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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, "- 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. I 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. I 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. "- 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. I 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 I 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. ~ MINUTES 3. 4. I 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. I 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: I 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 "