1984-06-06 Continued Meeting
590
MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED)
ADOPTION OF RESOLUTION REQUESTING THE STATE OF NORTH CAROLINA TO
APPROPRIATE $1,009,000 TO THE DEPARTMENT OF NATURAL RESOURCES AND
COMMUNITY DEVELOPMENT TO ACQUIRE MASONBORO ISLAND AS AN
ESTUARINE SANCTUARY
Chairman Gottovi presented a resolution requesting
to appropriate $1,000,000 to the Department of Natural
and Community Development to be used to pay for
appraisals, acquisition fees, and other costs necessary
acquire Masonboro Island as an estuarine sanctuary.
the State
Resources
surveys,
to fully
After discussion, Chairman Gottovi MOVED, SECONDED by
Commissioner O'Neal to adopt the resolution with copies being
forwarded to Bob Jordan and the Coastal Management staff. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit- Book XI,
Page 33.
ANNOUNCEMENT OF MEETING WITH LOCAL LEGISLATORS ON JUNE 6, 1984
Chairman Gottovi stated that Representatives Tommy Rhodes
and Harry Payne could meet with the Commissioners at 8: 30 A.M.
on June 6, 1984, to discuss local issues. Commissioner Blake
stated he would arrive late due to a Board of Health Meeting at
8:30 a.m.
RECESS AND CONTINUATION OF THE MEETING UNTIL JUNE 6, 1984
Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to
recess the meeting until 8:30 o'clock A.M., June 6, 1984. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Gottovi recessed the meeting at 11: 40 o'clock P.M.
until June 6, 1984.
Respectfully submitted,
of~~
Clerk
MINUTES OF CONTINUED MEETING, JUNE 6, 1984
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Wednesday, June 6, 1984, at 8:30 o'clock A.M. in the
Assembly Room of the New Hanover County Administration Building,
Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
Nolan O'Neal; Claud 0' 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 Donald P.
Blake arrived at 8:40 A.M. due to a meeting with the Board of
Health.
r
Chairman Gottovi called the meeting to order stating that
this was a Continued Meeting of the Regular Meeting of June 4,
1984.
DISCUSSION OF ITEMS OF CONCERN WITH LOCAL LEGISLATORS
Chairman Gottovi, on behalf of the Board, welcomed
Representative Tommy Rhodes and Representative Harry Payne
expressing appreciation for their attendance.
County Manager Cooper expressed his concern for New Hanover
County and other counties throughout the state being required to
prepare the budget and set a tax base before July 1, 1984,
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591
MINUTES OF CONTINUED MEETING, JUNE 6, 1984 (CONTINUED)
DISCUSSION WITH LOCAL LEGISLATORS (CONTINUED)
I
wi thout knowing the consequences of the distribution of funds,
allocations, or new requirements that the General Assembly will
enact between now and July 1, 1984. He commented on the
guesswork in preparing the School Budget without knowing the cost
of living increase for teachers and other proposed changes that
will effect the budget. County Manager Cooper stated this was a
concern from the management budget point of view and certainly
no criticism suggesting to the legislators development of a plan
to offset the beginning of the budget year in order to alleviate
this type of problem.
After discussion of various alternatives, Representative
Rhodes stated he would request establishment of a Study Committee
to study and recommend alternatives to this problem.
Chairman Gottovi commented on the proposed bill for Counties
to assume the responsibility for package waste treatment plants
built by developers that are not functioning correctly expressing
concern for this issue.
Commissioner 0' Shields commented on the Truck Weight Limit
Law bill providing relief for vehicles operated by local
governments stating this relief should be for both private
haulers and local governments.
Commissioner Barfield commented on the Homestead Property
Tax Exemption Increase bill emphasizing the importance of an
increase in the tax exemption for the elderly.
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After further discussion, the following local bills were
presented to the representatives for introduction:
1. A local bill for Protection of Masonboro Island
2. A local bill for the levying of taxes on floating
structures other than boats, leasing space in New
Hanover County marinas.
Copies of the local bills are contained in Exhibit Book XI,
Page 34.
Chairman Gottovi gave background information on the purchase
of Masonboro Island emphasizing the importance of this purchase
to the citizens of the County and to UNC-Wilmington.
Chairman Gottovi commented on the vulnerability of County
Commissioners to anti-trust suits for land use decisions, sewer
hook-ups, etc. requesting state legislation to provide anti-trust
liability.
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After further discussion, Representatives Rhodes and Payne
thanked the Commissioners for discussing items of concern
suggesting scheduling another joint meeting after the short
session in Raleigh for monies to be received by them for
distribution to the County.
BREAK
Chairman Gottovi recessed the meeting for a break from 9:30
o'clock A.M. to 9:45 o'clock A.M.
APPROVAL OF LOCATION CONTRACT TO FILM DISTRICT ATTORNEY'S OFFICE
BUILDING - INTERNATIONAL FILM CORPORATION
County Manager Cooper stated that International Film
Corporation has contacted him with reference to filming the
District Attorney's Office Building on Thursday instead of
Saturday, from 7:30 P.M. to 7:30 A.M. requesting authorization to
execute the contract. A copy of the contract is on file in the
County Manager's office.
592
MINUTES OF CONTINUED MEETING, JUNE 6, 1984 (CONTINUED)
APPROVAL OF CONTRACT TO FILM DISTRICT ATTORNEY'S OFFICE
(CONTINUED)
Commissioner O'Shields MOVED, SECONDED by Commissioner Blake
to authorize the County Manager to sign the contract. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the contract is on file in the County Manager's
office.
PUBLIC HEARING CONTINUED FROM MAY 7, 1984, TO CONSIDER AN APPEAL
FOR REZONING PROPERTY APPROXIMATELY 7.12 ACRES, LOCATED ON
ALEXANDER ROAD (SR 1345) FROM AN R-15 RESIDENTIAL DISTRICT TO A
B-2 HIGHWAY BUSINESS DISTRICT
Planning Director Hayes gave background information on the
rezoning appeal stating rezoning would create a hodge-podge of
commercial zoning along Market Street and would possibly interfere
with the use of the adjoining private drive access to two
residential lots. He stated the Planning Board recommended
denial with the suggestion that the applicants consider
consolidating B-2 zoning in the area by connecting together this
request with the existing B-2 district to the north of the site.
Chairman Gottovi asked if anyone present wished to speak in
favor of the rezoning request. The following person commented:
Mr. Alton Y. Lennon, Jr., Attorney for the applicants A. F. Lee
& Sons, Bayshore Estates, and Lawrence Mathews, commented on the
best and most reasonable use for the property.
Chairman Gottovi asked if anyone present wished to speak in
opposition to the rezoning request. No one commented.
Chairman Gottovi commented on one access road in and out
from Bayshore Estates and the creation of traffic on Market
Street stating she felt another entrance should be established
for the residents of Bayshore. Mr. Mathews stated that other
property to the south and north of the B-2 property could be
utilized for an additional entrance.
Commisioner O'Neal commented on adhering to the Land Use
Plan and MOVED to deny the rezoning request. Chairman Gottovi
SECONDED the MOTION. Upon vote, the MOTION FAILED due to not
receiving a majority of votes AS FOLLOWS:
Voting Aye: Chairman Gottovi
Commissioner O'Neal
Voting Noe: Commissioner Barfield
Commissioner Blake
Commissioner O'Shields
After further discussion, Commissioner Blake MOVED, SECONDED
by Commissioner O'Shields to rezone the property from R-15 to B-
2. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Blake
Commissioner O'Shields
r
Voting Noe: Commissioner O'Neal
Chairman Gottovi
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is contained in
Zoning Ordinance Book I, Page 14.
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593
MINUTES OF CONTINUED MEETING, JUNE 6, 1984 (CONTINUED)
I
REQUEST FROM B. C. HEDGPETH FOR ASSISTANCE IN OBTAINING
EASEMENTS ALONG AIRLIE ROAD FOR SEWER CONNECTIONS
Mr. Harry Watkins, A.LA., Architect for Gray Gables,
appeared before the Commissioners requesting assistance from the
County in obtaining easements along Airlie Road for sewer
connections since the first phase of the Sewer System would be in
that area. He stated the developer was Willing to pay for the
cost of the sewer line amounting to approximately $40,000. He
gave background information on the problem of no state right-of-
ways on Airlie Road.
Engineering Director Hilton expressed his concern for local
government acquiring easements across private property for
development of private property stating this could set a
precedent.
After a lengthy discussion, it was the consensus of the
Board to postpone a decision on this request until June 18, 1984,
with staff studying and investigating the problem bringing back
recommendations.
RECESS
Chairman Gottovi recessed the meeting for a break from 11:05
o'clock A.M. to 11:20 o'clock A.M.
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APPROVAL OF BUDGET AMENDMENT FOR ADDITIONAL FUNDS FOR THE
SHERIFF'S DEPARTMENT
Commissioner O'Shields MOVED, SECONDED by Commissioner
Barfield to approve the following Budget Amendment in the amount
of $20,000 for additional funds for jail meals for the remainder
of the fiscal year:
Debit - #11-3990-990, Unappropriated Fund
Balance
Credit - #11-4316-424, Groceries
$20,000
$20,000
APPROVAL OF SEWER ORDINANCE - ENGINEERING DEPARTMENT
County Manager Cooper gave background information on the
Sewer Use Ordinance stating this ordinance is required under
Chapter XI of EPA Regulations promulgated by the State for
wastewater treatment.
After discussion, Commissioner O'Neal MOVED, SECONDED by
Commissioner 0' Shields to approve the Sewer Use Ordinance with
the correction of a typographical error in Section l7-6.3,(h).
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is on file in the Clerk's office for
incorporation into the County Code.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
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DISCUSSION OF COMMITTEE OF 100 PROJECT FOR POSSIBLE USE OF THE
BABCOCK AND WILCOX FACILITIES
Commissioner O'Shields stated he had met with Wayne
Ziegler, Director of the Committee of 100, commenting on the
current project of the Committee for possible use of the Babcock &
Wilcox facilities stating the project would require a Community
Development Block Grant from the State and endorsement by the
County. Mr. Ziegler requested authorization for his Staff to
prepare the application for the grant.
After discussion, Chairman Gottovi MOVED, SECONDED by
Commissioner O'Neal to authorize County Manager Cooper to meet
with Mr. Ziegler and begin preparation of the application. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
ANNOUNCEMENT OF ARRIVAL OF ASSISTANT DIRECTOR OF HEALTH
DEPARTMENT
Commissioner Blake announced that the new Assistant Director
of Health was now working at the Health Department.
594
MINUTES OF CONTINUED MEETING, JUNE 6, 1974 (CONTINUED)
RECOMMENDATION OF REAPPOINTMENT OF LINDA PEARCE TO THE CARDINAL
HEALTH AGENCY
Commissioner Blake MOVED, SECONDED by Commissioner Barfield
to recommend reappointment of Linda Pearce to the Cardinal Health
Agency. Upon vote, the MOTION CARRIED UNANIMOUSLY.
REQUEST BY COMMISSIONER O'NEAL FOR COUNTY ATTORNEY POPE TO ATTEND
LONG-RANGE PLANNING COMM.ITTEE MEETING OF NEW HANOVER MEMORIAL
HOSPITAL
Commissioner O'Neal requested County Attorney Pope to attend
the Long-Range Planning Committee meeting of New Hanover Memorial
Hospital on Friday, June 8, 1984. He stated he will keep the
Commissioners updated on the plans of this committee. Chairman
Gottovi requested that County Manager Cooper also attend.
DISCUSSION OF COMMITMENTS OR PLANS FOR ESTABLISHMENT OF BICYCLE
ROUTES
Commissioner Barfield asked if any commitments had been made
by the County for contributing to the establishment of bicycle
routes. He asked if the County was willing to share any costs in
this project.
Chairman Gottovi recommended addressing this project when
installing the Sewer System possibly acquiring above-ground
easements along a designated path for bicyles.
After discussion, it was the consensus of the Board to have
a presentation of the proposed project for bicycle routes and
make a decision at that time.
Commissioner Barfield stated he would keep the Board
informed on the plans of the Bicycle Committee.
ANNOUNCEMENT OF HIRING OF ASSISTANT COUNTY ATTORNEY - LEGAL
DEPARTMENT
County Attorney Pope stated he was pleased to announce that
Mrs. Wanda Copley had been hired as an Assistant County Attorney
and would begin work on June 18, 1984. He stated he felt she was
the most qualified out of the 19 applicants interviewed and that
the County was most fortunate in obtaining her for this position.
DISCUSSION OF INSURANCE CARRIER RETAINING SERVICES OF TED DAVIS
FOR DOLLIE ASBURY LAW SUIT
County Attorney Pope stated the insurance carrier had
requested retaining the services of Ted Davis with payment for
time to represent the County in the suit by Dollie Asbury.
County Attorney Pope stated he had no problem with Mr. Davis
being retained stating he would n~t take an active part in the
court defense.
After discussion, it was the consensus of the Board to
authorize the County Attorney to proceed.
APPROVAL OF FINAL BUDGET REQUESTS FOR THE FISCAL YEAR 1984/85
Chairman Gottovi stated several outside agencies had
appeared before the Commissioners requesting additional funding
over the County Manager's recommendations and the purpose of this
discussion was to make a final decision on these requests
previously heard in the Budget Hearings on May 22 and May 29,
1984.
County Manager Cooper gave background information on the
proposed 1984/85 Budget stating he had reviewed the requests by
some of the outside agencies and had made the following
adjustments:
1. Deduction of the Photo-Badge Maker for identification
of County employees.
2. Deduction of Salary Increment Plan for reward to certain
employees for outstanding performance on a one-time basis.
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MINUTES
3.
4.
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5.
6.
7.
595
OF CONTINUED MEETING, JUNE 6, 1984 (CONTINUED)
Deduction of entire Coroner's budget with adding back
items necessary to sustain the Coroner only, deducting
the Assistant Coroner's position and related expenses.
Leasing of three additional ambulances, owned by the
County, and assigned to the various rescue squads on
basis of their need by recommendation of the Emergency
Services Director. $10,000 to rebuild two or more
ambulances that will be traded for the new ambulances
thereby relieving the OgdenRescue Squad of budgeted
operating expenses.
Additional funds for a one-time salary adjustment for
lower paid employees.
Additional funding to South Wilmington and Winter
Park Volunteer Fire Departments budgeting $3,910 for
each Volunteer Fire Department.
Addition of funds in the amount of $2,634 to
Southeastern Economic Development Commission due to a
2-year notice having to be given before withdrawing
membership. ,
8. Marketing Study for water capacity of pipeline performed
by the Lower Cape Fear Water & Sewer Authority adding
$1,250 for next year's budget.
9. Addition of a Part Time temporary position to Part Time
permanent position in Human Relations.
Chairman Gottovi requested County Manager Cooper and the
Budget Staff to examine the Coroner's position, finding out how
the Medical Examiners' System is functioning in New Hanover
County and reporting back to the Board.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner Blake to give written notification to the
Southeastern Economic Development Commission of membership
wi thdrawal wi thin the two-year notice period making the final
decision at that time. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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County Manager Cooper explained that funds available for
additional expenditures without increasing the tax rate or
County's cash position were $16,118.
Chairman Gottovi expressed her concern for employees at the
end of their Range and Step who are not eligible for merit
increases. County Manager Cooper explained the present system
and the purpose of reclassification.
Commissioner Barfield expressed his concern for providing no
funding to OIC stating the importance and need of this
organization to the citizens of the County.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner O'Neal to allocate funding in the amount
of $9,000 to Friends of Public Radio. Upon vote, the MOTION
CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barfield
Commissioner Blake
Commissioner O'Neal
Chairman Gottovi
Voting Noe: Commissioner O'Shields
After a lengthy discussion, with motions made and withdrawn,
Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to
allocate additional funding to Elderhaus in the amount of $7,118.
Upon vote, the MOTION CARRIED AS FOLLOWS:
596
MINUTES OF CONTINUED MEETING, JUNE 6, 1984 (CONTINUED)
APPROVAL OF FINAL BUDGET REQUESTS (CONTINUED)
Voting Aye: Commissioner Blake
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Voting Noe: Commissioner Barfield
Commissioner Barfield requested the record to show that he
voted noe to the above motion due to the fact that he strongly
supported the funding of OIC as well as Friends of Public Radio
and Elderhaus.
After a lengthy discussion, it was the consensus of the
Board to approve the recommendations of the County Manager for
the following outside agencies with adjustments presented
previously by the County Manager for the following agencies:
Mental Health $
Clean Community
Schools
Cape Fear Tech
Volunteer Fire Departments
Museum Board
OAR
Chamber of Commerce
Committee of 100
SEDC
Soil & Water Conservation
Task Force Against Family Violence
Ogden Volunteer Rescue Squad
Pleasure Island Volunteer Squad
Cape Fear Substance Abuse
Airport
263,082
17,500
10,258,775
698,469
271,280
232,259
80,000
20,000
20,000
2,634
8,100
9,000
186,860
65,000
5,000
1,074,459
After further discussion, Commissioner Blake MOVED, SECONDED
by Chairman Gottovi for the County Manager to prepare the Budget
Ordinance for adoption at the June 18, 1984, regularly scheduled
meeting of the County Commissioners. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
ADJOURNMENT
Commissioner O'Shields MOVED, SECONDED by Commissioner
O'Neal to adjourn the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Gottovi adjourned the meeting at 1:05 o'clock P.M.
Respectfully submitted,
~;(1{~
Clerk
"