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1976-09-20 Regular Meeting . !. . "'lIIIIl \93 MINUTES OF REGULAR MEETING, SEPTEMBER 7, 1976 (CONTINUED) ADJOURNMENT , Comm. Taylor moved, seconded'by Comm. Wright, that the meeting be adjourned and no Special Meetings be called in the next two weeks. Upon vote, the motion carried unanimously. Chm. Davis adjourned the meeting at 1:25 o'clock p. m. Respectfully submitted, ~~ 6, /1t-~~J Alyce B. Brcwn Clerk to the: Board ab MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 ASSEMBLY The New Hanover County Board of Commissioners Ilet in Regular Session on Monday, September 20, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina, Members present were Commissioners George E. A:Lper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; County Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. Davis called the meeting to order. Rev. Ralph Jernigan of First Pentecostal Holiness Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 7, 1976 Chm. Davis asked if the motion on the bottom 0:E page 184 under "Ad Valorem Tax Exemption - Silver Lake Baptist Church" was clear to all the Commissioners. He stated that it was his intention that there be a liberal interpretation of this law with the benefit of the doubt going to the church. Upon motion by Comm. O'Shields, seconded by Co:mn. Taylor, the Minutes of the Regular Meeting of September 7, 1976, were unanimously approved as presented. Comm. Wright requested that in the Minutes of the Meeting of September 7, 1976, on Page 192 under "Appointment of Kingoff, Watkins and Jervay to New Hanover Memorial Hospital Board of Trustees", her vote be recorded as "noe". She stated that she did not have a problem with all of them but did not agree with one of the nominees. 'PROJECT UP' PRESENTATION The following persons appeared before the Board as representatives of the project Up Program and made a presentation on the programs and activities of their organization: Dr. William H. Wagoner, Chairman Ms. Jean Fountain, Coordinator Rev. D. E. Parkerson Mr. Robert N. Moore Mr. Dennis Anderson Ms. Fran Russ Dr. Steven Harper Ms. Sheila Davis Ms. Pat Efird Mr. W. K. Hobbs, Jr., Projects Chairman Mr. Thomas Muno Ms. Margaret Fonvielle Mr. W. R. Fountain Mr. Van F.e id Mr. Bill Broadfoot Mr. Hobbs presented to the Commissioners a list of recommendations for consideration. This list of recommendations is contained in Exhibit Book IV, Page 15. Chm. Davis asked that the Project Up Committee keep in close contact with the County through the Commissioners and through the Cc.unty Manager and give ideas for im- provement in the County as a whole. Mr. C. G. Berry offered his comments to the Board. ~ /'" ( (:14 MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (CONTINUED) TABLING OF REQUEST FOR USE OF HUGH MACRAE PARK FOR ARTS & CRAFTS SHOW This item had been tabled' from the last meeting for the County Attorney and County Manager to obtain additional information. Due to the fact that Mr. Hillary Worthington was not in attendance to present his request for the use of the Park, by common consent the matter was again tabled. APPROVAL OF CHANGE ORDER TO CONTRACT WITH DAVIDSON & JONE~, INC. The Commissioners were requested to approve a change order prepared by Ballard, McKim & Sawyer - Hartman-Cox Associated Architects, reducing the Contract with David- son & Jones, Inc. for construction of Phase I of the Law Enforcement Center by the sum of $118,072.23. County Manager Eller reported that the cpange order was based upon the bids received for repairs to the Library plus the fee the County owed to Ballard, McKim & Sawyer - Hartman-Cox Associated Architects plus a claim from the City of Wilmington for engineering services. He stated this chan'~e order was necessary in order to use the funds to award the Contracts for repairs to the Library. ) Mr. Herbert McKim, Architect, stated that it was the position of the County that that the damage to the Library was caused by Davidson & ~Jnes, and Mr. Charles Sweeney, Attorney for the County in this matter, stated that it was his recommendation that the Commissioners approve the Change Order. Comm. Alper moved, seconded by Comm. Taylor, approval of the change order and an amendment to the Courthouse & Jail Construction Fund w~ich would decrease the General Contract Reserve for Encumbrances, Acct. #63 280 01, by t~e amount of $118,072.23 and appropriate it as follows: ; Library Construction, Acct. #63 575 81 Library Designing, Acct. #63 575 82 Library Engineering, Acct. #63 575 83 $89,900.00 22,990.34 5,181.89 Upon vote, the motion carried unanimously. AWARD OF CONTRACTS FOR REPAIRS TO THE LIBRARY Mr. Herbert McKim, Architect, presented the tabulati~Jn repairs to the Library and. explained the method of biddinq. be awarded to Reagan Construction Company, the low bidder', of bids received on the He recommended the project t) Comm. 'Alper moved, seconded by Comm. O'Shields, that'Reagan Construction Company receive the award as tabulated on the sheet presented by Ballard, McKim & Sawyer. Upon vote, the motion carried unanimously. A copy of the bid tabulation and architect's recommendation is contained in Exhibit Book IV, Page 16. APPROVAL OF RESOLUTION AUTHORIZING APPLICATION FOR STEP II STATE GRANT APPLICATION Mr. Henry von Oesen and Mr. William Burnett of Henry:von Oesen & Associates, Inc. appeared before the Board to request the COMmissioners to adopt a Resolution and authorize the Chairman to execute an application for Step II and Step III State Grant Applications for the design of the Northeast Interceptor ,~hich is part of the 201 Facilities Plan. Comm. 0' Shields moved, seconded by Comm. Alper, adop1,:ion of the Resolution and authorization for the Chairman to execute the application for funds in the amount of $14,260. Upon vote, the motion carried unanimously. A copy of the Resolution is contained in Exhibit Book IV, Page 17. DISCUSSION OF WILMINGTON-NEW HANOVER PLANNING COMMISSION The N. C. Society of Surveyors had requested permission to address the Commissioners regarding a problem with the Wilmington-New Hanover Plann+ng Commission. I) Mr. John A. Benson, Vice-President of the Southeastern Chapter of the N. C. Society of Surveyors, appeared before the Board as a repn~sentati ve of all the registered land surveyors engaged in full time practice in New Hanover County. He presented to the Board a written request for consideration by the Board and subse- quent action by them. This request concerned the alleged conflict of interest of Mr. Paul Foster, who was a member of the Wilmington-New Hanover Planning Commission., A copy of this request is contained in Exhibit Book J,:V, Page 18. ~ . !. i. ;f; ~ ,., 1.95 MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (CCNTINUED) DISCUSSION OF WILMINGTON-NEW HANOVER PLANNING COMVISSION (CONTINUED) The following persons offe:red their comments on the matter: Mr. Pete Depland Ms. Sue Hayes Mr. A. R. Sharpe, Jr. Mr. Howard Loughlin Mr. John Tinga Mr. Bob Helm Mr. Johnie Garrason Mr. Dan Cameron reported that, even though it was apparently the preliminary plat for his subdivision that had caused this controversy, he wanted the record to show that he had no prior knowledge of the petition circulat=d concerning the conflict of interest of Mr. Foster. Mr. Henry von Oesen also reported that he wanted the record to show that his organization was not a party to this matter althoug:1 a member of his firm had drawn the plat of the subdivision over which the contro~~rsy had apparently developed. No action was taken by the Board on this matt8r. DISCUSSION OF PRELIMINARY PLAT OF GREAT OAK ESTATE:3 Mr. Dan Cameron appeared before the Board regarding the preliminary plat of Great Oak Estates on which approval was denied by the Planning Commission. He stated that he thought all requirements had been complied with and was, at this point, quite frustrated as to what he could do in order to get approval for this preliminary plat. Planning Director, Ri':ihard Fender, reported on the status of the plat. Mr. Henry von Oesen and Mr. Hoyt Bradshaw of Henry von Oesen & Associates reviewed the plat with the Commissioners as it had been preBented to the Planning Commission. The following persons offered comments on the matter: Mr. A. R. Sharpe of the Planning Commission Mr. Pete Bradshaw Mr. Bob Helm Mr. Bradshaw presented to the Commissioners a statement and a petition signed by area residents opposed to the subdivision. A copy of the statement and petition are conta.ined in Exhibit Book IV, Page 19. The plat was referred back to the Planning Corrmission for further consideration. DISCUSSION OF PUBLIC HEARING ON 201 FACILITIES PLAN Mr. William S. Funderburg inquired as to the public hearing on the 201 Facility Plan. He was informed that the public hearing would be held on November 1 instead of October 4 and that a subsequent notice to that effect would be published in the news- paper to inform the public. DISCUSSION OF PUBLIC PARK IN MONTEREY HEIGHTS Mr. Harry Oakes of the Planning Department rep~rted that the developer of Monterey Heights Subdivision had offered to dedicate to New Hanover County an area in Monterey Heights for development by the County as a public p3.rk. The area had been reviewed by the Planning Department staff, the County Engineer and the Soil Conservation Service and their recommendation was that the County not ac~ept dedication. Comm. Alper moved, seconded by Comm. O'Shields, to follow the recommendation of the staff and not accept dedication of this area in Monterey Heights for development as a public park. Upon vote, the motion carried as follows: Voting Aye: Corom. Alper, O'Shields, Wright and Chm. Davis Temporarily Absent: Corom. Taylor APPLICATION FOR FEDERAL FUNDS UNDER LOCAL PUBLIC WOl~S BILL The County Manager requested direction from thE! Board regarding filing an applica- tion for funds under the Local Public Works Act. The Commissioners had been furnished a list of potential projects. ~ /"" (19G MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (CONTINUED) APPLICATION FOR FEDERAL FUNDS UNDER LOCAL PUBLIC WORKS BILL (CONTINUED) Comm. Wright suggested that the Board consider very seriously the County Manager's statement regarding the future operation and maintenance ~osts of some of the projects, and under those conditions Comm. Wright moved to ask Mr. Eller to prepare applications for numbers 4 and 5 on his list of potential projects whi~h were as follows: 4. Rebuild sewer system and upgrade water system at New Hanover County Airport for an estimated cost of $250,000. 5. Replace air conditioning system in Administration Building for an esti- mated cost of $250,000. f) Comm. Taylor seconded Corom. Wright's motion. chm. Davis made a substitute motion that a public he,:iring be scheduled at night in either the Assembly Room or Superior Courtroom to get input from the public on what their priorities would be on a project of this nature. Tpe motion died for lack of a second. Comm. Wright restated her original motion, seconded by Comm. Taylor, that the Board ask Mr. Eller to prepare an application for items Nb. 4 and 5 as listed in his letter to the Commissioners of July 30, 1976. Upon vote,; the motion carried unanimously. Chm. Davis stated that he was voting "aye" reluctantly as he felt the public should have some input on the matter. DOG TAG PURCHASE BY MAIL County Manager Eller reported that, at the direction of the Commissioners, the Tax Office and Animal Control Center had made arrangements to sell dog tags by mail. A pro- posed order form had been submitted to the Board for approval. Comm. 0' Shields moved, seconded by Comm. Alper, appr',::>val of the order form for selling dog tags by mail. Upon vote, the motion carried ,unanimously. BUDGET TRANSFER - CORONER Coroner Robert Smith had requested the Commissioners authorize the transfer of $2,258 from Professional Services, Acct. #11 600 04, and appropriate $2,090 to Equipment, Acct. #11 600 74, and $168 to Maintenance and Repair - Equipment, Acct. #11 600 16, in order to purchase two mobile radios compatible with the new communi- cation system in the Sheriff's Department and provide a o?e-year maintenance contract on each unit. I) Comm. Wright moved, seconded by Comm. Taylor, approval of the budget transfer as requested by the Coroner. Upon vote, the motion carried ;lnanimously. BUDGET TRANSFER - SHERIFF'S DEPARTMENT The County had been notified by the carrier of the Sheriff's professional liability insurance of a major rate increase and a reduction in the'coverage limits. Since the National Sheriff's Association offered the best coverage a.vailable at the most reason- able premium, it was proposed that the coverage be placed with them. The Coromissioners were requested to transfer $3,032 from Contingencies, Acc~. #11 445 61, to Insurance and Bonds, Acct. #11 510 54, in the Sheriff's Budget to p:lace this insurance. Comm. Taylor moved, seconded by Comm. Wright, approval of the transfer in the Sheriff's Budget as requested. Upon vote, the motion carfied unanimously. BUDGET TRANSFER - PUBLIC SCHOOL CONSTRUCTION At the time the budget was prepared, it was assumed .that all the public school bond funds would be expended or encumbered prior to June 30. This was not the case and $701,337.14 went into Unappropriated Fund Balance. Tris item had been tabled at the Commissioners' meeting of September 7, and, at the request of the Commissioners, the County Manager had provided further information. In ;)rder to remit these funds to the school system, the following budget amendment was fequested: ~ ~ ) Debit - Acct. #65 299 01, Unappropriated Fund Balani~e Credit - Acct. #65 575 98, Contribution to Schools $701,337.14 701,337.14 Comm. Alper moved, seconded by Corom. O'Shields, to approve the budget transfer as requested for Public School Construction. Upon vote, the motion carried unanimously. ~ . . . .~ ;; ,., 197 MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (CJNTINUED) DEMOLITION OF CITY AND COUNTY OWNED HOUSES - 1007 CASTLE ST. AND 408 WILSON ALLEY County Manager Eller reported that both the :ity and County Building Inspectors recommended demolition of houses owned by the City of Wilmington and New Hanover County located at 1007 Castle St. and 408 Wilson Alley. The Commissioners were requested to authorize demolition of the structures as the cost of repairs far exceeded the value of the buildings. The cost of.such demolition wollld be borne by the City and a lien in favor of the City placed against the property. Comm. Alper moved, seconded by Comm. Taylor, approval of the demolition of houses located at 1007 Castle St. and 408 Wilson Alley a:::; recoromended. Upon vote, the motion carried unanimously. ADDITION TO STATE SECONDARY ROAD SYSTEM - BRADLEY PARK SUBDIVISION Comm. Taylor moved, seconded by Comm. Wright, adoption of the following resolution requesting the addition to the State Secondary Road System of Michelle Drive, Solera Road, Anne Drive and Renee Court in Bradley Park Subdivision upon the recommendation of the Division of Highways, the Planning Departmlmt and the County Engineer. I REQUEST FOR ADDITIOn TO STATE MAINTAINED SECONDARY ROi\D SYSTEM WHEREAS, the attached petition has been ::iled with the Board of County Commissioners of the County of New Hanover requesting that the above described roads, the location of which have been indicated in red on the attached map, ~e added to the Secondary Road system; and WHEREAS, the Board of County Commissione1~s is of the opinion that the above described roads should be added to the Secondary Road System, if the roads meet minimum standards and criteria established by the State Highway Commission for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of New Hanover that the State Highway Commission is hereby requested to review the above described road~;, and to take over the roads for maintenance if they meet established standards and criteria. Upon vote, the motion carried unanimously. APPROVAL OF REPORT OF COLLECTOR OF REVENUE Comm. O'Shields moved, seconded by Comm. Taylor, approval of the Report of the Collector of Revenue through August 31, 1976. Upon vote, the motion carried unanimously. A copy of the Collector of Revenue Report is contained in Exhibit Book IV, Page 20. APPROVAL OF TAX ABATEMENTS AND REFUNDS County Attorney Fox had reviewed the list of abatements and refunds furnished by the Tax Department and reported it to be in order. Comm. O'Shields moved, seconded by Comm. Alper, approval of the list of abatements and refunds. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis t Voting Noe: Comm. Wright A copy of the list of abatements and refunds is contained in Exhibit Book IV, Page 21. DISCUSSION OF MUSEUM HAUNTED HOUSE Comm. Wright moved that the actual money earn2d by the Haunted House come to the County with the understanding that it would be used for Museum purposes. Comm. Wright withdrew her motion since thereflere personnel matters involved that would be discussed in executive session. ~ 098 MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (CONTnruED) CONFIRMATION OF TERMS OF MEMBERS OF WILMINGTON-NEW HANO~~R INSURANCE ADVISORY COMMITTEE Comm. Wright moved, seconded by Comm. O'Shields, to confirm the terms of the fol- lowing three members of the Wilmington-New Hanover county Insurance Advisory Committee: APPOINTEE TERJ1 EXPIRES Junl~ 8, 1979 Junl~ 8, 1978 Junf~ 8, 1977 f'1 Allan Strange Bruce DesChamps Franklin Elmore Upon vote, the motion carried unanimously. /! DISCUSSION OF SUPPLEMENTAL SECONDARY ROAD CONSTRUCTION ALLOCATION Comm. wright suggested that the State be informed tvat it was hold a public hearing on the $4,900 that had been allocated to New supplemental secondary road construction. not necessary to Hanover County for DISCUSSION OF RECEPTION AT N. C. MARINE RESOURCES CENTER Chm. Davis stated that, in his opinion, all of loca+ government was totally snubbed at the ceremonies dedicating the N. C. Marine Resources Center at Fo~t Fisher.on September 10, 1976. . APPROVAL OF CHANGE ORDER - SOUTHEASTERN MENTAL HEALTH CEnTER County Manager Eller distributed to the Commissione~s copies of a letter he had received from Leslie N. Boney, Architect, in answer to h:Ls inquiry of August 3, 1976, relating to the matter of the change order for a booster' heater for the dishwasher at the Mental Health Center. This item had been tabled frorn the coromissioners' meeting of August 2, 1976. Comm. Alper moved, seconded by Comm. O'Shields, app;oval of Change Order P-2 in the amount of $343 to the contract with Whiteville Plumbing Company for the Mental Health Center Construction. Upon vote, the motion carri~d unanimously. \ It was the concensus of the Board that the County ~lnager should write a letter to the architects and emphasize that, in the future, change orders must have prior approval of the Commissioners before the work was done. J ~I \ ./' BUDGET TRANSFER - CAPE FEAR TECH County Manager Eller stated that Cape Fear Technical Institute had requested the transfer of $171 from Salaries - Housekeepers, Acct. #61()4 to Contractual Services, Acct. #6111 in order to provide funds for the annual conl:ract with Orkin Exterminating Company for the new building. I Comm. Taylor moved, seconded by Comm. Alper, approv~l of the transfer as requested by Cape Fear Tech. Upon vote, the motion carried unanimously. TYPING OF MINUTES OF BOARD OF E & R MEETINGS County Manager Eller reported that the Tax Administrator had informed him that handwritten minutes had been completed of all of the mee1:ings of the Board of Equali- zation and Review and requested direction from the Board as to whether or not it would be necessary to have them typed up. Mr. Powell had estir~ated that it would be about a two-month typing job for one person. . Comm. O'Shields moved that the Minutes bg maintained in longhand and made a mat- ter of record and if they have to be approved7the Board 1:0 set them for approval. It was agreed by common consent to handle the matter as outlined in Comm. O'Shields' motion. DISCUSSION OF NEW HANOVER COUNTY INDUSTRIAL AND POLLUTIOn CONTROL FACILITIES FINANCING AUTHORITY County Manager Eller reported for the record that hE~ had written Mr. Bruce Strickland of the Department of Natural & Economic Resources, concerning the conflict of interest matter in the New Hanover County Industrial ilnd Pollution Control Facilities Financing Authority and was informed by Mr. Strickland that he should get an opinion from the bond attorney, Mr. ,James LaPenn. ~! , I , ./ ~ . '. '. j ~i ,., l ~) ~J MINUTES OF REGULAR MEETING, SEPTEMBER 20, 1976 (O)NTINUED) '" EXECUTIVE SESSION Corom. O'Shields to Executive Session unanimously. moved, seconded by Corom. Taylor, that the meeting be recessed to discus~ personnel matters. Upon vote, the motion carried ,~ Chm. Davis recessed the meeting to Executive Session at 12:28 o'clock p. m. Chm. Davis reconvened the ,meeting to Public :>ession at 12:32 o'clock p. m. ADJOURNMENT Comm. Wright moved, seconded by Comm. Alper, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Davis adjourned the meeting at 12:32 o'clock p. m. Respectfully submitted, ~_ /S. h~ Alyce B. Brown Clerk to 1:he Board ab MINUTES OF SPECIAL MEETING, SEPTEMBER 27, 1976 ASSEMBLY The New Hanover County' Board of CommissionerE': met in Special Session on Monday, September 27, 1976, at 8:30 o'clock a. m. in the P,ssembly Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, for the purpose of meeting with the Museum Board of Truste,es, Trustees of the Museum Founda- tion and the Museum Staff to discuss items related to the Museum; considering Title XX Contracts; approval of appl ica tion for CETA Title II funds; and approval 0 f a budget amendment for CETA Title II funds. Members present were Commissioners Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; and Clerk to the Board, Alyce B. Brown. Comm. George E. Alper and County Attorney James C. Fox were absent. Chm. Davis called the meeting to order and stated that one of the purposes of the meeting was to define the Museum Foundation and what it did and to define the responsibilities and authority of the Museum Board of Trustees. The following persons were in attendance as representatives of the Museum Board of Trustees, the Museum Foundation and the Museum Staff: Mr. Dan Brawley, Chm. Museum Bd. of Trustees Mr. Paul Grimsley Dr. Heyward Bellamy Mr. Henry MacMillan Miss Catherine Carpender Dr. H. G. Crowgey Mrs. Linda Nance Mr. William E. Perdew Mrs. Jean Kelly Mr. M2ares Harriss Mrs. Eleanor Howland Mr. John Jefferies Mrs. Helen Willetts Mr. Gary Eyster, Museum Director DISCUSSION OF MUSEUM Mr. Dan Brawley, Chairman of the Museum Board of Trustees, explained to the Commissioners the function of the Museum Foundation, stating that it was a private, non-profit corporation designed to help the Museum. He stated that the Foundation was a completely separate entity from the Board of Tru::;tees and that the Board of Trustees would like to know the scope its (the Board's) authority. After considerable discussion, Chm. Davis sug':}ested..that, subject to everybody's approval, Mr. Brawley and County Manager Dan EIller, and whoever else they felt neces- sary, meet to discuss a policy of guidelines settLig forth the authority of the Board of Trustees that everybody can live with. .~