The URL can be used to link to this page

Home My WebLink About1985-02-04 Regular Meeting 784 MINUTES OF REGULAR MEETING, FEBRUARY 4, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 4, 1985, at 7:00 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commi ssioners John Dolan; Fred Retchin; Claud O'Shields, Jr.; Vice-Chairman Jonathan Barfield, Sr.; Chairman Nolan O'Neal; County Manager G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Reverend James Sloan, Pastor of St. Luke A.M.E. Zion Church, gave the invocation. NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Commissioners on any items listed on the Consent Agenda or any subject not listed on the Regular Agenda. Mr. Granville Ryals, Attorney representing the petitioner, Phoenix Associates, appeared before the Commissioners requesting continuance of Item No.8, a Public Hearing to consider a Special Use Permit for a commercial marina located east of Turtle Hall Subdivision. He stated Mr. Alton Lennon, Attorney representing the adjacent property owners, had agreed to this continuance stating the postponement would be benefical to all. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to continue the Public Hearing to March 11, 1985, at 7:00 o'clock P.M. Upon vote, the MOTION CARRIED UNANIMOUSLY. Mr. Mike Vaughan appeared before the Commissioners asking if a "common sense" policy had been established to relieve excessive costs under certain circumstances to citizens connecting to the County Sewer System. After discussion, Chairman O'Neal stated he would met with County Manager Cooper and Engineering Director Hilton to discuss exceptional hardship cases and report back to Mr. Vaughan with his findings. APPROVAL OF CONSENT AGENDA Commissioner Retchin requested removal of Item #7, Change Order No. 1 to James Utility Company, since liquidated damages against this company are to be discussed later in the meeting. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the following Consent Agenda items excluding Item No.7. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Resolution Accepting An Offer to Purchase Surplus Property Owned by the City and County r The Commissioners approved a resolution accepting an offer to purchase property located at 1014 Wooster Street, in the amount of $1,760 representing an ad valorem tax value as of 1983 totaling $3,520. This offer to purchase has been duly advertised for upset bid. A copy of the resolution is contained in Exhibit Book XII, Page 38. '-- 785 MINUTES OF REGULAR MEETING, FEBRUARY 4, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) I Adoption of a Proclamation Proclaiming Lead Hazard Awareness Week - Health Department The Commissioners adopted a proclamation proclaiming the week of February 24-March 2, 1985, as LEAD HAZARD AWARENESS WEEK in New Hanover County. A copy of the proclamation is contained in Exhibit Book XII, Page 38, Approval of Reclassification of Clerk Typist IV to Administrative Assistance I - Health Department The Commissioners approved the reclassification of a Clerk Typist IV position to an Administrative Assistant I position in the Health Department's budget. Approval of Request to Waive Liquidated Damages for Tranvel, Inc. - AIP-02, Runway Crack Repair and Sealing - Airport The Commissioners waived liquidated damages on the four-day extension requested by Tranvel, Inc. as recommended by the Airport Commission. Approval of Work Authorization 85-1 - Engineering Services - Talbert, Cox & Associates - Airport The Commissioners approved Work Authorization 85-1 in the amount of $2,410 for Engineering basic services for updating the Water and Sewer Policy of the Airport. I Approval of Work Authorization 85-2 - Engineering Services - Airport The Commissioners approved Work Authorization 85-2 for Engineering basic services for an access road to the new air traffic control tower. Approval of Budget Amendment - Library The Commissioners approved the following Budget Amendment to allocate funds from Grant for a copier and Security Guard: Debit - #11 6110 334, Supplementary Enrichment Grant (LSCA) $3,753 #11 6110 100, Salaries 4,074 #11 6110 210, FICA 287 #11 6110 230, Insurance 400 #11 6110 221, Retirement 341 Credit - #11 6110 640, Equipment $3,753 #11 6110 370, Contracted Services 5,102 Approval of Budget Amendment - Social Services The Commissioners approved the following Budget Amendment to incorporate the Long Term Care Screening Program and Carolina Power and Light Energy Assistance Program: Debit - #11 3530 385, Long Term I Screening Program $25,000 Credit - #11 5310 100, Salaries & Wages $18,568 #11 5310 210, FICA 792 #11 5310 221, Retirement 886 #11 5310 230, Group Insurance 534 #11 5310 423, Office Equipment 307 #11 5310 510, Auto Allowance 1,688 #11 5310 640, Capital Outlay 225 #11 5352 533, Chore 2,000 Debit #11 3530 379, Reimbursement for County Welfare Admin. Expend. $27,867 Credit #11 5358 530, Crisis Intervention Prog. $20,160 #11 5357 530, CP&L - Energy Asst. Pymts. 7,707 ..... 786 MINUTES OF REGULAR MEETING, FEBURARY 4, 1985 (CONTINUED) PUBLIC HEARING FOR COUNTY'S PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR 1984-93 Notice had been given that a Public Hearing would be held by the New Hanover County Board of Commissioners on Monday, February 4, 1985, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to give the public an opportunity to comment on the proposed Capital Improvement Program for 1984-93. Planning Director Hayes gave background information on the proposed Capital Improvement Program emphasizing the importance of the document in planning, financing, and budgeting. He stated the major expenditures for the upcoming year include the Waste Water Treatment Plant, Area I of the Sewer Collection and Treatment System, and the Courthouse Renovation. Future projects beyond 1984-85 should be considred tentative in nature and subject to major revisions in the years ahead. Chairman O'Neal asked if anyone from the general public wished to comment on the proposed program. No one commented. Commissioner Barfield commented on the funds allocated for Sea Breeze Park recommending a transfer of funds to Parkwood Park due to the problem of obtaining land in the Sea Breeze area. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the proposed Capital Improvement Program for 1984-93 with a change in the Project Title on Page 52 from Sea Breeze Community Park Development to Sea Breeze Community Park Development/Parkwood Park with the understanding that adjustments and modifications can be made over the span of time. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the New Hanover County Board of Commissioners on Monday, February 4, 1985, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY CONTAINING APPROXIMATELY 9.8 ACRES LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET (US 17), 850 FEET SOUTH AND EAST OF THE INTERSECTION OF GORDON ROAD AND US 17 TO B-2 HIGHWAY BUSINESS FROM R-15 RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Staff and Planning Board recommended approval requesting acceptance of their recommendations unless someone present had any opposition. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the rezoning request from R-15 Residential to B-2 Highway Business. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 6 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED AUGUST 18, 1971," is contained in Zoning Book I, Page 26. ~ 787 MINUTES OF REGULAR MEETING, FEBURARY 4, 1985 (CONTINUED) I PUBLIC HEARING TO CONSIDER CLOSING NASSAU ROAD Planning Director Hayes gave background information on the road closing stating a field examination indicated that this portion of the road is accessible but not maintained for vehicular use. He stated the Planning Staff had no problem with the request but did request the northern most portion of Nassau Road be closed at a future date since access will be impractical to Heritage Park Drive. Chairman O'Neal asked if anyone present wished to speak in favor of or in oppsition to the request. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to close Nassau Road as requested. Upon vote, the MOTION CARRIED UNANIMOUSLY. 39. A copy of the order is contained in Exhibit Book XII, Page PUBLIC HEARING TO CONSIDER CLOSING OLD WILMINGTON TO POCOMOKE ROAD Planning Director Hayes gave background information on the road closing stating the field examination indicated that this portion of said road has not been used or maintained for quite a number of years. He stated the Planning Staff had no problem with the road closing request. Chairman O'Neal asked if anyone present wished to speak in favor of or in opposition to the request. No one commented. I After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the road closing. Upon vote, the MOTION CARRIED UNANIMOUSLY. 39. A copy of the order is contained in Exhibit Book XII, Page AMENDMENT TO FRANCHISE ORDINANCE - VISION CABLE After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve an amendment to the Franchise Ordinance Sec. 6-125(a) as presented by the Legal Department to read as follows: Sec. 6-125. Franchise Fee. n(a) On or before thirty (30) days after each calendar quarter, a grantee hereunder shall pay to the county a franchise fee of three (3) per cent of the grantee's gross revenues during the preceding calendar quarter from cable television operations within the franchise area; however, at the option of the county, the fee shall be increased to five (5) percent at such times as the rules of the Federal Communications Commission permit. No other fee, charge or consideration, except ad valorem taxes, shall be imposed by the county.n I The MOTION FAILED due to not receiving a unanimous vote upon the first reading of the ordinance as follows. The amendment will be presented for the second reading at the next regularly scheduled meeting on February 18, 1985. Voting Aye: Commissioner Barfield Commissioner Dolan Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner O'Shields -"'" 788 MINUTES OF REGULAR MEETING, FEBRUARY 4, 1985 (CONTINUED) ASSESSMENT OF LIQUIDATED DAMAGES TO JAMES UTILITY FOR PROJECT TIME OVERRUN ON WRIGHTSVILLE SOUND SEWER - ENGINEERING DEPARTMENT Commissioner O'Shields complimented Engineer Wyatt Blanchard and the engineering firm for a well documented case making a MOTION to assess a $6,000 penalty for liquidated damages. Commissioner Barfield SECONDED THE MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEM ~7, CHANGE ORDER NO. 1 to JAMES UTILITY COMPANY CONTRACT - WRIGHTSVILLE SEWER PROJECT _ ENGINEERING After discussion of the fact that the Change Order and assessment of penalty were separate issues, Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to approve Change Order No.1 in the amount of $6,390 with approval of the following Budget Amendment: Debit - #43 9800 911, Contingencies Credit - #43 4703 621, General Contractor $6,390 $6,390 Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS CHANGE IN DATE OF REGULARLY SCHEDULED MEETING FOR MARCH 4, 1985, AND BREAKFAST MEETING After discussion, it was the consensus of the Board to change the March 4, 1985, meeting date to March 11, 1985, due to the NACo Legislative Conference being held in Washington, D. C., on March 2-5, 1985. After further discussion, it was the consensus of the Board to change the governing bOdies/legislators breakfast meeting from March 4, 1985, to March 18, 1985, requesting the Chairman to write a letter informing all persons involved. ADDITIONAL ITEMS - COUNTY MANAGER AUTHORIZATION FOR COUNTY MANAGER TO EXECUTE GRANT AGREEMENT _ TERMINAL BUILDING AUTOMATIC DOOR PROJECT - NEW HANOVER COUNTY AIRPORT Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to authorize the County Manager to execute the grant agreement for the Terminal Building Automatic Door Project. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the contract is on file in the County Manager's office. AUTHORIZATION FOR COUNTY MANAGER TO CANCEL ORDER WITH BOB KING PONTIAC FOR PURCHASE OF VAN - DEPARTMENT OF AGING County Manager Cooper stated Bob King Pontiac had informed the County he was unable to fill an order for a van for the Department of Aging. He requested authorization to cancel the order and start the bid procedure over. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the County Manager to cancel the order with Bob King Pontiac and rebid for a van. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF LEASE BETWEEN MARTIN MARIETTA CORPORATION AND NEW HANOVER COUNTY FOR LEASE OF TRAINING AREA - SHERIFF'S DEPARTMENT County Manager Cooper requested approval of a lease between Martin Maretta Corporation and New Hanover County for lease of a certain tract of its land to be used as a training area for members of the Sheriff's Department. Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the lease agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~ 789 MINUTES OF REGULAR MEETING, FEBRUARY 4, 1985 (CONTINUED) I AUTHORIZATION FOR LEGAL DEPARTMENT TO PROCEED WITH APPROPRIATE \ ACTION FOR ZONING VIOLATION IN KINGS GRANT Attorney Pope gave background information on the illegal parking of vehicles in a residential area stating a zoning violation had occurred in Kings Grant. Upon investigation, the owner of the property had filed bankruptcy and that after making contact with the Bankruptcy Trustee, the cars were to be removed from the site. He stated as of this date, the cars have not been removed. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Barfield to authorize the Legal Department to take action against appropriate parties, if necessary. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Dolan questioned follow-up procedures by Law Enforcement officials when violations, such as these, occur. County Manager Cooper stated all compliants were investigated with appropriate action. DISCUSSION OF COUNTY FIRE MARSHAL Commissioner Dolan commented on the County not having a Fire Marshal stating the hazards involved. County Manager Cooper stated this concern had been expressed for a number of years and would be addressed during the budget process this year under the proposed Fire Tax District Program. I DISCUSSION OF PROLIFERATION OF FUND RAISERS FOR CHARITABLE ORGANIZATIONS Commissioner Dolan commented on the proliferation of fund raisers using telephones for charitable organizations stating these organization received no money at all. County Attorney Pope stated his office had prepared a memorandum which would be delivered within the next day addressing this problem on a statewide level. ANNOUNCEMENT OF MEETING AT NEW HANOVER COUNTY LIBRARY FOR PURPOSE OF HUNTERS TO DISCUSS DOG TAGS Commissioner Barfield announced a meeting would be held at the New Hanover County Library on Tuesday, February 5, 1985, at 5:00 P.M. for hunters to discuss dog tags with members of the Animal Control Advisory Board and other professional staff of the Health Department. / ANNOUNCEMENT OF MEETING WITH JONES INTERCABLE TO BE HELD AT MARY C. WILLIAMS ELEMENTARY SCHOOL Commissioner Barfield announced a meeting was being held with Jones Intercable on Tuesday, February 5, 1985, at Mary C. Williams Elementary School, at 7:30 P.M. He invited the Commissioners to attend. I DISCUSSION OF HOME FOR WILLIE M PROGRAM Commissioner Barfield commented on the meeting of the Mental Health Board stating a joint committee of the Planning Committee of Mental Health and Substance Abuse Board are going to investigate finding another location for the Willie M home. He stated he would keep the Board informed. ADJOURNMENT Commissioner to adjourn the UNANIMOUSLY. Retchin MOVED, SECONDED by Commissioner Dolan meeting. Upon vote, the MOTION CARRIED Chairman O'Neal adjourned the meeting at 8:24 o'clock P.M. Respectfully submitted, ~~L..~~ ~e F. Harrell Clerk