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HomeMy WebLinkAbout1985-02-18 Regular Meeting 790 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 18, 1985, at 9:00 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners John Dolan, Fred Retchin; Claud 0' 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 Robert Behnke, Pastor of Messiah Lutheran Church, gave the invocation. APPROVAL OF MINUTES Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to approve the minutes of the Public Hearing on January 9, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Regular Meeting of January 21, 1985, as presented. Upon vote, the MOTION CA~RIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to approve the minutes of the Special Meeting of January 29, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commis sioner Retchin MOVED, SECONDED by Commi s sioner Barf ield to approve the minutes of the Regular Meeting of February 4, 1985, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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. The following persons commented on the location of the home for "Willie M" children. Mr. Ronald Saucier emphasized the need to locate the home in a non-residential neighborhood as soon as possible. Chairman O'Neal emphasized the fact that "Willie M" is a State program not a County program stating the money was available through the State for purchase or leasing of a home. He stated as County Commissioners we should urge the state to help these children and insist on selective placement of the home. Commissioner Barfield commented on the feelings of the residents on Pine Street stating the Mental Health Center and Substance Abuse are actively searching for placement of the home. He commented on the misleading facts concerning whether this was a state or county funded program stating since the program was funded by the state and that funds were available through the state, the Mental Health Center and Substance Absue should handle the problem. r County Attorney Pope commented on certification of "Willie M" children stating there should be no problem with the Building Inspector's interpretation. Mr. Mike Glancey, a member of the Substance Abuse Board, commented on the offer made by Commissioner Barfield to purchase a lot and house asking the position of the County Commissioners on this issue. Chairman O'Neal stated this is a regional program totally funded by the State with ample funds for the program's needs commenting on the purchase of real property by the County and the possibility of suit by the citizens of the County. I'-.. 791 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 APPROVAL OF CONSENT AGENDA After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to approve the following Consent Agenda items with an amendment to Item #7, Seagate Sewer Design, Paragraph a. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA I Approval of Report of Collector of Revenue through January 31, 1985 The Commissioners approved the Collector of Revenue's report through January 31, 1985. A copy of the report is contained in Exhibit Book XII, Page 40. 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 XII, Page 40. Approval for Release of Taxes Barred by G. S. 105-378 The Commissioners approved the release of 1974 taxes as barred by G. S. 105-378. The Tax Administrator has approved these types of releases in the past. Approval for Advertisement of Tax Liens on Real Property I The Commissioners authorized the Tax Collector to advertise tax liens on real property to be published on March 18, 1985. Adoption of Resolution for Addition of Roads to State Secondary Road System The Commissioners adopted a resolution for addition of the following roads to the N. C. State Maintained Secondary Road System: Spring Creek Rd. - (Div. File #506-N) Rose Ave. Ex. - (Div. File #516-N) Anaca Point Rd. - (Div. File #453-N) Greenbriar Sub. - (Div. File #514-N) A copy of the resolution is contained in Exhibit Book XII, Page 40. Adoption of Resolution Proposing Acceptance of an Offer to Purchase Surplus Property Owned by the City of Wilmington and New Hanover County The Commissioners adopted a resolution proposing acceptance of an offer to purchase properties located at the rear of 611 South 8th Street, rear of 610 South 9th Street, rear of 600 Block South 9th Street, rear of 600 Block South 9th Street, and 610 South 9th Street, in the amount of $980 representing an ad valorem tax value as of 1983 totaling $1,960. This offer to purchase will be duly advertised for upset bid. I A copy of the resolution is contained in Exhibit Book XII, Page 41. Approval of Engineering Contract - Seagate Sewer Design The Commissioners authorized the Chairman to execute a new contract as required by HUD in order to include provisions such as non-discrimination, conflict of interest, etc. This was approved with amendment to Paragraph a. as requested by the Engineering Department. A copy of the contract is on file in the County Manager's office. 792 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 APPROVAL OF CONSENT AGENDA (CONTINUED) Authorization for Execution of RSVP Expansion Grant Application The Commissioners authorized the County Manager to execute the necessary grant application forms for an RSVP Expansion Grant. The total amount of the grant is $5,000 with no local match. Approval of Amendment of Buy and Sell Agreement Between New Hanover County and Adrienne H. Debnam (MacMillian Buick Property) The Commissioners authorized the Chairman to execute the original contract and amendment to the Debnam Contract which provides for interest on balance due of purchase price after delivery of deed. A copy of the contract is on file in the County Manager's office. Approval for Trade of Austrian Lorenz Rifle The Commissioners approved an exchange of an Austrian Lorenz rifle offered by Chris Fonvielle as presented by the Board of Trustees of the Museum in accordance with the Collection Policy of the Museum. Adoption of Resolution Authorizing the New Hanover County Public Library to Hold Book Sales The Commissioners adopted a resolution authorizing the New Hanover County Public Library to hold book sales whenever the Library determines the need stating all sale proceeds be appropriated to Account Number 11-6110-423 to be used for the purchase of new books for the library's collection. A copy of the resolution is contained in Exhibit Book XII, Page 41. Authorization to File Formal Application to the Land Water Conservation Funds Grant for Hugh MacRae Park Improvements The Commissioners authorized formal application for the LWCF grant in the amount of $58,000 for improvements to Hugh MacRae Park with federal funding in the amount of $29,000 and local funding in the amount of $29,000. Approval of Request for 80% Refunds on all Unexpired Building and Mobile Home Permits The Commissioners approved 80% refunds on all unexpired Building and Mobile Home Permits. Approval of Development Agreement - AmHoist Project New out for The Commissioners approved a development agreement between Hanover County and AmHoist to commit both parties to carry the AmHoist project as described in the application approved funding by NRCD. r Approval for Transfer of Sixty-Six (66) Personnel Jackets from Register of Deeds to Personnel Office The Commissioners approved the transfer of sixty-six (66) inactive personnel jackets from the Register of Deeds to the Personnel Office for incorporation into official files. I'-... 793 MINUTES OF REGULAR MEETING, FEBURARY 18, 1985 (CONTINUED) APROVAL OF CONSENT AGENDA (CONTINUED) Report of Budget Amendments approved by County Manager The following Budget Amendments were approved by the County Manager and are being reported for entry into the record: I Museum - To Budget Arts Council Grant Black Heritage Festival Debit Credit - #11 3614 300, Arts Council Grant #11 6140 326, Contracted Services $845 $845 Department of Aging - Line Item Costs Debit #11 3390 890, Miscellaneous #11 5821 392, M & R #11 5821 510, Auto Allowance #11 5822 392, M & R #11 5825 392, M & R Credit - #11 5821 380, Postage #11 5821 421, Dept. Supplies #11 5821 381, Telephone #11 5821 411, Printing #11 5822 411, Printing #11 5822 421, Dept. Supplies #11 5825 411, Printing #11 5825 421, Dept. Supplies $1,050 100 230 200 200 $ 150 900 100 230 100 100 100 100 I APPROVAL OF AMENDMENT TO FRANCHISE ORDINANCE - CABLE TV REGULATIONS - VISION CABLE Upon the second reading, Commi ssioner Retchin MOVED, SECONDED by Commissioner Barfield to approve an amendment to the Franchise Ordinance Section 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's 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) per cent 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 The MOTION CARRIED as follows: Voting Aye: Commissioner Barfield Commissioner Dolan Commissioner Retchin Chairman O'Neal Voting Noe: Commissioner O'Shields I PRELIMINARY DISCUSSION OF CASTLE HAYNE ZONING Planning Director Hayes gave background information on proposed zoning for the Castle Hayne area stating an effort had been initiated in March, 1982, with a deadlock vote by the Planning Board and no definite decision made by the County Commissioners. He stated the recommendations for this preliminary discussion revolved around the following issues: 1. Aquifer Recharge (groundwater) Protection 2. Farmland Protection and Preservation 3. Consistency with County Policies for Growth and Development, including land use patterns. 794 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 (CONTINUED) DISCUSSION OF CASTLE HAYNE ZONING (CONTINUED) Planning Director Hayes emphasized that the presented information was for discussion only stating no recommendations would be made until Public Hearings had been held giving the citizens an opportunity to express their opinions. A discussion was held on the results of the questionnaire in 1982 to which approximately 75 people directly responded reflecting the following response: 75% - area to remain the same 27% - desire land use controls 15% - do not desire land use controls 28% - area should grow 58% - no opinion Planning Director Hayes commented on the negative remarks received in the last survey stating many of the residents in Castle Hayne did not want zoning. Chairman O'Neal asked if anyone present wished to speak on the issue. The following persons commented in opposition to the zoning requesting the Commissioners not to consider zoning this area: Mr. Thomas Moore Mr. Richard Wilson Mrs. Myrtle Barnhill Mrs. Suzanne Wilson Commissioner O'Shields commented on the fact that when property is unzoned, any type of industry, housing, etc. can be placed on vacant land pointing out the danger to property owners when no zoning exists. Commissioner Dolan questioned the opposition asking why they showed an indication of desiring land control that would preserve the rural area but were so opposed to zoning which would provide a method of control. He suggested furnishing factual data to the citizens and making them aware of the dangers involved. Mrs. Gray Thomas, a property owner in Marathon Subdivision, commented on the need for zoning in Castle Hayne stating it had been rumored that a shop of some form was going to be constructed next to the subdivision. She expressed concern, as a property owner, having no control through zoning to prevent this type of construction which could lower her property value. Commissioner Retchin emphasized the importance of keeping the nature of this area the same when proceeding with a proposed zoning program. After discussion among the Commissioners, it was the consensus of the Board to authorize the Planning Department to proceed to draw up recommendations for zoning of the Castle Hayne area emphasizing the need to provide factual data to the citizens explaining a need for protection of their property and pointing out that zoning is a totally separate issue from property taxes. Public Hearings are to be held by the Planning Board before presenting recommendations at a future date. MEETING RECESSED TO EXECUTIVE SESSION Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to recess the meeting from Regular Session to Executive Session for a litigation purpose. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal recessed the meeting from Regular Session to Executive Session at 12:18 o'clock P.M. I'-... 795 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 (CONTINUED) EXECUTIVE SESSION (CONTINUED) Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to reconvene the meeting from Executive Session to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened the meeting to Regular Session at 12:18 o'clock P.M. I MEETING RECESSED FOR LUNCH Chairman O'Neal recessed the meeting for lunch from 12: 19 o'clock P.M. to 12:50 o'clock P.M. ADOPTION OF RESOLUTION FOR RETURN OF PAYMENT ON 1984 TAXES - FOREST BY THE SEA Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt a resolution for return of payment on 1984 taxes, on Lot 19, Forest by the Sea. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XII, Page 41. POSTPONEMENT OF REQUEST FOR WAVIER OF TAX PENALTY - BABCOCK & WILCOX After discussion, it was the consensus of the Board to defer action on this request until March 11, 1985, in order to receive more data on the request. SCHEDULING OF 1985 EQUALI ZATION AND REVIEW BOARD MEETING After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to schedule the 1985 Equalization and Review Board Meeting for Apirl 15, 1985, from 10:00 a.m. to 12:00 noon. Upon vote, the MOTION CARRIED UNANIMOUSLY. I ADDITIONAL ITEMS - COUNTY COMMISSIONERS SCHEDULING OF JOINT MEETING WITH VOLUNTEER RESCUE SQUADS Commissioner Dolan gave background information on a meeting held on Sunday, February 17, 1985, with the Volunteer Rescue Squads. He stated the squads had requested the Commissioners to postpone making a decision on the proposed county-wide Emergency Services System in order to allow input from all parties involved. Commissioner Retchin stated that the Commissioners attending the meeting had agreed to arrange a joint work session in order for the squads to discuss the County's proposal and present proposals of their own. County Manager Cooper stated this proposal had been forwarded to the rescue squads three months ago requesting input and that as of this date no one had contacted him. I After discussion, it was the consensus of the Board to schedule a joint work session on March 15, 1985, at 8:00 A.M. in the Assembly Room, County Administration Building inviting all Volunteer Rescue Squads including the EMS Section of the City of Wilmington Fire Department. It was also the consensus of the Board to request submission of counter-proposals prepared by the squads to the County Manager's office no later than March 12, 1985. County Attorney Pope commented on outside agency contracts not being executed for the Fiscal Year 1984/85. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to authorize the County Attorney to contact the Volunteer Squads for execution of these contracts immediately if funding is to be continued. Upon vote, the MOTION CARRIED UNANIMOUSLY. 796 MINUTES OF REGULAR MEETING, FEBRUARY l8, 1985 (CONTINUED) DISCUSSION OF RESOLUTION ADOPTED BY HUMAN RELATIONS COMMISSION RECOMMENDING THE NAME OF A SCHOOL Commi ssioner 0' Shields commented on the adoption of a resolution by The Human Relations Commission recommending the naming of a school to the Board of Education. He stated he felt this type of action did not fall within the duties of the Human Relations Commission requesting in the future this type of action not be taken by this Commission. AUTHORIZATION FOR COUNTY MANAGER TO EXECUTE CONTRACT FOR IBM SYSTEM After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to authorize the County Manager to sign the IMB contract at the rate of 8.08% instead of the First Union Contract at a rate of 9.2% allowing a savings of $20,000 over the life of the loan. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF PURCHASING FURNITURE USED IN THE MOVIE SET DMARIED County Manager Cooper stated the N. C. Film Corporation filmed a portion of the movie MARIE at the courthouse using furniture for a courtroom setting at a cost of $25,000. He stated the film corporation had approached him asking if the County would be interested in purchasing this furniture at an approximate cost of $6,000. He stated the purchase of this furni ture could be used in the renovated courthouse to provide for: (1) an overflow courtroom; (2) a place for people going on tour to see a film; and (3) allow us to say "This is the courtroom set used in the film Marie filmed in Wilmington in 1985." County Manager Cooper, also, recommended the use of nine pews in the Assembly Room in order to provide a seating arrangement that would allow a clear view of the Commissioners from all sections of the room. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to authorize the County Manager to negotiate to purchase the furniture with the N. C. Film Corporation for the furniture at a maximum cost of $6,000 to be transferred from the Fund Balance. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF DLEGISLATIVE DAY FOR SOUTHEASTERN NORTH CAROLINA APRIL 2, 1985 County Manager Cooper stated he had received commitments of funding from Brunswick County and Columbus County for "Legislative Day" for southeastern North Carolina in Raleigh, North Carolina, on April 2, 1985. He stated the cost to New Hanover County should be approximately $3,500. After discussion, it was the consensus of all present that meeting with legislators throughout the State expressing the needs of Southeastern North Carolina would beneficial to all counties involved. APPROVAL OF BUDGET FOR KATIE BECKETT PROGRAM Health Director, Bob Parker, gave background information on the "Katie Beckett/Medicaid Waiver" requesting funding for implementation of this program through the fiscal year. He stated the annual cost of the program would be $150,000 with all costs reimbursed to the County directly through the Medicaid Program plus a 30% administrative fee for administering the program. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve the following Budget Amendment to implement the program. Upon vote, the MOTION CARRIED UNANIMOUSLY. I'-... "" 797 MINUTES OF REGULAR MEETING, FEBRUARY 18, 1985 (CONTINUED) APPROVAL OF BUDGET FOR KATIE BECKETT/MEDICAID WAIVER (CONTINUED) I Debit - #11 3516 Credit - #11 5177 - #11 5177 - #11 5177 - #11 5177 - #11 5177 381, 326, 411, 421, 370, 381, Katie Beckett/Medicaid Rev. Professional Services Printing Departmental Supplies Contracted Services Telephone (Cape Fear Lifeline) $36,627 $34,000 50 945 1,200 432 APPROVAL OF CONTRACT FOR PURCHASE OF EASEMENTS FOR SEAGATE SEWER SYSTEM Engineering Director, Ed Hilton, requested approval of a contract for authorization to spend funds for the purchase of easements through HUD for the Seagate Sewer System. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to authorize the expenditure of these funds for purchase of easements. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF BUDGET AMENDMENT FOR NEW HANOVER COUNTY SCHOOLS Commissioner Retchin MOVED, SECONDED by Commissioner Barfield to adopt a resolution approving a Budget Amendment in the amount of $10,484 as presented by the Board of Education. Upon vote the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XII, Page 42. COMMITTEE APPOINTMENTS I REAPPOINTMENT OF HENRY E. MILLER, JR. TO SERVE ON THE NEW HANOVER COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to reappoint Henry E. Miller, Jr. to serve a six-year term expiring on February 22, 1991. Mr. Miller was serving an unexpired term. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 2:00 o'clock P.M. Respectfully submitted, ~y:~ Clerk I