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1983-02-21 Regular Meeting MINUTES OF CONTINUED MEETING, FEBRUARY 14, 1983 (CONTINUED) 241 ADDITIONAL ITEMS (CONTINUED) COUNTY ATTORNEY'S OPINION ON APPEALS - SIMMONS CASE County Attorney Pope stated that ther~ is a provision wherein a cause of action exists if you amend a zoning ordinance, but in a matter such as occurred in the Simmons hearing, action was not taken. A request for a zoning amendment was denied, and it is the County Attorney's opinion that there is no appeal in this matter. I Chairman Gottovi requested County Attorney Pope to write Mr. Simmons a letter stating that the action is final and there is no appeal unless he wants to initiate a civil action and that he must remove the structure that he had started. / ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adjourn. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioners Barfield, Blake, O'Neal and Chairman Gottovi Absent: Commissioner O'Shields Chairman Gottovi adjourned the meeting at 10:58 o'clock P.M. ~dZd' Lucie F. Smith, Clerk I MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 The New Hanover County Board of Commissioners met in Regular Session on Monday, February 21, 1983, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Rev. Ralph W. Jernigan, Pastor of First Pentecostal Holiness Church, gave the invocation. APPROVAL OF MINUTES FOR REGULAR MEETING, FEBRUARY 7, 1983 Commissioner Barfield MOVED, SECONDED by Commissioner Blake that the minutes of the Regular Meeting of February 7, 1983, be approved as presented. Upon vote, the motion CARRIED UNANIMOUSLY. 242 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA Upon MOTION by Commissioner Blake, SECONDED by Commissioner Barfield, the following Consent Agenda items were UNANIMOUSLY APPROVED: REPORT OF COLLECTOR OF REVENUE THROUGH JANUARY 31, 1983 A copy of the Report of the Collector of Revenue through January 31, 1983, as approved is contained in Exhibit Book X, Page 2. APPROVAL OF TAX ABATEMENT AND REFUNDS A copy of~he-1ist of tax abatements and refunds as approved is contained in Exhibit Book X, Page 2. RELEASE OF TAXES BARRED BY G. S. 105-378 A copy of individual accountS-for release as approved are contained in Exhibit Book X, Page 2. SALE OF TAX LIENS ON REAL PROPERTY A cop~of tax liens outstanding as of January 31, 1983, as approved are contained in Exhibit Book X, Page 3. ACCEPTANCE OF OFFER TO PURCHASE SURPLUS PROPERTY The Commissioners adopted a resolution accepting an offer to purchase surplus real property from the City of Wilmington. A copy of the resolution is contained in Exhibit Book ~, Page 3. CHANGE ORDER NO 2 - HALL CONTRACTING - SOUTHSIDE TREATMENT ---- PLANT The Commissioners approved Change Order No. 2 for Hall Contracting Corporation work on the Southside Treatment Plant tanks reducing the contract amount by $16.00, authorizing Chairman Gottovi to execute the agreement. CHANGE ORDER E-2 - JUDICIAL BUILDING PROJECT - GRAVES ELECTRIC COMPANY The Commissioners approved Change Order E-2 to the Judicial Building Project for electrical changes by Graves Electric Company deducting $350 for deleting the county shelf for the fire alarm communications equipment. SEPTAGE DISPOSAL FACILITIES The Commissioners approved an adjustment of fees for design services for the septage disposal facilities from $24,030 to $36,030. COLLECTION OF EMERGENCY MEDICAL SERVICES ACCOUNTS RECEIVABLES The Commissioners approved the recommendations by the Finance Director for implementation of collection procedures for Emergency Medical Services Accounts Receivables. CHANGE ORDERS E-1 AND G-4 AND BUDGET AMENDMENT FOR JUDICIAL --- BUILDING PROJECT The Commissioners approved Change Order E-l due to a change of conduit material type as required by code and Change Order G-4 due to a change in materials in the plaque from bronze to aluminum. The following Budget Amendment was approved: Debit - Acct. #48 9800 911 Contingencies Credit - Acct. #48 4708 623 Electrical Contractor $3,982 $3,982 CONTRACTS WITH PROPERTY OWNERS FOR WELLS ON GREENVILLE LOOP ROAD AND CONTRACTS WITH SKIPPER PUMP AND WELL DRILLING COMPANY The Commissioners authorized Chairman Gottovi to execute contracts with property owners for wells on Greenville Loop Road as follows: " 243 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CONTRACTS WITH PROPERTY OWNERS FOR WELLS ON GREENVILLE LOOP ROAD AND CONTRACTS WITH SKIPPER PUMP AND WELL DRILLING COMPANY-rcCONTINUED) I Herbert J. Erne, Jr. and wife, Mary B. Erne Annie Evans Denham and husband, Julius E. Denham Robert Alvin Brooke and wife, Mildred Irene Brooke J.A. Alford and wife, Mary Lou Alford Chairman Gottovi was also authorized to execute contracts with Skipper Pump and Well Drilling Company to perform the necessary work. BUDGET AMENDMENT - HEALTH DEPARTMENT - HEALTH/TUBERCULOSIS The Commissioners-approved the following Budget Amendment for the Health Department to appropriate additional State Grant Funds to support the Tuberculosis Program: Debit Credit - Acct. - Acct. Acct. Acct. #11 #11 #11 #11 3515 5152 5152 5152 371 421 520 640 Revenue Dept. Supplies Travel, Meet & Capital Outlay Schools $3,100 $ 800 500 1,800 BUDGET AMENDMENT - SOCIAL SERVICES The Commissioners-approved the following Budget Amendment for the Social Services Department to appropriate funds for mid- year budget adjustments: I Debit - Acct. #11 3535 372 Crisis Intervention Program $61,938 Acct. #11 5338 531 State Foster Home Fund 10,000 Acct. #11 5350 327 Sheriff's Dept. Service Fee (IV-D) 700 Acct. #11 3535 100 Child Protective Improvement Project 13~644 Credit - Acct. #11 5358 530 Crisis Intervention Pymts. $61,938 Acct. #11 5338 534 AFDC Foster Care Supplies 5,000 Acct. #11 3533 371 State Foster Care Fund 5,000 Acct. #11 5350 334 (IV-D) Set Off Dept Collections 700 Acct. #11 5351 100 Salaries & Wages 2,343 Acct. #11 5351 210 FICA 157 Acct. #11 5351 333 Consultants 3,000 Acct. #11 5351 421 Dept. Supplies 450 Acct. #11 5351 423 Office Equipment 415 Acct. #11 5351 520 Travel Mtgs. & Schools 1,780 Acct. #11 5351 640 Capital Outlay 5,499 BUDGET AMENDMENT - SOCIAL SERVICES - CAROLINA POWER & LIGHT COMPANY GRANT The Commissioners approved the following Budget Amendment for the Social Services Department to establish a budget for the CP&L Grant: Debit - Acct. #11 3535 373 CP&L Energy Assistance Program $2,860 Credit - Acct. #11 5357 530 CP&L Energy Assistance Pymts. $2,860 I BUDGET AMENDMENT - PARKS & RECREATION - FORT FISHER The Commissioners-approved the following Budget Amendment for the Parks & Recreation Department to transfer funds for the Ft. Fisher Beach Management Program: Debit - Acct. #11 6120 640 Capital Outlay $5,428 Credit - Acct. #11 6120 370 Lifeguards - Ft.Fisher $5,428 BUDGET AMENDMENTS - HEALTH DEPARTMENT The Commissioners-approved the following Budget Amendments for the Health Department to pay accumulated vacation to the HHA employees and set up an office and retirement for the new Internal Auditor. 244 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET._AMENDMENTS.~ _HEALTH_DEPARTMENT (CONTINUED) Health Department - Homemaker Home Health Aide Debit Acct. #11 3517 380 Revenues $ 109 Acct. #11 5175 510 Auto Allowance 100 Acct. #11 5175 230 Group Insurance 143 Credit - Acct. #11 5175 100 Salaries $ 209 Acct. #11 5175 210 FICA 87 Acct. #11 5175 221, Retirement 56 Health Department - Internal Audit Department Debit - Acct. #11 4123 100 Salaries & Wages $ 350 Acct. #11 4123 520 Travel, Mtgs. & Schools 650 Acct. #11 3390 890 Other Revenues 600 Credit - Acct. #11 4123 640 Capital Outlay $ 550 Acct. #11 4123 421 Dept. Supplies 350 Acct. #11 4123 221 Retirement-LGERS 600 NON-AGENDA ITEMS RENAMING FORTY-EIGHTH STREET (SR 1441) Planning Director Hayes gave background information on the request by Mr. Larry J. Smith to rename Forty-Eighth Street located between pine Grove and Oleander in the Winter Park Community to Treadwell Street. He stated that the Planning Staff recommended approval. Chairman Gottovi asked if anyone present wished to speak on this request. The following person commented: Mr. Larry J. Smith, the Petitioner Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to rename Forty-Eighth Street to Treadwell Street. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance as adopted and signed is contained in Exhibit Book X, Page 3. FEES - PARKS & RECREATION - CITY OF WILMINGTON - County Manager Cooper stated that City Council had denied the request by the Commissioners to discontinue the practice of charging fees to New Hanover County residents not residing in the City of Wilmington participating in City sponsored recreation programs. He stated that Mayor Halterman had requested a joint meeting between the County Commissioners and City Council to discuss this issue. After discussion, it was the consensus of the Board to invite the City Council and other municipalities to attend the County Commissioners' regularly scheduled Board meeting on March 21, 1983, beginning at 8:30 o'clock A. M. instead of 9:00 o'clock A. M. to discuss the topic of recreation. Chairman Gottovi is to write a letter extending this invitation, and if agreeable this item is to be placed on the March 21, 1983, Agenda as Item 1. r APPOINTMENT OF DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Ms. Linda Bedo, AAA Adm in i s tra tor, ga ve backg round information on the need for the appointment of a Domiciliary Home Communi ty Advisory Committee for New Hanover County. She outlined the purpose of the program and gave an update on pending legislation in the N. C. General Assembly. After discussion by the Commissioners as to the difference between the Nursing Home Committee and the Domiciliary Rest Home Advisory Commi tee, Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the establishment of this commi ttee and make appointments after pending legislation has been completed in the General Assembly. Upon vote, the MOTION CARRIED UNANIMOUSLY. '- 245 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) I ADDITIONAL FEES - SOLID WASTE RESOURCE RECOVERY FACILITY. Mr. Stanton-Me Peters, P.E. and Mr. John Germ, President of Campbell & Associates, Inc., the consultant for the Solid Waste Resource Recovery Facility, appeared before the Commissioners with an update on this project. Mr. Stanton stated that he was pleased with the progress of the project and that the facility should be completed by August 1984. He also reviewed the revenue projections stating that the main sources of revenue will be derived from the sale of steam, sale of electricity, and tipping fees. He stated that he was comfortable with the revenue projections and the tipping fees had not been included due to the fact that these fees had to be set according to other economics. After discussion, the Commissioners requested County Manager Cooper to prepare a report reflecting the breakdown of the tipping fees and forward copies to the Commissioners. Mr. Peters explained the request for additional consultant fees in the amount of $60,000. County Manager Cooper stated that he was extremely pleased with the services provided by Campbell & Associates, particularly with the person selected for the on-site inspection services. He recommended the adjustment of their fees since the expenses incurred had been unanticipated and were directly related to the new site change, litigation, the addition of the electrical generator, and salary adjustment for the on- site inspector. Commissioner Barfield expressed his concern for this type of unexpected expense occurring in the future.' Mr. John Germ assured the Commissioners that this type of adjustment was most unusual- and was--unlike:ly -to- oceur- -again.... I Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the adjustment of the consultant fees by transferring these funds from the Contingencies. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF COUNTY ORDINANCE FOR MISUSE OF "911" EMERGENCY NUMBER SYSTEM Assistant County Attorney Davis stated that Sheriff McQueen had contacted his office requesting the proposed ordinance be drawn up due to the fact that his department had been receiving numerous crank calls of a non-emergency type. Commissioner O'Shields asked if this Ordinance would be easily enforced, and Assistant County Attorney Davis stated that this should be no problem. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt the proposed ordinance. A copy of the Ordinance as adopted and signed is contained in Exhibit Book X, Page 4. DISCUSSION - CABLE TV Mr. Robert Stanley Milner appeared before the Commissioners expressing his concern for the County Commissioners to exercise greater authority to control programming and station assignments of Vision Cable of North Carolina. He also recommended canceling the contractual and franchise arrangement with Vision Cable of North Carol ina. I After discussion, the Commissioners asked County Attorney Pope and Assistant County Attorney Davis to keep the Board informed on any congressional action with reference to this issue. CONSOLIDATION OF CITY/COUNTY INSPECTION FUNCTIONS County Manager Cooper reported that the Staff had been working with the City of Wilmington on the consolidation of the City/County Inspection functions with a target date of July 1, 1983. He stated that a report had been furnished to the Commissioners recommending County use of the City's data processing equipment and programs for the issuance of permits which wil require the installation of three (3) terminals and one printer in the County Inspections Department. County Manager Cooper requested approval of a Budget Amendment in the amount of $3,500 for the lease of the equipment, installation of the data 246 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) CONSOLIDATION OF CITY/COUNTY INSPECTION FUNCTIONS (CONTINUED) transmission lines and connectors, and monthly service charge for use of the City's computer. He also requested authorization to begin preparing the necessary contractual agreements with the City to implement this consolidation. Chairman Gottovi asked if anyone present wished to speak on this issue. The following person commented: Mr. M. H. Vaughan After discussion by the Commissioners and County Inspections Director Conklin, with reference to permit fees, personnel staffing and implementation of this consolidation, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adopt the resolution presented by the City for the consolidation of the City/County Inspection Services along with approval of the Budget Amendment and necessary contractual agreements with the City for implementation. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Gottovi recessed the meeting for a break from 10:30 o'clock A.M. to 10:40 o'clock A.M. NEW HANOVER COUNTY VS. GRAHAM AND GLENDA PLEASANT - REQUEST FOR SUPPORT BY COMMISsIONERS FOR EXTENSION OF JUDGE STRICKLAN"'i)TS ORDER Mr. John C. Wessell III, Attorney for Graham and Glenda Pleasant, appeared before the Commissioners to request support by the Board for an extension of Judge Strickland's Order. Mr. Wessell gave background information stating that the Pleasants were acting in good faith and requesting the Commissioners to give them a reasonable amount of time to sell their property thereby avoiding the closing of their business. Mr. Wessell stated that Mr. & Mrs. Pleasant were in attendance and would be glad to answer any questions by the Commissioners. Commissioner Barfield expressed his concern for the Pleasants not obtaining the building permit required by law, knowing they had a problem since July 1980, but continuing to operate their business, forcing the County to seek relief in court, and now asking the Commissioners to support this extension which in his opinion would be to support the breaking of a law. He also stated that he felt the Pleasants had been given ample time to address this problem. After discussion'by the Commissioners, Mr. John Wesseli, County Manager Cooper, County Attorney Pope, and County Inspections Director Conklin, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to deny the support by the Commissioners for an extension of Judge Strickland's Order. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY SEWER SYSTEM - UPDATE BY HENRY VON OESEN Mr. Henry M. von Oesen, P.E:: consultant for the New Hanover County Sewer System, appeared before the Commissioners with an update on the County Sewer System. He stated that the current 1983 estimated cost of this project is $16,059,000 and distributed an Economic Feasibility Report to the Commissioners showing the expenditures and revenues. (A copy of this report is on file in the Clerk's Office.) Mr.' von Oesen suggested that the County move forward with this project in order to be prepared to take advantage of any funds appropriated by Congress in the way of a Public Works Bill. Commissioner O'Shields requested Mr. von Oesen to prepare a report using a reasonable connection fee in the amount of $250- $350 per customer reflecting the impact on bond revenues and cash input from the County. County Manager Cooper requested that this report include the fiscal impact of deferring the connection '-- 247 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) NEW HANOVER COUNTY SEWER SYSTEM (CONTINUED) charge over a period of five years to customers desiring to pay this fee over a period of time. I It was the consensus of the Board to have Mr. von Oesen to prepare the requested reports, including the number of phases to be presented in the first bond issue and appear before the Commissioners at their regularly scheduled meeting of March 7, 1983, as Item 1 on the Agenda. BREAK Chairman Gottovi recessed the meeting for a break from 11:45 o'clock A.M. to 11:55 o'clock A.M. PROPOSED PORNOGRAPHY ORDINANCE Chairman Gottovi stated that a group of concerned citizens had approached the Commissioners in December 1982, requesting the adoption of an ordinance, which they had written, for controlling the display of offensive materials in New Hanover County. The County Attorney was requested to study this proposed .ordinance and draft an ordinance for consideration of the Board at a later date. This ordinance has been drafted and is before the Board for approval. Chairman Gottovi asked if anyone present wished to speak on this issue. I Mr. Jim McGinnis introduced Mr. Herman Phillips, representing the concerned ci tizens. Mr. Phillips made a presentation to the Board stating that the proposed Pornography Ordinance did not address the problem of controlling the display of offensive materials in New Hanover County and requested the Commissioners to amend the ordinance to be more effective and provide more control of offensive material being displayed to minors. After discussion by the Commissioners and Mr. Phillips, Commissioner O'Shields recommended the following changes to the proposed ordinance: (changes are underlined). Sec. 12-48. Paragraph (1) "Sexually explicit material shall mean any book, magazine or newspaper which contains on the cover or in its content any photograph, drawing, story tIt~ depiction or other visual representation, etc. Paragraph plac ing, explicit in or on showcase, (2) "Public Display" shall mean the exposing or exhibiting of sexually material as defined in Paragraph (1) a newsstand, displaY-rack, window, display case, etc. Sec. 12-49 Prohibited Acts. It shall be unlawful for any person to knowingly place on public display sexually explicit material in any business establishment frequented by minors or where minors are or may be invited as a part of the general public. Provided, however, such sexually explicit material may be displayed on any shelf, rack, stand or ledge which has an opaque screen or border of sufficient height so that only the title of such material is visible or if the cover does not contain sexually expllCit story titles. I It was the consensus of the Commissioners to have County Attorney Pope to redraft the ordinance with the suggested changes and report back to the Board. 248 MINUTES OF REGULAR MEETING, FEBRUARY 21, 1983 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS N. C. HAZARDOUS WASTE BOARD MEETING Commissioner O'Shields expressed his appreciation for the assistance and support of Chairman Gottovi, County Manager Cooper and other Commissioners in helping to make the Public Meeting of the N. C. Hazardous Waste Board at the Blockade Runner, Wrightsville Beach, North Carolina such a success. REQUEST BY WRIGHTSVILLE BEACH BOARD TO ALDERMEN TO SUPPORT ADDITIONAL ONE CENT LOCAL OPTIONAL SALES TAX Chairman Gottovi stated she had received a letter from Mayor Gene Floyd requesting the support of the Commissioners in the passage of the additional one cent local optional sales tax bill before the General Assembly. Chairman Gottovi suggested tht the Board follow the recommendation of the State Association to wait and see how these bills are amended before taking a position on this issue. It was the consensus of the Board to have Chairman Gottovi write Mayor Floyd a letter stating the Commissioners' position. JOINT MEETING - NEW HANOVER COUNTY COMMISSIONERS AND -- WRIGHTSVILLE BEACH BOARD OF ALDERMEN Chairman Gottovi stated she had received a letter from Mayor Gene Floyd extending an invitation to attend a Wrightsville Beach Board of Aldermen meeting to discuss berm and dune funding and other items of mutual concern. It was the consensus of the Board to meet with the Aldermen on Thursday, March 24, 1983, at the Wrightsville Beach School Cafetorium at 7:00 P.M. Chairman Gottovi is to write a letter of acceptance to Mayor Floyd. ADDITIONAL ITEMS - COUNTY MANAGER County Manager Cooper stated that he had received a letter from Mr. David M. Paynter, Director of the New Hanover County Public Library, requesting a Fine Free Month encouraging people to return long overdue books without a fine before implementation of a delinquency policy being developed by the County Attorney's office. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Blake to authorize the Library to have a Fine Free Month. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Blake to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 12:58 o'clock P.M. ...----. .~--- ~e~tfullY sUbmitte.d' ~dx/~ LUCle F. Smith, Clerk .....