD CLOSINGS (CONTINUED) 1 Upon MOTION by Comm. Barfield, SECONDED by Comm. Armistead, . the public hearing to consider closing portions of Yorkshire Lane in Lansdowne Estates and Ocean Boulevard at Wilmington Beach were UNANIMOUSLY CONTINUED until the second meeting in August. k PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Notice had been given that a hearing would be held on Monday, July 19, 1982, at 9:00 o'clock clock A.M. to consider adopting ! a resolution authorizing a Community Development Block Grant Application in the amount of $605,800 for funding a sewer system to serve the community of Seagate. (See Correction, Page 124) Planning Director Dexter Hayes reported that the Planning Department had been trying to identify Communities that might be eligible for Community Block Grant funding and explained the proposed Seagate project. Chm. Blake asked if there was anyone present to comment on this proposal and the following persons commented: 4 Mr. M. H. Vaughan Director of Engineering Ed Hilton Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following resolution approving the grant application was UNANIMOUSLY ADOPTED. (See Page 124 for addition.) 3 RESOLUTION t y BE IT RESOLVED, that on July 19, 1982, the Board of Commissioners hereby give their UNANIMOUS approval of New Hanover County's application for Community Development Block Grant Funds 1 under the Small Cities Program to provide the Community of Seagate ! with a sewerage system, and to prepare an Economic Development 1 Study for the New Hanover County Airport. 1 Adopted this the 19th day of July, 1982. RENOVATION OF CAPE FEAR TECH BUILDING AT 922 NORTH FRONT STREET Director of Engineering Ed Hilton and Architect John Sawyer gave a brief presentation to the Commissioners on the proposed plan for renovation of the Cape Fear Technical Institute building at 922 North Front Street. I 1 JUDICIAL BUILDING CHANGE ORDER Mr. Herb McKim and Mr. E. J. Marsh of Ballard, McKim and JSawyer Architects appeared before the Commissioners to explain the problems with the Peoples Federal Savings and Loan Association retaining wall adjacent to the construction site of the Judicial Building and requested authorization for additional work and b funds up to a maximum of $23, 500. i 4 Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the i Change Order be approved. Upon vote the MOTION CARRIED UNANIMOUSLY. 1 A copy of the Change Order is on file with the contract in the County Manager's Office. ENCROACHMENT AGREEMENT WITH PEOPLES FEDERAL SAVINGS AND LOAN FOR ALTERATIONS TO RETAINING WALL -3i I' Director of Engineering Ed Hilton explained the necessity of an encroachment agreement with Peoples Federal Savings and Loan Association for alterations to their retaining wall in connection I i with the Judicial Building construction. Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to approve the encroachment agreement with Peoples Federal Savings and Loans Association subject to the changes outlined by Director of 5 i Engineering Ed Hilton. Upon vote the MOTION CARRIED UNANIMOUSLY. 4 1 121 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) ENCROACHMENT AGREEMENT WITH PEOPLES (CONTINUED) A copy of the agreement is on file in the County Manager's office. BREAK Chm. Blake recessed the meeting for a break from 10:01 o'clock a.m. until 10:28 o' clock a. m. APPROVAL OF CONTRACT WITH SERVOMATION FOR JAIL FOOD SERVICE Sheriff Radewicz and CaptainSpell of the Sheriff's 1 Department and Mr. Gary Wilson of Servomation Corporation appeared before the Board to explain and answer questions on their recommendation that the County enter into an agreement with Servomation to provide food service for the jail. Comm. Armistead MOVED to ask the Sheriff's Department to proceed with the this and give the contract to the County Attorney 4 and let him develop it to his satisfaction and to bring it back to the Commissioners for final passage at the next meeting. Mr. Tommy Barnhill commented. Comm. Barfield SECONDED Comm. Armistead's MOTION and upon vote the MOTION CARRIED UNANIMOUSLY. HOME PSYCHIATRIC NURSING Ms. Delores Brewster and her legal council, Mr. Tom Cox, attorney,appeared before the Board to explain and answer questions on her proposal concerning a psychiatric nursing service in connection with involuntary commitments in the County. Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to accept the information as presented by Mrs. Brewster as information on a possible program for the County and that she go through the system for review and that it be left up to Southeastern Mental Health Center to initiate any action. Upon vote, the MOTION x CARRIED UNANIMOUSLY. UPDA TE ON 1983 TAX REVALUATION PROJECT Tax Administrator Larry Powell and Appraisal Supervisor David Spaller briefed the Commissioners on the progress of the 1983 Tax Revaluation Project. REPORT ON DISPOSAL OF OLD TIRES OFF CAROLINA BEACH ROAD Acting Health Director Jim McMahan updated the Commissioners on the disposition of some old tires on a lot off the Carolina Beach Road. 1 County Attorney Pope commented on the recent Legislation giving Counties the authority to handle nuisances. Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the Superintendent of Inspections be the person to oversee that type of situation, in conjunction with the County Manager and any other department of the County that needed to be involved in those things, and review the case to determine whether or not it was a health hazard or safety hazard and make recommendations to the Commissioners for appeals from his determination. Upon vote the MOTION CARRIED UNANIMOUSLY. LOWER CAPE FEAR WATER AND SEWER AUTHORITY REPRESENTATION Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, to approve two additional representatives on the Lower Cape Fear Water and Sewer Authority for the City of Wilmington and upon vote the following Resolution was UNANIMOUSLY ADOPTED: RESOLUTION WHEREAS, the City has requested that its representation on the Authority be increased from two to four members; and WHEREAS, the Board of Commissioners has determined that __ I 1122 I MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) LOWER CAPE FEAR WATER AND SEWER REPRESENTATION - N NUE RESOLUTION COTID it is in the best interests of the Authority for the representation of the City to be so increased; now, therefore, BE IT RESOLVED by the Board of Commissioners for the 1 County of New Hanover that Section 1. The Board of Commissioners hereby consents to the increase in the representation of the City on the Authority from two to four members. 3 Section 2. Paragraph (d) of the Articles of Incorporation of the Lower Cape Fear Water and Sewer Authority e shall be amended to provide that the Authority shall have fifteen 1 members, four appointed by the City, four appointed by Brunswick I County, two appointed by Columbus County, two appointed by New Hanover County, two appointed by Pender County and one appointed by Bladen County. t Section 3. The Chairman and Clerk of the Board of Commissioners are authorized to sign on behalf of the County of New Hanover the amended Articles of Incorporation of the Authority in the form of Exhibit "A" attached hereto. Section 4. This resolution shall take effect upon its passage. __ Thereupon Commissioner Claud O'Shields, Jr. MOVED the passage of the foregoing resolution entitled: "RESOLUTION i CONSENTING TO AN INCREASE IN THE REPRESENTATION OF THE CITY OF t WILMINGTON (THE "CITY") ON THE LOWER CAPE FEAR WATER AND SEWER AUTHORITY (THE "AUTHORITY"), and Commissioner Karen E. Gottovi seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Armistead, Barfield, Gottovi, O'Shields and Chairman Blake. Noes: None. CHM. BLAKE DESIGNATED AS VOTING DELEGATE TO ANNUAL CONFERENCE OF NCACC ā€” ā€” -'iā€” 1 Upon MOTION by Comm. O'Shields, SECONDED by Comm. Gottovi, ; Chm. Blake was UNANIMOUSLY DESIGNATED as New Hanover County's voting delegate to the 75th Annual Conference of the North 1 Carolina Association of County Commissioners to be held in Raleigh on August 12-15, 1982. DENIAL OF REQUEST FOR RESUBMISSION OF APPLICATION FOR R-15-S ZONING CATEGORY 1 The Quality of Life Alliance had requested the Commissioners 1 direct the County Planning Board to resubmit the application for the establishment of an R-15-S category. ā‚¬ -T Comm. Gottovi MOVED to resubmit the application for R-15-S i i Zoning Category to the Planning Board. The MOTION DIED for lack g 1 of a second. The following persons offered comments: i 1 3 Mr. Ken Silliman of the Planning Staff i Mr. M. H.Vaughan t Comm. O'Shields MOVED, SECONDED by Comm. Barfield, that the F g request be denied. Upon vote the MOTION CARRIED AS FOLLOWS: f :M Voting Aye: Commissioners Armistead, Barfield, O'Shields and Chm. Blake. y E f 4 123 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) DENIAL OF REQUEST FOR RESUBMISSION OF APPLICATION FOR R-15-S ZONING CATEGORY (CONi'INUEn-r------- ------ --.- -- Voting Noe: Comm. Gottovi. ADDITIONAL ITEMS I UPDATE ON LOWER CAPE FEAR WATER AND SEWER AUTHORITY WATER SYSTEM Mr. Bob Mack, one of the New Hanover County representatives on the Lower Cape Fear Water and Sewer Authority, Mr. Kurt Taube, Executive Director of the Authority, and Mr. David Sims of W. R. Grace Company appeared before the Board to update the Commissioners on the status of the water line to be constructed by the Lower Cape Fear Water and Sewer Authority. They requested that New Hanover County consider the possibility of contributing to the project. Comm. O'Shields MOVED, SECONDED by Comm. Barfield, that the County agree to make available in the contingency of the Water Authority up to $200,000 to be used in the contingency fund portion of the construction project, thereby helping to reduce the total amount of indebtedness that may have to be carried and this would be a one time contribution to the project from the standpoint of construction. Mr. M. H. Vaughan commented. Upon vote the MOTION CARRIED UNANIMOUSLY. BREAK Chm. Blake recessed the meeting for a break from l2: 42 o'clock p. m. until 12:56 o'clock p. m. I ADDITIONAL ITEMS (CONTINUED) ADDITIONAL FUN~ING FOR LOWER CAPE FEAR WATER AND SE~ER AUTHORITY OFFICE Chm. Blake commented on a letter he had received concerning the Lower Cape Fear Water and Sewer Authority office operational funds being depleted after July 31, and the need for some additional funding for 60 days to keep th~, office operational during this c;:i tical period. He reported that' the total amount neede'd was $13,000 which would be approximately $2,165 from each governmental unit represented by the authority. Comm. O'Shields MOVED, SECONDED by Comm. Armistead to approve the request for funding in the amount Qf $2, l65 from contingencies and upon vote the following budget amendment was UNANIMOUSLY APPROVED. Debit Credit - Acct. Acct. #11 9800 911, Contingencies #11 4925 570, LCFW&S Authority $2,165 $2, 'l65 I DISCUSSION ON DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Comm. Gottovi commented ~the application that had been recei ved for appointment to the Domiciliary Horne Community Advisory Committee and requested information on the establishment of that committee. The Clerk was requested to contact the Social Services Department inquiring as to the status of the guidelines for establishment for the Domiciliary Horne Community Advisory Committee. APPOINTMENT OF ALYCE BROWN TO NURSING HOME ADVISORY COMMITTEE Upon MOTION by'; Comm. Gottovi, SECONDED by Comm. Armistead, Alyce Brown was UNANIMOUSLY APPOINTED to the Nursing Horne Advisory Committee for an initial one-year term as a nominee of the ,nursing home administrators. 124 MINUTES OF REGULAR MEETING, JULY 19, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON DATE FOR WORK SESSION ON TAX REVALUATION It was agreed to change the time of~he August 2 meeting to begin at 4:30 in the afternoon to have a work session with the Tax Administrator on the 1983 Revaluation. ADJOURNMENT Comm. Armistead MOVED, SECONDED by Chm. Blake, that the meeting be adjourned. Upon vote the MOTION CARRIED UNANIMOUSLY. Chm. Blake adjourned the meeting at 1:05 o'clock p.m. Respectfully submitted, ~,8,~ Alyce B. Brown, Clerk MINUTES OF REGULAR MEETING, AUGUST 2, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, August 2, 1982, at 4:30 o'clock p.m. in the Tax Administrators Conference Room on the Second Floor, New Hanover County Administration Building, Wilmington, North Carolina. The time of the meeting was changed to begin at 4:30 p. m. to have a work session with members of the Tax Department staff on the 1983 Revaluation Project. Members present were: Commissioners Jonathan Barfield, Sr.; Karen E. Gottovii Claud O'Shields, Jr.; County Manager G. Felix Cooper; County Attorney Robert W. Pope and Clerk to the Board Alyce B. Brown. Commissioner Howard L. Armistead~ Jr. and Chairman Donald P. Blake arrived in time for the Regular Meeting agenda and were present for the rest of the meeting. Revaluation Work Sessions Tax Administrator Larry Powell passed out some appraisal manuals for the Commissioners to use and introduced the following tax department staff members who explained and answered questions from the Commissioners on the 1983 Revaluation: Mr. David Spaller, Appraisal Supervisor Mr. Jim Bethune, Assistant Appraisal Supervisor Mr. Terry Baird, Systems Analyst and Programmer BREAK The meeting was recessed from 6:12 o'clock p. m. until 7:00 o'clock p. m. for supper. RECONVENING OF REGULAR MEETING Chm. Blake called the meeting back to order at 7:02 o'clock p. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina, Comm. O'Shields gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JULY 19, 1982 The Clerk pointed out to the Commissioners that the following corrections needed to be made to the minutes: on page 120 "Public Hearing - Community Development Block Grant Application", the figure should be changed from $605,800 to $725,800. She also pointed out that the motion for adoption of the Resolution should show that the Chairman was authorized to sign a letter committing $255,200 in local funds if the grant was approved. Upon MOTION by Cornrn. Gottovi, SECONDED by Comm. Barfield, the Minutes of the Regular Meeting of July 19, 1982, were UNANIMOUSLY APPROVED as corrected. "