1978-03-20 Regular Meeting
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MINUTES OF REGULAR MEETING, MARCH 20, 1978
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 20, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County
Administration Building, Wil:mington, North Carolina.
Members present were Commissioners George E. Alper; Karen E. Gottovi; Ellen C.
Williams, vivian S. Wright; Chairman Claud O'Shields, Jr., County Manager Dan W. Eller;
County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members
were absent.
Chm. O'Shields called the meeti~g to order.
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Rev. Harold McSwain of St. Matthews Lutheran Church offered the invocation.
APProVAL OF MINUTES: REGULAR MEETING, MARCH 6, 1978
Chm. O'Shields pointed out that the Minutes should be corrected to show that Mr. Joe
Taylor of the County Attorney's Office was present at the meeting instead of County
Attorney James C. Fox as indicated.
Comm. Williams moved, seconded by Comm. Alper,
Meeting of March 6, 1978, be approved as corrected.
unanimously.
that the Minutes of the Regular
Upon vote, the motion carried
PUBLIC HEARING - CHANGE OF STREET NAME
Notice had beeri given that the New Hanover County Board of Commissioners would hold
a public hearing on March 20, 1978, at 9:00 a. m. in the Assembly Room of the New Hanover
County Administration Building, Wilmington, North Carolina, to consider the approval of
the renaming of Jim Hawkins Court in Treasure Cove Subdivision to Trelawney Court.
Mr. Harry Oakes of the Planning Department explained the reasons for the change
of street name and that the Planning Department recommended it be changed as requested.
Comm. Alper moved, seconded by Comm. Williams, approval of
Hawkins Court in Treasure Cove Subdivision to Trelawney Court.
carried unanimously
the renaming of Jim
Upon vote, the motion
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ProPOSED FLOOD PLAIN REGULATIONS
Planning Director Richard Fender and Senior Staff Planner Charles Lilley presented
the proposed Flood Plain Regulations and explained it to the Commissioners and members
of Wilmington City Council.
The Commissioners offered comments on the proposed plan and requested several
changes be made.
Chm. O'Shields asked if any of the representatives of the City of Wilmington wished
to comment, and Mayor Ben Halterman expressed his opinions.
It was agreed by common consent that a public hearing on the Flood Plain Regulations
would be held on April 3, 1978.
BREAK
Chm. O'Shields recessed the meeting for a break from 9:59 o'clock a. m. until
10:13 o'clock a. m.
DISCUSSION ON PROPOSED AMBULANCE FRANCHISE
County Manager Eller gave some of the background on the proposed Ambulance Franchise
that had been furnished to the Commissioners. Mr. Eller stated that, as required by
G. S. l53A-250, a public hearing must be held following advertising for two successive
weeks before such an Ordinance could be adopted and requested the COmmissiorers to set a 0
date for the public hearing.
The following persons appeared before the Board to comment on the proposed Ordinance:
Mr. Tim Caulder, Chief of the Ogden Volunteer Rescue Squad
Mr. Jerry Ramsey, Cape Fear Council of Governments
Mr. Jim Taylor, Town Manager of Carolina Beach
Sheriff H. G. Grohman
Mr. Jim Larrick, Attorney for Hanover Ambulance Service
Mr. Henry Hoyle, Owner of Hanover Ambulance Service
Mr. Ray Stanford, Ogden Volunteer Rescue Squad
Mr. Jeff Tripp, Ogden Volunteer Rescue Squad
Mrs. Sybil Walker, New Hanover Volunteer Rescue Squad
Mr. Joseph Zalk, Ogden Volunteer Rescue Squad
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MINUTES OF REGULAR MEETING, MARCH 20, 1978 (CONTINUED)
DISCUSSION OF PROPOSED AMBULANCE FRANCHISE (CONTINUED)
Comm. Gottovi moved, seconded by Comm. Williams, to have a public hearing on
the proposed Ambulance Franchise Ordinance at the second County Commission meeting
in April and authorize the advertising for this public hearing. 'Upon vote, the
motion carried unanimously.
BREAK
Chm. O'Shields recessed the meeting for a break from 11:11 o'clock a. m. until
11:25 o'clock a. m.
DISCUSSION ON PROPOSED AMBULANCE FRANCHISE (CONTINUED)
Dr. James R. Dineen appeared before the Board to comment on the proposed ~ulance
Franchise Ordinance.
The'Commissioners and County Attorney also offered further comments.
REPORT ON CONGREGATE FEEDING PROGRAM
Rev. Richard Feagin, New Hanover County Coordinator for the congregate feeding
program, reported to the Board on the status of the proqram' that was being conducted
in New Hanover County by Sencland Community Action.
DISCUSSION ON OFFENDER AID AND RESTORATION REQUEST FOR FUNDING
Mr., Deother Melvin, of the OAR Board of Trustees, Mrs. Barbara Graham, Executive
Director of OAR, Judge Gilbert Burnett and Sheriff Grohman appeared before the Commis-
sioners to request that they reconsider funding the OAR'program beginning July 1, 1978.
The Commissioners had considered this matter at the me~ting of FebrUary 20 and had been
furnished additional information.
No action was taken.
LUNCH
Chm. O'Shields reces~ed the meeting for lunch from 12:40 o'clock p. m. until
1:15 o'clock p. m.
AMENDMENT TO NEW HANOVER COUNTY DOG CONTROL ORDINANCE
The Commissioners had been furnished copies of an Amendment tocthe Dog Control
Ordinance. Mr. J. W. Johnson of the Animal Control Center appeared before the Board
to answer questions.
Comm. Alper moved, seconded by Comm. Wright, to approve the ordinance entitled
"Amendment to New Hanover County Dog Control Ordinance" with the change that the
County Commission from 'time to time may establish redemption fees different from those
set forth1herein rather the County Manager. Upon vote, the motion carried unanimously.
A copy of the Ordinance is contained in the Ordinance Book in the Clerk's Office.
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APPROVAL OF REVISED CONTRACT FOR ANIMAL CONTROL CENTER
The Commissioners had been furnished copies of a revised contract for operation of
the Animal Control Center.
Comm. Alper moved, seconded by Comm. Williams, that the contract be changed to
read that the Center would be open from 9:00 a. m. until 12:00 noon on Saturdays of
each week in addition to the hours from Monday through Friday. Upon vote, the motion
carried unanimously.
Comm. Alper moved, seconded by Chm" o 'Shields , to approve the revised contract as
amended. Upon vote, the rrotion carried unanimously.
A copy of the contract is on file in the County Manager's Office.
APPEAL FROM 1977 BOARD OF EQUALIZATION & REVIEW - WILMINGTON HILTON
Mr. Larry Powell, Tax Administrator, and Mr. Emmitt Shugart,', of the North Carolina
Ad Valorem Tax Division, appeared before the Board to request a reduction in the tax'
valuation for the Wilmington Hilton. Mr. Shugart explained the appraisal process by
which the tax valuation had been figured a~d recommended the present'valuation be reduced.
Comm. Gottovi moved, seconded by Comm~,Alper, that the Board agree with the valuation
suggested by Mr. Shugart in the amount of $1',735,000', recognizing the validity of the
income approach to the tax value of the land and also the underwater acreage and econo-
mic depreciation necessary on the property. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields
Voting Noe: Comm. Williams and Wright
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MINUTES OF REGULAR MEETING, MARCH 20, 1978 (CONTINUED)
WILMINGTON HILTON TAX APPEAL (CONTINUED)
Comm. Wright requested that the record show that she was opposed to this land
being on the tax books at its 12 years ago value, and she greatly opposed reducing it
any less than $12.76'a square foot which it was presently valued.
ChID. O'Shields moved that the Minutes show the vote taken on the issue and that no
other comments be placed in the record. The motion died for lack of a second.
Comm. Williams stated for the record that she totally agreed with Comm. Wright's
comments.
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Chm. O'Shields stated for the record that he totally disagreed with both Comm.
Wright and Comm. Williams.
Tax Administrator Larry Powell reported that the value should be increased to
$1,735,380.
Comm. Gottovi amended her motion to increase the yaluation to $1,735,380 and upon
vote, the amendment carried as follows:
Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields
Voting Noe: Comm. Williams and Wright
APproVAL OF THE REPORT OF COLLECTOR OF REVENUE THROUGH FEBRUARY 28, 1978
Comm. Alper moved, seconded by Chm. O'Shields, approval of the report of the Collector
of Revenue through February 28, 1978. Upon vote, the motion carried unanimously.
A copy of the Report is contained in Exhibit Book V, Page 71.
APPROVAL OF TAX ABATEMENTS & REFUNDS
County Attorney Fox stated that he had reviewed the list of Tax Abatements and
Refunds and found them to be in order.
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Comm. Alper moved, seconded by Comm. Gottovi, approval of the list of Tax Abate-
ments and Refunds. Upon vote, the motion carried as follows:
Voting Aye: COmm. Alper, Gottovi, Williams and Chm. O'Shields
Voting Noe: ,Comm. Wright
A copy of the list is contained in Exhibit Book V, Page 72.
DATE OF 1978 BOARD OF EQUALIZATION AND REVIEW
Chm. O'Shields moved, seconded by Comm. Alper, that the 1978 Board of Equalization
and Review meet on April 24, 1978, at 9:00 a. m. Upon vote, the motion carried unanimously.
ENDORSEMENT OF PROPOSED CHANGED IN LOCAL GOVERNMENTAL .EMPLOYEES RETIREMENT SYSTEM
The Commissioners had been furnished copies of proposed changes in the Local Govern-
mental Employees' Retirement System, and the NCACC requested that each Local unit advise
its support or opposition to these proposals.
Chm. O'Shields moved, seconded by Comm. Gottovi, to adopt the second proposal on
the response sheet which would endorse the proposed changes in the local system but not
endorse their consideration during the 1978 session of the General Assembly. Upon vote,
the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields
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Voting Noe: Comm. Wright
A copy of the proposed changes endorsed is contained in Exhibit Book V, Page 73.
BUDGET TRANSFER - AGRICULTURAL EXTENSION
Comm. Gottovi moved, seconded by Comm. Williams, approval of the transfer of $1,500
from Salaries & Wages, Acct. #11 615 02, to Maintenance & Repair - Buildings & Grounds,
Acct. #11 615 15, in the Agricultural Extension Budget to complete the cleaning up of
an area for additional derronstration plots for trees and shrubs. Upon V9te, the motion
carried unanimously.
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MINUTES OF REGULAR MEETING, MARCH 20, 1978 (CONTINUED)
APPROVAL OF BID FOR LEXAN WINDOWS FOR SOCIAL SERVICES
The following bids were received for lexan for the windows at .the Department of
Social Services:
Item #1
Item #2
Total
Glass Service Company
Atlantic Glass Company
$2,024.70
1,503.90
$16,280.82
7,535.10
$18,305.52
9,039.00
Comm. Alper moved, seconded by Comm. Williams, approval of ,the bid from Atlantic
Glass Company in the amount of $9,039. Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - HOSPITAL EXPANSION
Comm. Wright moved, seconded by COmm. Williams, approval of the following budget
amendment to disburse payment to the hospital for interest received on their $100,000
and $400,000 certificates of Deposit:
Debit - Acct. #78 329 00, Interest
Credit - Acct. #78 575 91, Payment,to Hospital
$ 7,871.69
$ 7,871.69
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - LIBRARY
Comm. williams moved, seconded by Comm. Wright, approval of .the transfer of $250
from Books & Materials, Acct. #11 630 34, to Supplies & Materials, Acct. #11 630 33,
in the Library Budget to cover the cost of film storage boxes' and a flannel board for
use in the "Outreach" Program. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - ADMINISTRATION
Comm. Williams moved, seconded by Comm. Alper, approval of the transfer of $1,000
from Contingencies, Acct. #11 445 61, to Telephone & Postage, Acct. #11 420 11, in the
Administration Budget. Upon vote, the motion carried unanimously.
APPROVAL OF REVENUE SHARING COMPLIANCE AUDIT
Comm. Williams moved, seconded by Comm. Gottovi, approval of a propos.al by Lowrimore,
Warwick & Co., CPA's, for performing the compliance audit of Revenue Sharing Funds as
required by Federal Law and that the Chairman be authorized to execute the agreement.
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - FINANCE
Comm. Gottovi moved, seconded by Comm. Alper, approval of the following budget
transfer in the Finance Department to cover costs through the end of this fiscal year:
Credit - Acct. #11 440 11, Telephone & Postage $ 500
Acct. #11 440 53, Dues & Subscriptions 120
Acct. #11 440 33, Supplies & Materials 300
Acct. #11 440 14, Travel, Meetings & Schools 200
Debit - Acct. #11 440 54, Insurance & Bonds $ 50
Acct. #11 440 74, Capital Outlay Equipment 100
Acct. #11 440 07, Group Insurance 600
Acct. #11 440 05, FICA 370
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - FINANCE
,Comm. Alper moved, seconded by Comm. Wright, approval of the transfer of $3,000
from Contingencies, Acct. #11 445 61, to PFofessional Services, Acct. #11 440 04, in
the Finance Department Budget to cover cost of retaining the County's CPA firm to
assist in establishing the necessary procedures to bring our fixe4 asset accounting
program into compliance with the regulations of the audit guide. Upon vote, the
motion carried unanimously.
LEASE AGREEMENTS - RENTAL CAR AGENCIES AT THE AIRPORT
Airport Manager R. C. Shackelford appeared before the Board to explain the lease
agreements with the rental car agencies at the Airport and answer questions from the
Board.
COmm. Alper moved, seconded by Comm. Gottovi, to approve the lease agreements with
the rental car agencies at the Airport. Upon vote, the motion carried unanimously.
Copies of the Agreements are on file in the County Manager's Office.
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MINUTES OF REGULAR MEETING, MARCH 20, 1978 (CONTINUED)
REQUEST FOR CONSIDERATION OF BINGO ORDlNANCE
Comm. Williams suggested that the Commissioners review a copy of the Carolina Beach
Bingo Ordinance in order to consider such an ordinance.
REQUEST FOR STUDY ON COMPLETION OF PIEDMONT TO PORT HIGHWAY
Comm. Gottovi suggested that the Council of Governments be requested to attempt
to secure funds from the Coastal Plains Regional Commission for a study of the state-
wide economic impact of the completion of the Piedmont to Port Highway.
MEETING ON URBAN RDLES IN LUMBERl'ON 0
Chm. O'Shields reminded the Board of the Rural & Small Cities Development Conference
in Lumberton on March 31 and stated that Congressman Charlie Rose was planning to set up
a meeting later that day with representatives from Farmers Home Administration to try to
work out difficulties involved with the Cape, Fear Water & Sewer Authority project.
REVISED APPOINTMENT METHOD FOR COUNCIL ON THE STATUS OF WOMEN
Chm. O'Shields moved, seconded by Comm. Gottovi, that the Council on the Status
of Women that was endorsed on March 6 be composed of 17 members, with 7 being appointed
by the County Commissioners, 7 appointed by the City of Wilmington and 1 appointee from
each of the beach municipalities and that if, within a reasonable time, the beaches did
not appoint a representative the County Commissioners would fill that appointment. Upon
vote, the motion carried as follows:
Voting Aye: COmm. Alper, Gottovi, Williams and Chm. O'Shields
Voting Noe: Comm. Wright
DISCUSSION ON JAIL REPORT
COmm. Alper had some questions concerning the Jail Report which were clarified by
the other commissioners.
APProVAL OF GRANT OFFER AND ACCEPTANCE
County Manager Eller reported that he had received a grant offer from the State
in the amount of $13,108 for the Sewer System Evaluation for Wrightsville Beach and
the City of Wilmington under the 201 Plan. He recommended that the Board adopt a
Resolution authorizing the Chairman to execute the Offer and Acceptance.
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Comm. Alper moved, seconded by Comm. Williams, approval of
the Chairman be authorized to execute the Offer and Acceptance.
carried unanimously.
A copy of the Resolution authriting execution is in Exhibit Book V, Page 74.
BUDGET TRANSFER - JUVENILE SERVICES CENTER
Comm. Gottovi moved, seconded by COmm. Alper, approval of the transfer of $700
from Professional Services, Acct. #11 522 04, to Maintenance & Repair - Buildings &
Grounds, Acct. #11 522 15, in the Juvenile Services Center Budget to purchase a new
water conditioner. Upon vote, the motion carried unanimously.
the grant offer and that
Upon vote, the motion
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. Gottovi, that the meeting be recessed to
Executive Session for Committee appointments. Upon vote, the motion carried unanimously.
Chm. O'Shields recessed the meeting to Executive Session at 2:49 o'clock p. m.
COMM. WRIGHT LEFT AT 2:50 O'CLOCK P. M. AND WAS ABSENT FOR THE REST OF THE
MEETING.
Chm. O'Shields reconvened the meeting to Public Session at 2:56 o'clock p. m.
APPOINTMENT OF ROBERT T. BROWN TO LIBRARY ADVISORY BOARD 0
Comm. Alper moved, seconded by Comm. Gottovi, that Robert T. Brown be appointed to
fill an unexpired term on the Library Advisory Board until August 31, 1979. Upon vote,
the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields
Absent: Comm. Wright
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MINUTES,OF REGULAR MEETING, MARCH 20, 1978 (CONTINUED)
ADJOURNMENT
Comm. Alper moved, seconded by Chm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper~ Gottovi, Williams and'ChID. O'Shields
Absent:
Comm. Wright
Respectfully submitted,
~l.
Alyce
Clerk
4. .Il ~ .~<-~ LL-
B. Rusmisell
to the Board
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MINUTES OF SPECIAL MEETING, MARCH 23, 1978
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Thursday,
March 23, 1978, at 7:30 o'clock p. m. in the Fellowship Hall, Kure Memorial Lutheran
Church, Kure Beach, North Carolina.
Members present were Commissioners George E. Alper, Karen E. Gottovi; Ellen C.
Williams; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller and Clerk to
the Board, Alyce B. Rusmisell. Comm. Vivian S. Wright and County Attorney James C.
Fox were absent.
Chm. O'Shields called the meeting to order and stated the purpose of this Special
Meeting was to hold a public hearing on the, 201 Facilities Plan for Wastewater Treatment
and Disposal Plan for the Carolina!Kure Beach Area.
Mayor S. L. Doty of Kure Beach offered the invocation and welcomed everyone to
the meeting.
PRESENTATION OF 201 FACILITIES PLAN FOR THE CAROLINA!KURE BEACH AREA
Mr. Bob Lyons of Henry von Oesen & Associates presented the proposed 201 Facilities
Plan for the area south of Snow's Cut. He stated'that of the various plans considered,
Plan "c" was the plan recommended by the engineers. Mr. Lyons explained the selected
plan and gave the reasons for the engineers' recommendation.
Mr. Lyons then answered questions from the audience concerning the selected plan.
Members of the Town Councils of Carolina and Kure Beaches and the New Hanover
County Commissioners that were present offered comments.
No action was taken on the plan.
ADJOURNMENT.
Comm. Alper moved, seconded by COmm. Gottovi, 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 9:55 o'clock p. m.
Respectfully submitted,
'~/5.#?~
Alyce B. Rusmisell
Clerk to the Board
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