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1984-01-16 Regular Meeting 484 MINUTES OF REGULAR MEETING, JANUARY 3, 1984 (CONTINUED) ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Nolan O'Neal to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 12:07 o'clock A.M. MINUTES OF REGULAR MEETING, JANUARY 16, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 16, 1984, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.~ Donald P. Blake~ Nolan O'Neal~ Claud O'Shields, Jr.~ Chairman Karen E. Gottovi~ County Manager G. Felix Cooper~ County Attorney Robert W. Pope~ and Clerk to the Board Lucie F. Smith. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, JANUARY 3, 1984 Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve the minutes of the Regular Meeting of January 3, 1984, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. TOUR OF RESOURCE RECOVERY FACILITY CANCELED Chairman Gottovi announced the tour of the Resource Recovery Center had been canceled due to rainy weather and would be rescheduled. NON-AGENDA ITEMS - GENERAL PUBLIC - DISCUSSION - CANEEL COVE (FORMERLY SUN COURT) Chairman Gottovi asked if members of the general public wished to address the Commissioners on items on the Consent Agenda or any subject that was not listed on the Agenda. Mr. M. H. Vaughan, representing Quality of Life Alliance, commented on the issuance of extensions of Special Use Permi ts on Hewlett's Creek stating the Planning and Inspection Departments were overstepping their bounds by issuing these extensions when major changes have occurred violating the County Zoning Ordinance by accepting the revised plan. He stated it was difficult to understand the actions of the Inspections Department. Chairman Gottovi requested Staff to further investigate the matter addressing the questions about the relationship between this project and the rural services district along with the special use permit concept. Mr. Gary Shipman, Attorney representing the developer of Caneel Cove, Mr. Richard Courtland, stated he would like to respond to Mr. Vaughan's accusations and would be glad to wait until the end of the meeting to discuss the matter. After discussion, it was the consensus of the Board to allow Mr. Shipman to respond to allegations by Mr. Vaughan at the end of the meeting. ~ 485 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) APPROVAL OF CONSENT AGENDA Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to approve the Consent Agenda as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF REPORT OF COLLECTION OF REVENUE THROUGH DECEMBER 31, 1983 The Commissioners approved the report of the Collector of Revenue through December 31, 1983. A copy of the report is contained in Exhibit Book XI, Page 10. APPROVAL OF TAX ABATEMENTS AND REFUNDS The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. A copy of the list is contained in Exhibit Book XI, Page 10. APPROVAL OF RECORDS DESTRUCTION REQUEST - NEW HANOVER COUNTY HEALTH DEPARTMENT The Commissioners approved the destruction of certain records requested by the New Hanover County Health Department in compliance with records retention and deposition schedules. A copy of the request is on file in the Clerk's Office. I APPROVAL OF COUNTY MEMBERSHIP TO THE NATIONAL ASSOCIATION OF LOCAL GOVERNMENTS ON HAZARDOUS WASTES The Commissioners approved County Membership to the National Association of Local Governments on Hazardous Wastes upon recommendation of the County Manager. The dues are $500 per year. REAPPOINTMENT OF MR. ANDREW HARRISS AS ENERGY COORDINATOR The Commissioners reappointed Mr. Andrew Harriss as Energy Coordinator for New Hanover County for another one-year term. CHANGE ORDER NO. 6 (FINAL) - NORTHEAST INTERCEPTOR ENGINEERING DEPARTMENT The Commissioners approved Change Order No. 6 (Final) on Contract I in the amount of $6,995 for the purchase of items necessary for proper operating and safety in the operation of pump stations; and $16,614 on Contracts II & III for hydrogen peroxide to fill the tanks at the pump station with approval of the following Budget Amendment: Debit Acct.#39 4720 900, Contingencies $23,609 Credit - Acct.#39 4720 621, Force Mains Allowable $ 6,995 Acct.#39 4720 631, Pump STA/Flume Allowable 16,614 I APPROVAL OF POSITION RECLASSIFICATION - CLERK VI TO CLERK V - TAX DEPARTMENT The Commissioners approved the downgrade of Clerk VI to Clerk V in the Tax Department as recommended by the Personnel Department to eliminate any existing inequities in the classification structure. APPROVAL OF RECOMMENDATIONS BY PERSONNEL DEPARTMENT REGARDING MAINTENANCE POSITIONS - PROPERTY MANAGEMENT The Commissioners approved recommendations by the Personnel Department for reclas si fica tion of Maintenance Positions in Property Management based on a Salary Survey. 486 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) AMENDMENT NO. 1 - AIP-01 GRANT AGREEMENT - NEW HANOVER COUNTY AIRPORT The Commissioners approved a Resolution authorizing the County Manager to execute Amendment No. 1 to AIP -01 Grant Agreement in the amount of $ 6,750 changing the pro ject description to include an access plan under the planning portion of the project. A copy of the resolution is contained in Exhibit Book XI, Page 11. APPROVAL OF BAGGAGE CLAIM AREA EXPANSION CONTRACT - NEW HANOVER COUNTY AIRPORT The Commissioners approved a contract with Ballard, McKim and Sawyer in an estimated amount of $10,032 for expansion of the Baggage Claim Area at the Airport. A copy of the contract is on file in the County Manager's office. APPROVAL OF CHANGE ORDER NO. 3 - DRAINAGE IMPROVEMENT PROJECT - NEW HANOVER COUNTY AIRPORT The Commissioners approved Change Order No. 3 and the following Budget Amendment in the amount of $948 for reinforcing bars to the concrete structures for the Drainage Improvement Project at the Airport: Debit - Acct. #69 9800 911, Contingencies Credit - Acct. #69 4550 623, Const. Contract $948 $948 BUDGET AMENDMENT - HEALTH/HOME HEALTH - NEW HANOVER COUNTY HEALTH DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $43,766 for anticipated revenues for expansion of services and increased utilization of present services: Debit - Acct.#ll 3516 374, Revenues Credit - Acct.#ll 5164 326, Professional Fees $43,766 $43,766 BUDGET AMENDMENT APPROVED BY COUNTY MANAGER The Commissioners approved the following Budget Amendment for entry into record: Parks & Recreation - Wood sold from Parkwood Park Debit - Acct.#ll 3390 890, Mis. Revenue Credit - Acct.#ll 6120 630, Capital Outlay Other $636 $636 PROCLAMATION PROCLAIMING FEBRUARY, 1984, AS HUMAN RELATIONS MONTH Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to adopt a proclamation proclaiming the month of February, 1984, as HUMAN RELATIONS MONTH. A copy of the Proclamation is contained in Exhibit Book XI, Page 11. PROCLAMATION PROCLAIMING FEBRUARY, 1984, AS BLACK HISTORY MONTH Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to adopt a Proclamation proclaiming the month of February, 1984, as BLACK HISTORY MONTH. A copy of the Proclamation is contained in Exhibit Book XI, Page II. "- 487 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) I DISCUSSION OF CHILD ADVOCACY COMMISSION FUNDING PROPOSAL Ms. Jane Brister, Consul ting Director of the Child Advocacy Commission, appeared before the Commissioners requesting approval of funding in the amount of $3,000 giving background information on the program. She stressed the importance of funding the pilot program, which had been implemented in Atlanta, Georgia, emphasi zing the need of a juvenile diversionary program for children age 6-15 in New Hanover County. County Manager Cooper stated his office had not received a copy of the proposal before being placed on the Agenda; consequently, his Staff had not had time to study the proposal and make recommendations. Commissioner O'Shields expressed his concern for the proposal not being studied by the County Manager and Staff for recommendations. Ms. Barbara Burton stated she hand-delivered a copy of the proposal to the County Commissioners' Office and to the Human Services Program Analyst in the Manager's Office explaining she thought this would be the correct process to follow in presenting the proposal to the County Manager. Chairman Gottovi asked if Community Based Alternatives had been contacted for funding. Ms. Brister stated she had contacted CBA but no funds were available for a pilot program stating further that individual merchants had also been contacted with no response. I County Manager Cooper emphasized the importance of this being a State funded program encouraging Ms. Brister to contact the local legislators for lobbying on the State level for programs of this nature. After discussion, it was the consensus of the Commissioners to request the County Manager and Staff to study the proposal through the regular budgetary process and present at a later date. BREAK Chairman Gottovi recessed the meeting for a break from 10:10 o'clock A.M. to 10:35 o'clock A.M. POSTPONEMENT OF TAX PENALTY RELEASE REQUESTS FOR LEROY D. MARSHBURN AND RODNEY P. WILSON TO REGULAR MEETING ON FEBURARY 20, 1984 Chairman Gottovi stated the Clerk had received a letter from Mr. Leroy D. Marshburn requesting postponement of his tax penalty abatement due an emergency,.business Pleeting. County Attorney Pope suggested that both requests be postponed until the next regularly scheduled meeting giving the Legal Department ample time to provide additional information and study recent case law pertaining to these types of requests. I After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to defer both requests until the February 20, 1984, regularly scheduled meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF NEW HANOVER COUNTY PARKING ORDINANCE County Manager Cooper gave background information on the Parking Ordinance stressing the need for control over illegally parked cars in County Parking Lots recommending the adoption of the ordinance. 48-8 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) ADOPTION OF PARKING ORDINANCE (CONTINUED) After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt a Parking Ordinance for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance is on file in the Clerk's office for entry into the County Code. DISCUSSION OF STRIP OF LAND BEHIND LAW ENFORCEMENT CENTER County Manager Cooper stated he had been contacted by Mr. Fullwood, owner of the Von Glahn House and strip of land behind the Law Enforcement Building, proposing to pay one-half of the cost of paving and drainage of this strip giving easements on his driveway and drain in exchange for use of three of the seven parking lots for his offices. He stated the total cost would be $4,100 representing a cost of $2,050 to the County requesting authorization for the County Attorney to prepare' the necessary contracts to be presented at a later date for approval. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to authorize the County Manager and County Attorney to proceed with preparation of the necessary contracts to be presented at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Blake expressed his concern for the City selling property given to them by the County stating he felt this property or any other property should revert back to the County when it is no longer needed by the City. COMMITTEE APPOINTMENTS APPOINTMENT OF DR. HARLEY PHILLIPS TO NEW HANOVER COUNTY BOARD OF HEALTH Commissioner Blake MOVED, SECONDED by Commissioner Barfield to appoint Mr. Harley A. Phillips to serve a three-year term on the New Hanover County Board of Heal th in the posi tion of Veterinarian with this term expiring December 31, 1986. Upon vote, the MOTION CARRIED UNANIMOUSLY. POSTPONEMENT OF APPOINTMENTS TO WILMINGTON/NEW HANOVER COUNTY PORT, WATERWAY & BEACH COMMISSION After discussion, it was the consensus of the Board to postpone appointments to the Wilmington/New Hanover County Port, Waterway & Beach Commission in order to advertise for these vacancies. ADDITIONAL ITEMS - COUNTY COMMISSIONERS ADOPTION OF A RESOLUTION IN HONOR OF RETIREMENT OF JERRY ELLIOTT Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to prepare and adopt a resolution expressing appreciation to Jerry Elliott, Director of Information for the North Carolina Association of County Commissioners, for his loyal and dedicated service to the Association. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XI, Page 12. INVITATION EXTENDED TO ATTEND GOVERNOR'S WASTE MANAGEMENT BOARD MEETING Commissioner 0' Shields extended Commissioners to attend the Governor's Meeting to be held on January 30, 1984, the New Hanover County Public Library. an invi ta tion to the Waste Management Board at 7:00 o'clock P.M. in "- I I I 489 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) REPORT ON AD HOC DETOXICATION SUBSTANCE ABUSE COMMITTEE Commissioner O'Neal gave a brief report on the Ad Hoc Committee established to find alternatives that are more effective and less costly than hospitalization or incarceration for persons with alcohol and drug abuse problems. He stated he would keep the Board informed on the progress of the Committee. INVITATION EXTENDED TO ATTEND COASTAL RESOURCES COMMISSION MEETING Chairman Gottovi extended an invitation to the Commissioners to attend a Coastal Resources Commission meeting being held on January 19 and 20, 1984, at the Blockade Runner, Wrightsville Beach, North Carolina, requesting attendance to the special sessions and committee meetings. ADDITIONAL ITEMS - COUNTY MANAGER DISCUSSION OF BURTON STEEL CASE County Attorney Pope commented on the Court of Appeals decision on the Burton Steel Case stating that the Court of Appeals affirmed the Superior Court Judgment which stipulated that this company could not operate in any manner or fashion other than the manner and fashion in which it was operating on the date the ordinance became effective ordering the company to dismantle any improvements or enlargements that had been made. CONTINUATION OF NON-AGENDA ITEMS - GENERAL PUBLIC (CANEEL COVE - FORMERLY SUN COURT) Attorney Shipman, representing Richard Courtland, the developer of Caneel Cove, gave background information on the issuance of the Special Use Permits stating the permits were issued in order explaining the revised project was substantially the same as the Sun Court Project but with additional benefits providing: (1) more open space; (2) a setback of 75 feet inside the CAMA lines; and (3) an agreement that the project tie into the Northeast Interceptor within 90 days after availability. He strongly emphasized the concern of the developer in protecting the estuarine waters and shoreline. He also expressed his concern for the accusations made by Mr. Vaughan with reference to the Inspections Department. Mr. Bob Sawyer, former developer of the property, commented on the delay of the original project. Planning Director Hayes commented on the revised plan and issuance of extension of special use permits stating the revised project was a considerable improvement over the original project providing more protection for estuarine concerns. Commissioner Blake expressed concern about accusations made by Mr. Vaughan with reference to the integrity of the Inspections Department and Staff stating he had the utmost confidence in the Staff and it was most unfortunate that Mr. Vaughan had made such remarks. The Board concurred with Commissioner Blake's statement. After discussion, Chairman Gottovi requested the Planning Staff to review other permits of this nature and report back to the Board. EXECUTIVE SESSION Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to recess the meeiing to Executive Session for a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting to Executive Session at 11:45 o'clock A.M. 490 MINUTES OF REGULAR MEETING, JANUARY 16, 1984 (CONTINUED) EXECUTIVE SESSION (CONTINUED) Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to reconvene the meeting to regular session. Upon vote the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi reconvened the meeting to regular session at 12:25 o'clock P.M. ADJOURNMENT Commissioner to ad j ourn the UNANIMOUSLY. Barfield MOVED, SECONDED by Commissioner Blake meeting. Upon vote, the MOTION CARRIED Chairman Gottovi adjourned the meeting at 12:30 o'clock P.M. Respectfully submitted, ~0!'kI~ LUCle F. Smith, Clerk MINUTES OF SPECIAL MEETING, JANUARY 30, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, January 30, 1984, at 9:00 o'clock A.M. in the New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.~ Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert Pope; and Clerk to the Board, Lucie F. Smith. Chairman Gottovi called the Special Meeting to order. ADOPTION OF RESOLUTION SUPPORTING PRESERVATION OF MASONBORO ISLAND Chairman Gottovi requested approval of a resolution supporting the preservation of Masonboro Island in its natural state to be included in the Estuarine Sanctuary explaining this resolution would be forwarded to the Federal Government requesting inclusion of the island. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to adopt the resolution with a copy being forwarded to the Town of Carolina Beach encouraging support. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XI, Page 13. DISCUSSION OF PROPOSED ZONING CHANGE BY CITY OF WILMINGTON - COUNTY PROPERTY LOCATED ON 17th STREET County Manager Cooper gave background information on a proposed Zoning Change to be considered by the City Council from R-3 (Residential, Office type uses) to LM (Light Manufacturing) which would effect a portion of County property located on 17th Street. He requested the Board for authorization to request the City not to rezone this property to LM but to rezone as 0 & I (Office and Institutional) or CB (Community Business). '-..