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HomeMy WebLinkAbout1982-10-18 Regular Meeting I ' : I' I 169 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 18, 1982, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, wilmington, North Carolina. 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. Chairman Blake called the meeting to order. Comm. O'Shields gave the invocation. APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 4, 1982 Comm:- Armistead asked that he be excused from voting on approval of the minutes since he was not present at the meeting. By consensus of the Board, Comm. Armistead was excused from voting. Comm. Gottovi MOVED, SECONDED by Chm. Blake, that the minutes of the regular meeting of October 4, 1982, be approved as presented. Upon vote the MOTION CARRIED as follows: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields and I Abstaining: Comm. Armistead. APPROVAL OF CONSENT AGENDA Upon~OTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Consent Agenda items were UNANIMOUSLY approved: TAX FORECLOSED PROPERTY - 405 SOUTH SIXTH STREET As recommended by the Tax Administrator, the Commissioners approved conveyance of property located at 405 South Sixth Street back to the prior owner. AMENDMENT TO HEALTH DEPARTMENT FEE POLICY AND SCHEDULE Approval was given to some changes of the wording in Section VI, Collection, on page three of the Health Department Fee Policy and Schedule. A copy of the page showing the amendment is contained in Exhibit Book IX, page 22. RESOLUTION ACCEPTING OFFERS FOR SURPLUS PROPERTY A Resolution was adopted accepting offers to purchase surplus real property. A copy of the Resolution and the tabulation of bids received is contained in Exhibit Book IX, page 22. I CONTRACT FOR HEALTH EDUCATION RISK REDUCTION PROJECT The Health Department was awarded $56,145 by the N. C. Department of Human Resources for the development and implementation of a Health Education Risk Reduction Project. The grant was accepted and the Chairman authorized to execute the formal acceptance agreements. A copy of the agreement is on file in the County Manager's Office. ~ 170 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - MUSEUM The following amendment in the Museum Budget was approved to transfer IMS Federal grant money from Fiscal Year 1981/82 to Fiscal Year 1982/83 to cover expenditures and to re-budget revenue to be received in Fiscal Year 1982/83: Debit - Acct. #11 3611 200, Museum Grant $4,455 Acct. #11 3990 990, Fund Balance 250 Credit - Acct. #11 6140 100, Salaries and Wages $3,758 Acct. #11 6140 210, FICA 254 Acct. #11 6140 520, Travel 443 Acct. #11 6140 326, Professional Services 250 BUDGET AMENDMENT - MUSEUM The following amendment was approved in the Museum Budget to distribute funds received from the Institute of Museum Services Grant: Debit Credit - Acct. - Acct. Acct. Acct. #11 #11 #11 #11 3614 212, 6140 100, 6140 210, 6140 421, Museum Grant - IMS Salaries & Wages FICA Supplies & Materials $19,964 $18,414 1,245 305 BUDGET AMENDMENT - LIBRARY The following amendment in appropr ia te funds for Construction Enrichment Library: the Library budget was approved to 1982/83 Library Services and Grant received from N.C. State Debit - Acct. #11 3611 334, Library Enrichment Grant $12,478. Credit - Acct. #11 6110 423, Books $ 3,665 Acct. #11 6110 640, Equipment 8,813 r BUDGET AMENDMENT - PARKS AND RECREATION The following amendment was approved in the Parks and Recreation budget to purchase a small used truck: Debit - Acct. #38 6125 911, Arrowhead Contingencies $ 4,200 Credit - Acct. #38 6125 640, Capital Outlay Equipment $ 4,200 BUDGET AMENDMENT - PROPERTY MANAGEMENT The following amendment was approved Management budget to appropriate funds for the building at 5th and Chestnut Streets: in the Property the maintenance of Debit - Acct. #11 9800 911, Contingencies $32,400 Credit - Acct. #11 4196 100, Salaries and Wages $ 3,500 Acct. #11 4196 340, Utilities 17,400 Acct. #11 4196 370, Contracted Services 1,500 Acct. #11 4196 391, M&R - Bldgs. & Grounds 10,000 APPROVAL OF THE REPORT OF COLLECTOR OF REVENUE THROUGH SEPTEMBER 30, 1982 A copy of the Report of the Collector of Revenue through September 30, 1982, as approved is contained in Exhibit Book IX, page 22. r APPROVAL OF TAX ABATEMENTS AND REFUNDS A copy of~he list of Tax Abatements and Refunds as approved is contained in Exhibit Book IX, page 22. PRESENTATION OF CERTIFICATES OF COMMENDATION On behal~of the Board, Chm. Blake presented certificates of commendation to the following Inspections Department personnel for professional achievements: '-- 171 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) PRESENTATION OF CERTIFICATES OF COMMENDATION (CONTINUED) Personnel Standard Certificates Mr. Burris Kenneth Fowler Mr. James Allen Golden Mr. Brownie Buck Tripp Mr. William Henry Wicks #370, Plumbing Level III #329, Mechanical Level III #384, Plumbing Level III #288" Building Level III I PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE, ARTICLE II, DEFINITIONS, BY 'ADDING A NEW SECTION 23-72 TO DEFINE HOTEL/MOTEL- - - This public hearing was continued from the meetings of September 7 and October 4, 1982. Planning Director Hayes gave the background on the events leading up to the request for this amendment to the Zoning Ordinance. He reported that the Planning Board had considered it at its meeting in September and that Board's recommended definition had been forwarded to the Commissioners. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that hotel/motel conform to the planning staff's original proposal, "An establishment containing six (6) or more guest rooms designed without independent cooking facilities and intended for temporary lodging, entertainment and various personal services for pay to the public." The following persons commented: I County Attorney Pope Inspections Director Conklin Comm. Gottovi reworded her definition for hotel/motel as follows: "An establishment containing guest rooms all of which are designed without independent cooking facilities and intended for temporary lodging, entertainment and various persona.l services for pay to the public." Comm. Barfield SECONDED the modification and upon vote the MOTION was DEFEATED as follows: Voting Aye: Comm. Barfield and Gottovi. Voting Noe: Comm. Armistead, O'Shields and Chm. Blake. County Manager Cooper commented. After further discussion it was agreed by consensus of the Board to continue this public hearing to the meeting on November 1 and meet jointly with the Planning Board to discuss definitions for various types of hotels and motels and the areas in which they could be located. I REQUEST FOR DELAY OF WRIGHTSVILLE SOUND PUBLIC SERVICES FACILITIES Mr. Henry Johnston, representing the Save Airlie Road Association, appeared before the Board to request that the execution of any contract for placement of public services facili ties in the Wrightsville Sound area be delayed until the present Zoning Ordinances as they affect the rural services area could be reviewed, examined, amended and brought into compliance with the intent and requirements of the land use plan. The following persons offered cQmments on this request: Dr. Donald Getz 172 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) REQUEST FOR DELAY OF WRIGHTSVILLE SOUND PUBLIC SERVICES FACILITIEs-TCONTlNUEDr- Planning Director Hayes County Manager Cooper Mr. M. H. Vaughan Mrs. Melody Stein Mr. R. A. Ashworth Inspections Director Conklin Mrs. Judy Getz It was agreed by consensus of the Board that no final decision would be made on the Wrightsville Sound Sewer System Tie-in until after December 1, which was the deadline for receiving funds from individuals who had expressed an interest in tying-in to the system. BREAK Chm. Blake recessed the meeting for a break from 10:55 o'clock A.M. until 11:25 o'clock A.M. FURTHER DISCUSSION ON PUBLIC HEARING TO DEFINE HOTEL/MOTEL Chm. Blake reported that there had been some confusion over the public input on the definition of hotel/motel and stated that he wanted the record to indicate that this public hearing was continued to the meeting of November 1, at which time additional public comments could be heard. Mrs. Laura Head commented. REQUEST FOR REZONING AIRLIE ROAD FRONT Mr. M. H. Vaughan, representing the Quality of Life Alliance, appeared before the Board to request that portions of the Airlie Road Front be rezoned and that height limits be placed on construction along those areas. ,- Planning Director Hayes commented. IN-HOME SERVICES COMMITTEE Mr. Ed Harris and Mr. Richard Gerrish of the In-Home Service Committee appeared before the Board to discuss that committee's work and request guidance on future activities to be undertaken. They presented the Commissioners with a copy of the Committee's by-laws. County Manager Cooper commented. Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, that the Board of Commissioners of New Hanover County endorse the New Hanover County In-Home Services Committee and encourages the communication between agencies and with the public to inform them of the availability of in-home services. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Committee's by-laws are contained in Exhibit Book IX, page 22. LAW ENFORCEMENT CENTER RENOVATIONS FOR ADDITIONAL BUNK SPACE Capt. Robert Spell of the Sheriff's Department and Director of Engineering Ed Hilton appeared before the Board to explain and answer questions on the proposed renovations to the Law Enforcement Center to provide additional bunk space. r County Manager Cooper commented. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to accept the information and that action be postponed until after the Commission and staff representatives had attended the conference '- 173 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) LAW ENFORCEMENT CENTER RENOVATIONS FOR ADDITIONAL BUNK SPACE (CONTINUED) on Jail Crisis in Washington on November 10 through 13, 1982. Upon vote, the MOTION CARRIED UNANIMOUSLY. I DATE FOR PUBLIC HEARING ON NO WAKE ZONE AT MYRTLE GROVE SOUND Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to advertise a public hearing for the meeting of November 15 to consider establishment of a No Wake Zone in Myrtle Grove Sound. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISPOSITION OF COUNTY OWNED PROPERTY ADJACENT TO MUSEUM Director-of Engineering Ed Hilton appeared before the Board to explain his proposal for disposition of the County owned property adjacent to the Museum. Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to approve the following as recommended by the Director of Engineering and Facilities: 1. Declare the structures only of 818-820 Market Street, and 14 South Ninth Street as surplus. 2. Declare the lot and structure at 811 Dock Street as surplus subject to the following procedure: a. Attempt to sell the structure and retain the land. b. Failing this, sell the lot and the structure subject to easement on the rear of the lot for use by the Museum. I 3. Demolish any of the units not disposed, of by the above procedure. 4. The process to be followed is the negotiated offer and advertisement for upset bid procedure. 5. If no suitable responses are received the County will advertise for proposals to demolish any of the structures remaining. Upon vote the MOTION CARRIED UNANIMOUSLY. PROPOSAL FOR ACQUISITION OF BLOCKADE RUNNER MUSEUM EXHIBITS Dr. Tom Loftfield, Chairman of the Museum Board of Trustees, appeared before the Commissioners to request' the County acquire the museological exhibits of the Blockade Runner Museum. The following persons offered additional comments: Museum Director, Janet Seapker Mr. John Jeffries of the Museum Board outlined the financial aspects of the proposed acquisition. County Manager Cooper Mr. Gehrig Spencer of the Fort Fisher Museum I Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the County Manager meet with Sarah Hodgkins, Secretary of the Department of Cultural Resources, to see what suggestions and recommendations she had, and in the meantime the County could notify Mr. Faw or his representative that the County was interested in this project and talking to the State about a cooperative venture in it and would need some time in order to work it out. Upon vote the MOTION CARRIED UNANIMOUSLY. 174 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) AMERICAN ENTERPRISE DAY PROCLAMATION Comm. Gottovi-r:1OVED, SECONDED by Comm. O'Shields, to authorize Chm. Blake to sign a proclamation designating November 15, 1982, as American Enterprise Day in New Hanover County. Upon vote, the following Proclamation was UNANIMOUSLY ADOPTED. PROCLAMATION WHEREAS, America's enterprise system is a cornerstone in our society; and WHEREAS, that system has produced the highest standard of living in the world; and WHEREAS, that system depends on and rewards individual initiative and innovation; and WHEREAS, American productivity is vital to the world's economy and must be encouraged; and WHEREAS, the continuance and growth of our enterprise system depends in large part on the education of America's young men and women concerning that system: NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners, that November 15, 1982, is hereby designated AMERICAN ENTERPRISE DAY in New Hanover County. This the 18th day of October, 1982. LUNCH BREAK Chm. Blake recessed the meeting for a lunch break from 1:05 o'clock P.M. until 2:09 o'clock P.M. ADDITIONAL ITEMS REQUEST FOR PUBLIC SCHOOLS INSURANCE INFORMATION Comm. Gottovi requested that the Commissioners be informed what the insurance status was with all the schools in the County and what kind of liability there was. DISCUSSION ON APPOINTMENT TO MARINE RESOURCES BOARD Chm. Blake commented on the County's need to appoint someone to the Marine Resources Board. It was agreed to wait to a later meeting to make that appointment. REQUEST FOR LIBRARY BRANCH SPACE IN COLLEGE SQUARE SHOPPING CENTER Library Director David Paynter and Mr. Eugene Merritt, Jr. appeared before the Board to explain and answer questions on the Library Board's proposal to lease property at College Square Shopping Center for a branch library. Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to give philosophic approval for the branch location. Upon vote, the MOTION CARRIED UNANIMOUSLY. BUDGET AMENDMENT - 5TH STREET BUILDING Upon MOTION by Com~Armistead, SECONDED by Comm. O'Shields, the following amendment in the non-departmental budget to set up the initial payment on the 5th Street Building was UNANIMOUSLLY APPROVED: ~ 175 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) BUDGET AMENDMENT - 5TH STREET BUILDING (CONTINUED) Debit - Acct. #11 3321 890, Payments for use of Real Property $11,340 Acct. #11 3990 990, Appropriated Fund Balance 43,660 Credit - Acct. #11 4200 594, Installment/Lease payments $55,000 I RATIFICATION OF ENFORCEMENT Upon MOTION by Comm. Gottovi, SECONDED by Comm. O'Shields, the following contract with Duplin County for Law Enforcement was UNANIMOUSLY APPROVED: CONTRACT WITH DUPLIN COUNTY FOR LAW On September 20, 1982, a contract between New Hanover County and Duplin County was entered into by and between the Finance Officer and Personnel Officer of each County, pursuant to the provisions of North Carolina General Statutes, Chapter 153A, Article 10, and Chapter 160A, Article 20, the terms of said contract ,being as follows: (1) Purpose - Law Enforcement Assistance (2) Duration - Upon agreement of each County ( 3 ) County Personnel - Appointed by the Sheriff of each (4) Financing - To be paid by New Hanover County I Furthermore, New Hanover County, to the extent permited by the Constitution and laws of North Carolina, does indemnify and hold free and harmless Duplin County from any liability which might result from the terms of this contract. DISCUSSION ON RESOURCE RECOVERY CONTRACT In view o~the recent claims made by the Wilmington Contractors Association, County Attorney Pope reiterated that in his opinion, the County had not violated any laws whatsoever in connection with the proc~dures used on the bidding process for the resource recovery facility contracts. Comm. Armistead MOVED, SECONDED by Comm. O'Shields, that the County proceed on the course on which they had been proceeding. Upon vote the MOTION CARRIED UNANIMOUSLY. Chm. Blake requested that the record show 'that the Board believes the project to be of such a unique character that it was a system and not a building and that the Board believed that at that point by unanimous decision they had made a correct decision to the best of their knowledge and ability. COMMISSIONER ARMISTEAD LEFT AT 2:50 O'CLOCK P.M. AND WAS ABSENT FOR THE REST OF THE MEETING. I County Manager Cooper reported that the site contract had been signed; that the steam contract was in the final drafting stages; and that he understood the contract with Clark-Kenith was ready, and reported that it was possible a special meeting would need to be held to approve these contracts before the next regular meeting. DISCUSSION ON ACCEPTANCE AND DISPOSAL OF TUGS FOR ARTIFICIAL FISHING REEF Mr. Meares Harriss, Jr. discussed with the Commissioners the method of accepting and disposing of some tugs that were being donated for the artificial fishing reef program. - 176 MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) DISCUSSION ON ACCEPTANCE AND DISPOSAL OF TUGS FOR ARTIFICIAL FISHING REEF (CONTINUED) -- ---- Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to authorize up to $2,145 for the insurance on the tugs based on the County Attorney's legal approval and the County Manager's administrative approval. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields and Absent: Comm. Armistead. ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Chm. Blake, that the meeting be adjourned. Upon vote the MOTION CARRIED AS FOLLOWS: Voting Aye: Chm. Blake. Commissioners Barfield, Gottovi, O'Shields and Absent: Comm. Armistead. Chm. Blake adjourned the meeting at 3:00 o'clock P.M. Respectfully submited, ~e~~. ~ Alyce B. Brown, Clerk ,- .~ ~~ + .. ... -....'~. -" , ' MINUTES OF REGULAR MEETING NOVEMBER 1, 1982 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, November 1, 1982, at 6:30 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Howard L. Armistead, Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.; Chm. 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. Dr. Arthur H. Williams, Jr. of Pearsall Memorial Presbyterian Church gave the invocation. EXPRESSION OF SYMPATHY ON DEATH OF PENDER COUNTY COMMISSION CHAIRMAN, MARVIN AUTRY Chm. Blake reported that he and Comm. O'Shields had attended the visitation and he and Comm. Barfield had attended the funeral to express condolences on behalf of the New Hanover County Board of Commissioners upon the recent death of Pender County Commission Chairman, Marvin Autry. r i APPROVAL OF MINUTES: REGULAR MEETING OCTOBER 18, 1982 Upon~OTION by Comm. O'Shields, SECONDED by Comm. Barfield, the Minutes of the Regular Meeting of October 18, 1982, were UNANIMOUSLY APPROVED as presented. '--