1981-02-16 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981
ASSEMBLY'
The New'Hanover County Board of Commissioners met in Regular Session
on Monday~ February 16, 1981, at 9:00 o'clock a.m. in the'Assembly Room,
New Hanover County Administration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Jonathan
Barfield; Donald P. Blake; Karen E. Gottovi; County Manager G. Felix Cooper;
County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell.
Chairman Claud O'Shields, Jr. was absent.
Vice-Chm. Gottovi called the meeting to order.
Rev. Barry T. Gay of' the First Church of Nazarene offered the invocation.
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APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 2, 1981
Comm. Blake MOVED, SECONDED by Comm. Barfield, to approve the Minutes
of the Regular Meeting of February 2, 1981, as presented. Upon vote, the
motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
APPROVAL OF CONSENT AGENDA
Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the
following Consent Agenda items were approved by the FOLLOWING VOTE:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
REPORT OF COLLECTOR OF REVENUE THROUGH JANUARY 31, 1981
A copy of the Report of the Collector of Revenue Through January 31,
1981, as approved is contained in Exhibit Book VIII, Page 33.
TAX ABATEMENTS AND REFUNDS
A copy of the list of Tax Abatements and Refunds as approved is
contained in Exhibit Book VIII, Page 33.
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RELEASE OF TAXES BARRED BY G. S. 105-378
In accordance with G. S. 105-378 which does not allow forced
collection of any taxes after 10 years from the date due, the following
charges were released on recommendation of the Tax Administrator:
New Hanover County
City of Wilmington
Carolina Beach
Kure Beach
Wrightsville Beach
$21,590.92
16,273.58
533.24
76.49
651. 64
SALE OF TAX LIENS ON REAL PROPERTY
'On recommendation of the Tax Administrator, May 4, 1981, was the date
set for the sale of tax liens on outstanding real estate taxes as of
'January 31, 1981.
GRANT AMENDMENT NO.2 - ADAP-01 PROJECT AT THE AIRPORT
A copy of the Resolution authorizing, adopting, approving, accepting
and ratifying the execution of Amendment No. 2 to Grant Agreement
for Project No. 8-37-0084-1 between the United States of America and
New Hanover County is contained in Exhibit Book VIII, Page 33.
SALE OF SURPLUS JOINTLY OWNED PROPERTY
A copy of the Resolution of the Board of 'Cpmmissioners of New Hanover
County authorizing the Sale of Surplus City/County Owned Property
along with a list of the bids received is ~ontained in Exhibit Book
VIII, Page 33.
"RESOLUTION REQU~TlNG' ADDIT1DN OF ROADS TO STATE SYSTEM
A copy of the Resoluti.on requesting' the' ~ddition of Wood Ridge Road and,
Pine Forest Road in Greenbriar Subdivision to the State Secondary Road
'System is on file in the Clerk's Office.
REDUCTION IN ELECTRICAL CONTRACT RETAINAGE FOR LIBRARY PROJECT
Authorization to reduce ,from 10% to 5% the retainage on the Contract
with Watson Electrical Construction Company on the Library Construction
'Project. ,
RECLASSIFICATION OF SOCIAL WORKER II TO SOCIAL WORK SUPERVISOR I -
SOCIAL SERVICES DEPARTMENT
One Social Worker II position (pay grade 66) was reclassified to a Social
Work Supervisor I position (pay grade 68).
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981 (CONTINUED)
765
APPROVAL OF CONSENT AGENDA (CONTINUED)
DEED OF CORRECTION - TRANSFER OF PROPERTY TO CITY:OF WILMINGTON
The Chairman was authorized to execute a Deed of Correction on
Property located at 615 S. 11th Street that was deeded to the City of
Wilmington on June 16, 1980, for the Developing Programs Division.
WRITE-OFF OF UNCOLLECTIBLE EMS BILLS
The write-off of 3 pages, totaling $945.00, $376.85 and $546.00 of
uncollectible Emergency Medical Services bills was approved.
A copy of the lists is contained in Exhibit Book VIII, Page 33.
BUDGET AMENDMENT - ENGINEERING
The following amendment was approved in the Engineering budget to
appropriate the anticipated revenues generated by the $1.00 tipping
charge on garbage deposited in the landfill:
Debit - Acct. #11 336 00, Landfill Tipping Charges
Credit - Acct. #11 537 04, Professional Services
$119,700
$119,700
BUDGET AMENDMENT - SOCIAL SERVICES/PUBLIC ASSISTANCE
The following amendment in the Social Services/Public Assistance
budget which was made necessary by a change in the method of paying
chore providers was approved: .
Debit Acct. 1/41 610 11, Title XX& County'Only
Chore Expenditures $ 53,037
Acct. {/41 610 18, State Chore Expenditures 62,440
Credit - Acct: -#41 609 02, Salaries & Wages $ 49,730
Acct. /141 609 OS, 'FICA 3,307
Acct. 1/41 609 02, Salaries & Wages 58,547
Acct. 1/41 609 OS, FICA 3,893
'BUDGET AMENDMENT - HEALTH/NEUROLOGY
The following amendment was approved in the Health Department budget
for the Neurology program to return half of the original budget 'to ,
the State for use by another County:
Debit - Acct. 1144 610 04, Professional Services $ 2,640
Acct. 1144 610 10, Auto Allowance 43
Acct. 1144 610 11, Telephone & Postage 90
, Acct. 1144 610 33, Supplies & Materials 1,177
Credit - Acct. 1/44 368 20, Revenue $ 3,950
BUDGET AMENDMENT - WATER & SEWER PROJECT
The following amendment was.approved in the Water & Sewer budget to
repay the State for a planning advance which was issued to the County
in June of 1974 to finance a Regional Water Supply System:
Debit - Acct. #64 299 00, Unappropriated Fund Balance
Acct. 1/64 298 00, Appropriated Fund Balance
Credit - Acct. 1/64 575 57, Water & Sewer-Miscellaneous
$9,312.50
(9,312.50)
$9,312.50
CORRECTION TO MINUTES OF REGULAR MEETING OF JANUARY 21, 1980
The Clerk was authorized to correct the Minutes of the Regular
Meeting of January 21, 1980, to show that Chm. Williams made the motion
on Page 541 under "Discussion on Nuclear Tax Exemption','.
LAND USE PLAN
Mrs. Katherine Hoyt, spokesman for the joint land use subcommittee of
the County Planning Board and the City of Wilmington Planning Commission,
and Mr~, Glen Harbeck of the City of Wil~ington Plannin& Staff, addressep the
Commissioners with regard to plans for public participation in the 'land use
plan being prepared jointly by New Hanover County and the City of Wilmington.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981 (CONTINUED)
CASTLE HAYNE PARK
Mrs. Edna Jordan, and other concerned citizens of the area around the
Riverside Park in Castle Hayne, discussed with the Commissioners problems
with the people using the park and suggested improvements to make the park
more enjoyable for people to use.
Mr. Mike Waters, Director of Parks & Recreation, commented.
Sheriff Radewicz commented on law enforcement problems at the park.
County Attorney Fox commented.
County Manager Cooper commented.
Comm. Gottovi MOVED, SECONDED by Comm. Blake, to put up signs as soon
as possible designating the park and the rules for its usage; to clear
up the title to satisfy the County's need to know where the property lines
were; to write the Boy Scouts and ask for a negotiating session on the use
of their facility; and to put the matter back on the agenda in April for
further discussion as to what the park needed to turn it into a decent
facility. Upon vote, the motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
MEETING WITH ,BOARD OF SOCIAL SERVICES
Dr. James Dixon, Chairman of the Board of Social Services, Mrs. Bertha
Todd and Mr. Johnnie Parker, Board members, and Mr. Wayne Morris, Director
of Social SerVices, were present to discuss with the Commissioners the '
Department's Annual Report for Fiscal Year 1979/80, ,to ,discuss goals,and
objectives for Fiscal Year 1981/82 ,and other aspects of the Department's
activities. A slide presentation was also given explaining facts about
Social Services in North Carolina.
BREAK
Vice Chairman Gottovi recessed the meeting for a break from 10:18
o'clock a.m. until 10:30 o'clock a.m.
PERSONNEL POLlCY AMENDMENTS
Personnel Officer Andre' Mallette appeared 'before the Board to-answer
questions on the proposed amendments to the Personnel Policy.
Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the
following amendments to the Personnel Policy were approved by the
FOLLOWING VOTE:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
Article, I
Section 2.
(e) (ildd) .
Coverage
. . and the County's recruiting procedure prior
to filling a position ,when State competitive"
service rosters have been exausted and an
emergency or provisional appointment has to be
made.
Article III
Section 11.
(b) (add)
Payroll Deductions
(5) Deferred Compensation
(6) Credit Union
Article VII
Section 1.
(Reword)
Leave of Absences
, Holidays
Only permanent employees, who on the work day
preceding and following the holiday, were
(1) at work, or
(2) in an approved leave status
shall be eligible to receive holiday pay.
Section 4.
(Reword)
Annual Leave
Annual leave can only be accumulated by:
(1) full-time or part-time permanent employees
(2) full-time or part-time permanent/probationary
employees
Annual leave may be used for rest and relaxation,
and when sick leave is exhausted.
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767
MINUTES OF REGULAR MEETING, FEBRUARY 16,' 1981 (CONTINUED)
RESOLUTION ESTABLISHING DEFERRED COMPENSATION PLAN
County Manager Cooper gave the background on the proposed Deferred
Compensation Plan to be administered by NACo and recommended adoption
of the Resolution.
Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the following
Resolution establishing a Deferred Compensation Plan for New Hanover County
was adopted by the FOLLOWING VOTE: Voting Aye: Comm. Armistead, Barfield"
Blake, and Gottovi Absent: Chm. O'Shields
In the New Hanover County, on the 16th day of February, 1981 the
following among other proceedings, were had, viz:
IN THE MATTER OF
ESTABLISHING A DEFERRED COMPENSATION
PLAN FOR THE COUNTY OF NEW HANOVER'
WHEREAS, the County has considered the establishment of a Deferred
Compensation Plan to be made available to all eligible County employees,
elected officials, and independent contractors pursuant to Section 457
of the Internal Revenue Code permitting such Plans; and
WHEREAS, certain tax benefits could accrue to employees, elected
officials, and independent contractors participating in said Deferred
Compensation Plans; and
WHEREAS, such benefits will act as incentives to County employees
to voluntarily set aside and ' invest portions of their current income to
meet their future financial requirements and supplement their County
retirement and Social Security, and
WHEREAS, the National Association of Counties has established
a Master Deferred Compensation Program for its member CoUnties, permitting
its member Counties and their employees to enjoy the advantages of this
Program;
WHEREAS, by adoption of the NACo Program, all regulatory, operational,
administrative' and fiduciary responsibilities are hereby assumed by NACo
in behalf of the County; and
WHEREAS, NACo, as Plan Administrator, agrees to hold harmless and
indemnify the County, its appointed and elected officers and participating
employees from any loss resulting from NACo or its Agent's failure to
perform its duties and services pursuant to the NACo Program;
NOW, THEREFORE THE COUNTY GOVERNING BODY DOES HEREBY RESOLVE AS FOLLOWS:
The County governing body, meeting in regular scheduled session, this 16th
day of February, 1981, hereby adopts the National Association of Counties
Deferred Compensation Program and hereby establishes the County of New
Hanover Deferred Compensation Plan for the voluntary participation of all
eligible County employees, elected officials and independent contractors~
The County Manager is hereby authorized to execute for the County"individua]
participation agreements with each said employee requesting same, and to act ~
as the "Administrator" of the Plan representing the County, and to execute ~
such agreements and contracts as are necessary to implement the program. It:\
is implicitly understood that, other than the incidental expenses of collect~
ing and disbursing of the employees' deferrals and other minor administrative
matters, there is to be no cost or contribution by the County to the program.
RELEASE OF TAX LISTING PENALTY FOR DAVID SIMMS
Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to release the listing
penalty for David Simms as requested. Upon vote, the motion carried AS
FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barf~eld, Blake and Gottovi
Chm. O'Shields
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,MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981 (CONTINUED)
DENIAL OF RELEASE OF LISTING PENALTY FOR SUTTON COUNCIL FURNITURE CO.
Mr. James B. Swails, Attorney for Sutton Council Furniture Company,
appeared before the Board to explain why the taxes had not been lisced at
the proper time and requested 'release of the listing penalty.
Comm. Armistead MOVED, SECONDED by Comm. Blake, not to release the tax
listing penalty for Sutton Council Furniture Company. Upon vote, the motion
carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
AWARD OF CONTRACT FOR ARROWHEAD PARK 0
Proposals had been submitted by the following three firms for architect-
ural and engineering services for Arrowhead Park:
E. D. Stone, Jr. and Associates, Inc.
Koonce, Noble & Associates, Inc.
John R. Oxenfeld, A. I. A. Architect
Parks & Recreation Director Mike Waters appeared before the Board to
answer questions and recommended the contract be awarded to E. D. Stone, Jr.
and Associates, Inc.
Comm. Armistead MOVED, SECONDED by Comm. Barfield, that the Contract
for architectural and engineering services for Arrowhead Park be awarded to
E. D. Stone, Jr. and Associates, Inc. as recommended by the Director of
Parks and Recreation. Upon vote, the motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
DISCUSSION ON BIDS FOR LIBRARY TELEPHONE SYSTEM
Only one bid was received on the Library telephone system from R.& E
Electronics in the total amount of $11,649.
Asst. County Manager Gary Cannon and Finance Officer Andy Atkinson
appeared before the Board to ~nswer questions on the bid and contract.
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County Manager Cooper commented.
Comm. Blake MOVED, SECONDED by Comm. Gottovi, that the County Manager
contact the other firm and that he be allowed to give the contract to the
firm that could do the most for the least and that he be authorized to make
the final determination on the number of phones to be considered in the
project. Upon vote, the motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
DISCUSSION ON RENOVATIONS TO COURTHOUSE
The County Manager discussed with the Commissioners some renovations
to the 4th floor of the Courthouse which were suggested in a recent meeting
with a committee of judges and attorneys.
No action was taken pending the receipt of additional information which
was to be obtained by the County Manager.
OBJECTIONS TO REVENUE PROCEDURE 80-55
Mr. John Hunt of Wachovia Bank and Finance Officer Andy Atkinson appeared
before the Board to explain the effect that Revenue Procedure 80-55 would 0
have on interest rates earned on County deposits and also on the interest 'I
charged to Counties for bonds.
Comm. Blake MOVED, SECONDED by Comm. Armistead, to authorize the
Chairman to write all of the County's legislators, the Treasury Department
and the Internal Revenue Service expressing New Hanover County's opposition
to this ruling. Upon vote, the motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake ,and Gottovi
Chm. O'Shields
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1981 (CONTINUED)
ADDITIONAL ITEMS - COUNTY ATTORNEY
REPORT ON HOYLE LITIGATION
The County Attorney reported that in the\Hoyle suit against the
County, all the defendants had beeri dismissed except New Hanover
County as a ,body corporate.
ADJOURNMENT
Comm. Blake MOVED, SECONDED by Comm. Barfield, that the meeting be
adjourned. Upon vote, the motion carried AS FOLLOWS:
Voting Aye:
Absent:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. O'Shields
Vice-Chm. Gottovi adjourned the meeting at 11:33 o'clock a.m.
Respectfully submitted,
~.6-,t?~
Alyce B. Rusmisell
Clerk to the Board
MINUTES OF REGULAR MEETING, MARCH 2, 1981
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on
Monday, March 2, 1981, at 7:00 o'clock p.m. in the Assembly Room, New
Hanover County Administration Building, Wilmington, North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Jonathan
Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.;
County Manager G. Felix Cooper; County Attorney James C. Fox; and Clerk to
the Board, Alyce B. Rusmisell. No members were absent.
Chm. O'Shields called the meeting to order and offered the invocation.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT
TO USE PROPERTY (APPROXIMATELY 2.83 ACRES) LOCATED ON THE EAST SIDE OF AVERY
DRIVE, APPROXIMATELY 400 FEET EAST OF BRADLEY DRIVE TERMINUS, FOR,A TOWNHOUSE
MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL)DISTRICT.
Chm. O'Shields reported that the petitioner and his attorney, Mr. George
Rountree III, had requested this Public Hearing be continued to a later meeting
as Mr. Rountree had been called out of town on a Federal Court case.
Upon MOTION by Comm. Gottovi, SECONDED by Comm. Barfield, the public hearing
on this Special Use Permit Application was UNANIMOUSLY continued to the meeting
of March 16, 1981.
APPROVAL OF MINUTES OF. HEARINGS ON FISCAL YEAR 1980/1981 BUDGET
Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the Minutes of the
Hearings on the Fiscal Year 1980/81 budget were ,UNANIMOUSLY approved as presented.
Copies of the Minutes are contained in Exhibit Book VIII, Page 34.
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 16, 1981
Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that Chm. O'Shields be
excused from voting on the approval of these Minutes as he was in Raleigh on
County business and unable to attend the meeting. Upon vote, the motion carried
UNANIMOUSLY.
Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the Minutes of the
Regular Meeting on February 16, 1981, were approved as presented by the following
vote:
Voting Aye:
Abstaining:
Comm. Armistead, Barfield, Blake and Gottovi
Chm. Q'Shields
APPROVAL OF CONSENT AGENDA
Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the Consent Agenda
containing the following items were UNANIMOUSLY approved: