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1977-03-07 Regular Meeting ~. :~91 ..., MINUTES OF SPECIAL MEETING, MARCH 3, 1977 (CONTINUED) COMM. WRIGHT AND COUNTY l\TTORNEY EOX ABSENT Comm. Wright and County Attorney James Fox did not return for the afternoon portion of the meeting which began at 1:00 o'clock p. m. DISCUSSION ON IMPLEMENTATION OF COASTAL AREA MANAGEMENT ACT Mr. Rob Moul of the Coastal Resources Commission Staff; Ms. Barbara Crumpler of the Department of Natural & Economic Resources; Ms. Brenda Foreman, legal counsel for the Coastal Resources Commission; Mr. Walter Biggs of the Coastal Resources ;.edviSOry Council and Mr. Doug Powell, local represent.ative of the Coastal Resources , Commission, appeared before the Board to bring them up to date on the Coastal Area Management Act and what phases were planned for the future. Mr. Moul stated that the general purpose of this meeting was to briefly di.scuss the local implementation and enforcement phase of the CAMA and to show the Commissioners some of the areas of en- vironmental concern that were in New Hanover County. Ms. Foreman also advised that there were grants that would be available to help in funding enforcement of the CAMA. After the discussion, questions were answered for the Commissioners and members of various other agencies that were present. ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Absent: Comm. Wright Chm. O'Shields adjourned the meeting at 2:10 o'clock p. m. Re!::pectfully submitted, ,~.~ /5. /h-~ :. Alyce B. Brown Cle:rk to the Board ab MINUTES OF REGULAR MEETING, MARCH 7, 1977 ASSEMBLY The New Hanover County Board of Commissioners met, in Regular Session on Monday, March 7, 1977, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra- tion Building, Wilmington, North Carolina. Members present were Commissioners George E. AlpE!r; Karen E. Gottovi: Ellen C. Williams; Vivian S. Wright: Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller; Attorney Joseph o. Taylor of the county Attorney's Office; and Clerk to the Board, Alyce B. Brown. No members were absent. Chm. O'Shields called the meeting to order. Rev. Edward O. Allen offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 21, 1977, AND SPECIAL MEETING, MARCH 3, 1977 Upon motion by Co~. Alper, seconded by Comm. Wright, the Minutes of the Regular Meeting of February 21, 1977, and the Special Meetins' of March 3, 1977, were unanimously I.approved as presented. .,.. PUBLIC HEARING - NO WAKE ZONE Notice had been published that the Commissioners intended to make application to the Wildlife Resources Commission for the extension of tl:,e existing "no wake" zone in the Atlantic Intracoastal Waterway. Said extension to terminate 300 feet south of the existing "no wake" zone ~lhich presently terminates afproximately 1900 feet south of the C. Heide Trask Memorial Bridge at Wrightsville Beach. Chm. O'Shields asked if there was anyone present to speak for or against the extension of the "no wake" zone and Attorney John F. Crossley appeared on behalf of the petitioners to request approval. Mr. G. C. McKeithan asked the reasons for this extension. ~ ------ ( 2.1:L MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) PUBLIC HEARING - NO WAKE ZONE (CONTINUED) Comm. Alper moved, seconded by Comm. Gottovi, to request the Commission to extend the existing "no wake" zone 300 feet south. carried unanimously. wildlife Resources Upon vote, the motion PROPOSAL FOR OPERATION OF LANDFILL Mr. C. G. McKeithan and Mr. W. L. Whitehead appea,red before the Board and presented a proposal for the operation of a landfill for New Hanover County. Mr. Whitehead re- ported that the site he had previously planned to use was no longer available; therefore, he had no land to use and his proposal was for the op(~ration of the present landfill sitn Mr. Lonnie Poole and Mr. Angus Phillips of Waste Industries also appeared to answer ~ questions concerning the present operation of the landfill. Mr. Poole showed the Com- missioners letters he had received from other trash haulers in the County who were satis- fied with the present operation, and he presented the!Board a letter outlining his recommendations. Chm. O'Shields moved, seconded by Comm. Gottovi, that the County continue to nego- tiate the rates for one year with Mr. Poole and Waste Industries; to review the existing contract and look at changes and things that are objectionable in it; to discuss further as to how the landfill should be operated in the upcoming years and to have the informa- tion ready and a program worked out so there would be plenty of time to put it out for bids and have it ready to go by the first of July, 1978. After further discussion, Chm. O'Shields amended his motion to include the provision that the County have all the information ready by sept~mber 1, 1977. Upon vote, the motion carried unanimously. BREAK Chm. O'Shields recessed the meeting for a break from 9:56 o'clock a. m. to 10:05 o'clock a. m. PUBLIC HEARING . Notice had been published that a public hearing would be held by the Board of Com- missioners of New Hanover County on Monday, March 7, 1977, at 9:30 a. m. in the Assembly.f\ Room of the County Administration Building, 320 Chestnt~ Street, Wilmington, North ) Carolina, to consider the following:' ~ PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON AVENUE APPROXIMATELY 200 FEET EAST OF GREENVILLE AVENUE TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9B. Planning Director Richard Fender reported Commission at its meeting on February 2, 1977, nind Staff recommended approval. THE SOUTH SIDE OF WRIGHTSVILLE FROM R-15 (RESIDENTIAL DISTRICT) that this request was heard by the Planning and both the Planning Commission and Plan- 'I., Comm. Wright moved, seconded by Comm. Alper, that ,the rezoning request be approved and the ordinance entitled "An Ordinance of the County ()f New Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover County, North Carolina adopted July 1, 1972," be adopted. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposi- tion to this rezoning request and no one appeared in th~s regard. Upon vote, Comm. Wright's motion carried unanimously. A copy of the ordinance is contained in Zoning Ordinance Book I, Section 9B, Page 29. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF N. C. HWY. 133 JUST SOUTHEAST OF THE INTERSECTION OF U. S. HWY. 421 AND U. S. HWY. 74 & 76 FOR A MOBILE HOME IN ZONING AREA #9A. Planning Director Richard Fender reported that the Planning Commission had con~ sidered this application at its meeting of February 2, 1977, and both the Planning commission and Planning Staff recommended approval. f\) ~;~j After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a pUblic necessity; and (d) that the location and characte:~ of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Comm. Wright, that this Special ~ ') Ll'} L,J., i.) ..., MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUEDI SPECIAL USE PERMIT (CONTINUED) Use Permit be issued based on the following conditions as recommended by the Planning Commission: 1. Plan as submitted and approved with the application for Special Use Permit; and 2. That this Special Use Permit shall comply wL:h all supplemental regulations and restrictions imposed ~y the Zoning Ordinance and any other Federal, State or local ordinances. I.' Chm. O'Shields asked if there was anyone present to speak in favor of or in I opposition to this application and no one appeared i1. this regard. Upon vote, the motion for approval carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIKL USE PERMIT TO USE PROPERTY AT THE NORTHWEST CORNER OF OLEANDER DRIVE AND HINTON AVENUE FOR AN OUTDOOR RECRE- ATIONAL FACILITY IN ZONING AREA #9B. Planning Director Richard Fenger reported that the Planning Commission had con- sidered this matter at its meeting on February 2, 1977, and both the Planning Commission and Planning Staff recommended approval with the following stipulations: 1. Plan as submitted and approved with the appli,:=ation for Special Use Permit; 2. That internal drives and off-street parking stalls be adequately marked; 3. That there shall be a paved or otherwise improved parking area with marl or comparable base material to insure safe and passable traffic flow; 4. That the area of the outdoor recreational activity be fenced with a minimum four (4) foot ryigh fence so as to present the movement of parti- cipants onto adjacent properties; and 5. That this Special Use Permit shall comply with all supplemental regulations and restrictions imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. After the Commission had considered the followinq four items and found them to .be fact, (a) that the use would not materially endanqer the public health or safety if located where proposed and developed according to the plan as submitted and ap- proved: (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm" Alper moved, seconded by Comm. Williams, that this Special Use Permit be issul~d based on the same condi- tions as recommended by the Planning Commission. Chm. O'Shields asked if there was anyone present to speak in favor of this re- quest and Mrs. Bruce Kubek, the petitioner, appeared to request approval. Chm. O'Shields asked if there was anyone present to speak in opposition to this request and no one appeared. Upon vote, the motion for approval carried unanil~usly. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF GREENTREE ROADrAPPROXIMATELY 325 FEET WEST OF N. C. HWY. 132 FOR AN AUTOMOBILE PAINT SHOP, BODY REPAIR AND/OR FRAME SHOP IN ZONING AREA #9A. Planning Director Richard Fender reported that the Planning Commission had heard this matter at its meeting of February 2 and both the Planning Commission and Plan- " ning Staff recommended approval with the following conditions: ". 1. Plan as submitted and app~oved with the application for Special Use Permit: 2. There shall be no outside storage of wrecked or junked automobiles, paints or painting equipment; 3. No body or frame work shall be permitted othel= than normal body surface preparation for painting; , 4. All painting operations shall be within encloBed structures; 5. That the operation will not create any obnoxious or poisonous fumes, dust or odor; and 6. That this Special Use Permit shall comply with all supplemental regulations and requirements imposed by the Zoning Ordinance and any other applicable Federal, State or local ordinances. After the Commission had considered the followinq four items and found them to be fact, (a) that the use would not materl'ally d th ubI' h en anger e p lC ealth or safety if ~ (/" .:29r MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) SPECIAL USE PERMIT (CONTINUED) located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifi.cations; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Williams moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the same conditions as rec:ommended by the Planning commission. ,f), Chm. O'Shields asked if there was anyone present to speak in favor of this appli- cation and Mr. Fitz Caudle, the local franchisee, appeared to request approval. Chm. O'Shields asked if there was anyone present tc speak in opposition to this Special Use Permit and no one appeared in opposition. Upon vote, the Special Use Permit was unanimously approved. PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE COUNTY ZONING ORDINANCE. Planning Director Richard Fender requested that the Zoning Ordinance Amendments be considered prior to consideration of the application for Special Use Permit for property at 4918 Wrightsville Avenue as that Special Use Permit was contingent upon approval of the Amendments. Comm. Alper moved to consider the Amendments prior to the Special Use Permit. Since it was unnecessary to vote on this action, Comm. Alper withdrew his motion. Planning Director Richard Fender reported that the Planning Commission had considered the following amendments to the Zoning Ordinance at its Jneeting of February 2 and recom- mended approval by a vote of 5 to 3. The Planning Staff had recommended denial. 1. Amend Article V, Section 54-3 by adding the following: (13) Utility Storage 2. Amend 72-28 Article VII, Section 72 by adding the following: Utility Storage - Utility storage may be pl~rmitted in the B-1 Business District provided that: (1) Storage area must be contained in an enclosed structure. (2) Storage building shall not_exceed thirty-five (35) feet in height. (3) Individual storage cubicles shall not I~xceed nine hundred . i (900) square feet in gross floor area.: (4) The storage of perishable items is prohibited. (5) Storage of flammable liquids, explosivE!s or poisons is prohibited. f"\ ) ._~) Mr. Fender read the intent of the B-1 Zoning District and stated that it was the staff's opinion that this use was not oriented to the B-1 District. Comm. Alper moved, seconded by Comm. Williams, to dE~ny this amendment to the Zoning Ordinance. Chm. O'Shields asked if there was anyone present to speak in favor of these amend- ments and Attorney David Barefoot appeared to request approval Mr. Barefoot represented the owner of the property and the purchaser of the property for which the amendments were requested. Mr. Williams, the petitioner, showed the Commissioners a drawing of the building he proposed to erect on the property for which the amendments were requested. ~ Chm. O'Shields asked if there was anyone present to speak against there amendments. Mr. Charles F. Smith and the Rev. Wayne Barkley appeared in opposition to a Special Use Permit for this purpose for the property in question. "._-,,) Upon vote, Comm. Alper's motion for denial of the Zoning Ordinance Amendments was unanimously approved. WITHDRAWAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT 4918 WRIGHTSVILLE ~VENUE FOR UTILITY STORAGE IN ZONING AREA #9B. Due to the action denying the Amendments to the Zoning Ordinance, Attorney Barefoot withdrew the application for Special Use Permit at 4918 Wrightsville Avenue. ~ ~ ~ 295 MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) AMENDMENTS ,TO COUNTY ZONING ORDINANCE (CONTINUED) Planning Director Richard Fender reported that 1:he following amendment to the Zoning Ordinance was staff initiated as the County Building Inspector had requested clarification by specifically stating these permittl~d uses in the A-I District. The Planning Commission had considered the amendment at its meeting of February 2 and recommended approval. Amend Article V, Section 59.3-2. by adding the following: (11) Automobile paint shop, body repair and/or ::rame shop. .' Comm. Alper moved, seconded by Comm. Williams, 1:0 take the staff's recommendation and , approve the amendment as requested. Chm. O'Shields asked if there was anyone presen1: to speak in opposition to or in favor of this amendment and no one appeared in this regard. Upon vote, Comm. Alper's motion carried unanimously. CHANGE ORDERS - HOSPITAL EXPANSION PROJECT Mr. Marshall Risdon appeared before the Board to request approval of the following Change Orders for the Hospital Expansion Project and stated that most of these were due to changes in specifications: General Contract Change Order #1 $ 1,200 $ 1,200 Deduct Electrical Contract Change Order #1 + #2 + #3 + #4 #5 $ 1,643 771 1,929 882 500 $ 2,961 Add ,-_. Plumbing Contract 'Change Order #1 #2 #3 #4 #5 #6 + + $ 1,849 713 1,260 381 550 1,957 $ 2,328 Add $ 4,089 Net Add + If approved, the following budget amendment was requested to make the necessary adjustments: Debit - Acct. #78 575 70, General Contract Acct. #78 575 75, Contingencies Credit - Acct. #78 575 71, Plumbing Contract Acct. #78 575 73, Electrical Contract $ 1,200 4,089 $ 2,328 2,961 Comm. Alper moved, seconded by Comm. Gottovi, approval of the Change Orders as re- quested and to amend the budget to reflect these changes. Upon vote, the motion carried unanimously. WITHDRAWAL OF REQUEST TO PURCHASE PROPERTY - CHRISTI~N TABERNACLE CHURCH At the request of Rev. Sanders of the Christian Tabernacle Church, their request to C "I purchase a City and County owned lot at the corner of 4th and Wright Streets was withdrawn. . LEAA GRANT APPLICATION - CRIME PREVENTION County Manager Eller explained that this was the application for the third and final year of funding for the Crime Prevention Program. H~ stated this amount had been budgeted and recommended approval. Comm. Williams moved, seconded by Comm. Wright, ,:lpproval of the application as re- quested. Upon vote, the motion carried unanimously. A copy of the Resolution approving the application is contained in Exhibit Book IV, Page 65. ~ ~ /' 291> ~7~ MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) APPROVAL OF PURCHASE OF LEAD SCREENING EQUIPMENT Comm. Wright moved, seconded by Comm. Alper, approval of the purchase of 2 of the Erythrocyte Protoporphyrin~achines for which the bids ~ad been approved at the Comis- sioners' meeting of February 21 since the grant provideq for the purchase of 2 machines and it was the intention of the Health Department to pu;chase them. Upon vote, the motion carried unanimously. ADDITION OF VEHICLE TO BUILDINGS & GROUNDS DIVISION County Manager Eller explained that the Sheriff's Department had a confiscated 1970 Ford Maverick which they had intended to sell at auction and recommended that this vehicle be assigned to the Buildings and Grounds Division to be used to collect cultures from various doctors' offices to be processed by the Health Department. .~ \ ): Comm. Gottovi moved, seconded by Comm. Williams, approval of assigning the 1970 Maverick to the Building & Grounds Division. Upon vote, the motion carried unanimously. AUTHORIZATION FOR CHAIRMAN TO SIGN QUITCLAIM DEEDS County Manager Eller requested the Commissioners authorize the Chairman to execute two deeds prepared by the County Attorney conveying the sewer line serving Laney and Trask Schools to the City of Wilmington as this was one ?f the conditions of permitting tap-on of this outfall line to the City of Wilmington se'i'v'er system. Upon motion by Comm. Alper, seconded by Comm. Willia.ms, authority was unanimously granted for the Chairman to sign these deeds as requeste,,:J.. ACCEPTANCE OF OATHS OF OFFICE FOR INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY County Manager Eller reported that the procedure for the establishment of the In- dustrial Facilities and Pollution Control Financing Authority required that the Oaths of the Authority members be filed with the Board of commiss~oners of New Hanover County and entered in its Minutes. Comm. Gottovi moved, seconded by Comm. Wright, acceptance of the Oaths of Office and entering them into the Minutes. Upon vote, the motion carried unanimously. Copies of the Oaths of Office are contained in Exhibit Book IV, Page 66. ~ '-.J MEETING WITH LEGISLATIVE DELEGATION Comm. Wright moved, seconded by Comm. Alper, to ask Representative Rhodes and the other Legislators to come to the next County Commissionel's' meeting to discuss legislation of local interest. Comm. Wright then suggested that a letter be written to the three legislators and reiterate the fact that the Board was still requesting the Bill that was sent to them (concerning Kure Beach sharing in the ABC profits) and felt that they should support it. Chm. O'Shields moved, seconded by Comm. Williams, to write a letter to the legisla- tors and ask them to, once again, consider the legislation (Kure Beach ABC Bill), and if they felt that they were Unable to support us in that request that they meet with us on Monday, March 28, at 9:00 a. m. Upon vote, the motion carried unanimously. DISCUSSION OF CETA TITLE VI PROGRAM The Commissioners had been furnished a list of private, non-profit groups that had requested positions under the existing CETA VI Program. Personnel Director Gary Cannon explained the program and requested the Commissioners prioritize the list so that. when all the requests for positions for the County and munici- palities in the County had been filed, these other agencios' requests could be considered. The following persons appeared before the Board to request positions under this program: )) L,.....;. Mr. Wallace Murchison - Project UP Mrs. Dorothy Johnson - ESAA Community Group, Inc. Mr. Churchill Grimes - Fort Fisher Marine Resource Center It was agreed that the list would not be prioritized until more information was. available on how many positions would be available. Mr. Cannon requested that the Board set a list of priorities for the new CETA VI funds that would be available in mid April for private, ncn-profit groups, as it was necessary for this list to be in the OET Office by March 11. ~. . . ( . 'l ,,'j; fyi b ~ '-)0'" 6JI MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) DISCUSSION OF CETA TITLE VI PROGRAM (CONTINUED) Ms. Vivian Donnell of the ~ousing Authority appeared to request a position under this program. 'I' Chm. O'Shields moved, seco~ded by Comm. Alper, that the priorities be set as follows: Education Elderly Youth Services Beautification Upon vote, the motion carried unanimously. Mr. Pete Jackson offered his comments. BUDGET TRANSFERS - ANIMAL CONTROL, ADMINISTRATION, HEALTH DEPARTMENT, ELECTIONS AND CAPE rEAR TECH Comm. Wright moved, seconded by Comm. Williams, approval of the following budget transfers: Transfer $400 from Contingencies, Acct. #11 4~5 61, to Animal Control, Acct. #11 660 20, for maintenance on the two-way radios used by the Animal Control Center. Transfer of $600 from Contingencies, Acct. #11 445 61, to Travel, Meetings and Schools, Acct. #11 420 14, in the Administration Budget to cover expenses for out of town trips which were unanticipated wh'~n the budget was prepared. Transfer $500 from Contracted Services, Acct. #44 593 45, to Automotive Supplies, Acct. #44 593 31, in the Drainage and Mosquito Control Budget and to transfer the sum of $500 from Contracted Services, Acct. #44 594 45, to Automotive Supplies, Acct. #44 594 31, in the Insect and Rodent Control Budget. Transfer $2,500 from Contracted Services, Acc't. #11 430 45, to Salaries and ~lages, Acct. #11 430 02, in the Elections budget to Gover the cost of conducting three elections and purging the registration record;:; which exceeded the original estimate and to continue employing part-time personnel to work on the division of several precincts. Transfer $633 from Insurance - Other, Acct. #7130, to Insurance - Building, Acct. #6130, in the Cape Fear Tech Budget because of increased premium re- sulting from the addition of the new classroom building. Upon vote, Comm. Wright's motion for approval of the budget amendments carried unanimously. REIMBURSEMENT FOR JOB-RELATED TRAINING IN SHERIFF'S DEPARTMENT The Commissioners were requested to approve reimbursing the following Sheriff's Department employees in the amounts indicated for successfully completing job-related courses at UNC-W and through the Institute of Applied Sciences: James A. Hammonds Robert E. Spell William C. Barefoot John W. Willie Anuar K. Giacoman William L. Tucker, Jr. John P. Roggina $ 185.87 97.40 183.14 137.18 143.18 137.28 245.00 Comm. Alper moved, seconded by Comm. Gottovi, reimbursement to the Sheriff's Depart- ment employees as requested. Upon vote, the motion carried unanimously. DISCUSSION OF RECENT AUDIT OF CLERK OF COURT'S OFFICE Comm. Williams stated her reasons for wanting this item placed on the agenda for discussion. County Manager Eller reported that he had tal}~ed with several people, including the Administrative Officer of the Courts in Raleiqh and the State Auditor who was in charge of the Audit, and was informed by both of 1:hem that the County Commissioners and the County had no responsibility for the conditions that were cited in the Audit and there was no action that the Board should take. They also assured him that had .~'~'" " --.- _.~-_.-.--- ----"--.-..----..-- -----. , ' , ._~ /---- ( 298 -1'lr;? MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) CLERK OF COURT'S AUDIT (CONTINUED) had they found any indication of criminal action or criminal intent that they would have followed through by asking for an SBI investigation or would have turned the information over to the District Attorney, but they indicated that they had found no indication of that. BUDGET TRANSFER - GARAGE Comm. Gottovi Iroved, seconded by Comm. Wright, approval of the transfer of $800 from Acct. #11 540 02, Salaries and Wages, to Acct. #11 555 13, utilities, in the Garage Budget due to increased cost for fuel oil and electric service which were not anticipated when the budget was prepared. Upon vote, the motion carried unanimously. n! , /. -,- ~ ) DISCUSSION ON PROPERTY TAX COMMISSION REPORT Comm. Wright reported that she had reviewed the Property Tax Commission Report and was very disappointed in the study. (See Minute Book 18~ Page 1 for addition) DISCUSSION ON REVISED PERSONNEL POLICY The Commissioners had been furnished copies of a proposed reVl.Sl.on of the County's Personnel Policy which was intended to make personnel administration for all County Departments uniform. Comm. Williams moved that the formation of an Advisory Personnel Board be removed from the Personnel Policy and that the final appeal on employee grievances would be with the Board of Commissioners. County Manager Eller stated that on Page 36 under "Reimbursement for Education ' Expenses" he felt there should be an understanding that the County would only reimburse employees when they did not rece~ve reimbursement from another source. It was decided to insert this provision. ,,' County Manager Eller reported that there was also a change in regard to Jury Duty and Military Leave in that the employees were paid by the County and also allowed to keep the pay received for the other duty. This change was made to keep in line with the State Personnel Plan. It was decided to change this provision. )j Comm. Wright stated that on Page 25 under letter (c) stepdaughter needed to be added to the list. Comm. Wright stated that on Page 29 under "Sick Leave - Manner of Accumulation" she felt the County Manager should approve the advance of sick leave. It was decided to add this. Comm. Wright stated that on Page 35, under "Education Leave With Pay", she felt some changes should be made in this provision. Comm. Wright stated that she felt that on Page 12, under "Qualification Standards" under letter (c) that statement was contradictory to the statement on Page 13 under "Appointments" concerning the hiring of qualified persons, and she felt persons should be employed according to merit and fitness. It was agreed that letter (c) under "Quali- fications Standards" would include the provision that the persons would be employed at a step below the minimum of the classification range for that position when they were not fully qualified for that particular job. It was agreed that changes would be made in the above areas before final approval was granted. AUTHORIZATION OF SCHOOL BOND FUNDS FOR BUS GARAGE REPAIRS Dr. Heyward Bellamy, Superintendent of Schools, ap[Jeared before the Board to re- quest the Commissioners to approve the expenditure of $7,000 in County School Bond funds , : for the renovation of the School Bus Garage. He explai:1ed that this amount would be (\' left after all other expenditures had been made for the schools. .L! Comm. Alper moved, seconded by Comm. Gottovi, approval of the $7,000 expenditure out of the School Bond Funds for renovations to the ScruJol Bus Garage as requested by the Board of Education. Upon vote, the motion carried ~manimously. DISCUSSION ON COASTAL AREA MANAGEMENT ACT Comm. Gottovi passed out some information she had :,cecei ved on the Coastal Area Management Act and presented a letter for the record which expressed her feelings on this matter. ; A copy of Comm. Gottovi' s letter is contained in E:<hibi t Book IV, Page 67. ~-~,.;.._._. .---:--'--,--. '.'.' ',- ..- .'-",_."-'''...'',~'' --"--":~'----'C" .., I- '...-.... r I. ] I . ~ 'L ~ l~) MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) DISCUSSION ON COASTAL AREA MANAGEMENT ACT (CONTINlffiD) Comm. Alper moved to endorse the Coastal Area Management Act and advise our neigh- boring counties of our action and enclose a copy of Comm. Gottovi's letter in the endorsement. The motion did not receive a second, but upon vote carried as follows: I Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright (See Minute Book 18, Page 1 for confirmation and cddition) REAPPOINTMENT OF JEANNETTE BENNETT TO CAROLINA BEJ.CH PLANNING & ZONING COMMISSION Chm. O'Shields moved, seconded by Comm. Wright., to reappoint Ms. Jeannette Bennett to the Carolina Beach Planning & Zoning Commission for an additional three-year term. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - NEW HANOVER ME 00 RIAL HOSPITAL CONSTRUCTION County Manager Eller explained the budget amendment that was necessary to pay the sales tax for the Hospital construction project. He stated that the funds would be reimbursed by the State. APPROVAL OF LETTER TO LEGISLATORS CONCERNING SALES TAX Comm. Wright moved, seconded by Comm. William1::, to write a letter to the legislators and ask them to change the law under sales tax so that governmental agencies would not have to pay it and then go through the necessary paperwork to get it back. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - NEW HANOVER MEOORIAL HOSPITAL CONSTRUCTION (CONTINUED) Comm. Alper moved, seconded by Chm. O'Shields, approval of the following budget amendment as requested to p~y the sales tax for the Hospital construction: Debit - Acct. #78 367 00, State Sales Tax Refund $ 266,500 Credit - Acct. #78 575 37, State Sales Tax Acct. #78 575 39, County Sales Tax $ 200,000 66,500 Upon vote, the motion carried unanimously. APPROVAL OF LEAA GRANT APPLICATION - JUVENILE UNI~ County Manager Eller reported that he had received the application for the third and final year funding for the LEAA Grant for the Juvenile Unit. He explained that the funds for this grant had been budgeted and requested the commissioners approve the application. Comm. Williams moved, seconded by Comm. Alper, approval of the application for the LEAA Grant for the Juvenile Unit. Upon vote, the motion carried unanimously. A copy of the resolution approving this application is contained in Exhibit Book IV, Page 68. REPORT ON APPLICATION FOR AFDC AND FOOD STAMPS County Manager Eller reported that he had been to the Department of Social Services to apply for AFOC and Food Sta~ps just to see what was involved in the application and stated that it was a very interesting experience and recommended the Commissioners do it if they had the time. REQUEST LEGISLATORS' TO OPPOSE HOUSE BILL 140 Mr. J. Van B. Metts appeared before the Board as a representative of the port, Waterway and Beach Commission to express concern over HB 140 which would repeal G. S. 104-275 (10 arid (11) which excluded from ad valorem taxes personal property stored in public warehouses for transshipment. He wanted to call this bill to the attention of the Commissioners in the event they would like to take action opposing the passage of said bill. It was the feeling that it would be detrimental to New Hanover County in the long run if this Statute was repealed. Chm. O'Shields moved to write a letter to the legislators requesting their supp<Jrt that the present law should not be changed. It was agreed to write the letter. Mr. Metts reported that there would be a publi::: hearing on this matter on March 10 in Raleigh. ."_..... ~___.. ....--..___.__.__.'t__ "'~ ~.~. --. ----. ++ .-...-.--,---..- -" . "'~ --- /~ /30Q ......' ........ , . MINUTES OF REGULAR MEETING, MARCH 7, 1977 (CONTINUED) EXECUTIVE SESSION Chm. O'Shie1ds moved, seconded by Comm. Williams, to recess the meeting to Executive Session to discuss land acquisition, attorney/client mat'::ers and committee appointments. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive SeBsion from 1:04 o'clock p. m. to 1:29 o'clock p. m. ADJOURNMENT Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned the meeting at 1:29 o'clock p. m. Q Respectfully submitted, ~ ,,8 /h~ Alyce B. Brown Clerk to thE~ Board ab MINUTES OF SPECIAL MEETING, MARCH 10, 1977 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Thursday, March 10, 1977, at 7:30 o'clock p. m. in the Carolina Beach Town Council Chambers, Carolina Beach, North Carolina. Members present were Commissioners George E. Alper; Karen E. Gottovi; Chairman ~ Claud O'Shields, Jr.~ County Manager Dan W. Eller; and Clerk to the Board, Alyce B. Brown. Commissioners Ellen C. Williams, Vivian S. wright and County Attorney James C. Fox were absent. Also present were Mayor Richard Kepley of Carolina Beach, Mayor C. R. Smith of Kure Beach and members of the Carolina Beach and Kure Beach Town Councils and administration. Chm. O'Shields called the meeting to order. ,~ - .-' PRESENTATION OF 201 FACILITIES PLAN FOR THE AREA Mr. Bob Lyons and Mr. Bill Burnett of Henry engineers, presented the 201 Facilities Plan for Snow's Cut. SOUTH OF' SNOW'S CUT von OesE,n & Associates, the consulting the area, of New Hanover County south of , Mr. Burnett outlined the stages for the development of the 201 Facilities Plan, ,tne various methods that could be used to treat the wastewater and methods of',' disposal, and presented a chart of the costs involved, stating that. the Federal Government would' pay 75% with local governments paying the balance. The engineers recommended that Plan "C", of the five alternates presented, be adopted. Chm. 0' Shields moved to go with the engineers' recoIt:mendation and accept Plan "c" as the suggeSEdplan and that a public hearirgbe scheduled to present this to the people. The motion died for lack of a second. I After further discussion, it was agreed that Plan "C" would be recommended to the public. It was also agreed to set the public hearing for April 19, 1977, at 7:30 p. m. at the Carolina Beach Town Hall Auditorium and that another information meeting with the County Commissioners and Town Councils of Carolina and Kure Beaches be held at 7:30 p. m. on Thursday, March 24, to finalize the presentation for the public hearing. f -'} r) ADJOURNMENT Comm. Alper moved, seconded by Chrn. O'Shields, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Alper, Gottovi and Chm. O'Shields Comm. Williams and Wright Chm~., the meeting at 10:00 o'clock p. m. ", Respectfully submitted, ab ~.B.~ Alyce B. Bro'tm Clerk to the Board \. ~=--~. -..--........-'\.....~--..~ . -:- ~--,_.. ~-_. "-- .~._-_..~ ~ ...........~~'..~111;.,. .