1979-02-05 Regular Meeting
346
5</(.
MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 5, 1979, 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.; Karen E. Gottovij
Claud O'Shields, Jr.; Vivian S. Wright; Chairman Ellen C. Williams; County Manager
Dan W. Eller; County Attorney James C. Fox; and Clerk to"the Board, Alyce B. Rusmisell.
No meinbers were abs'ent.
Chm. Williams called the meeting to order.
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Rev. Petty D. W. McKinney, of St. Luke AME Zion Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 15, 1979
Comm. Wright requested permission to abstain from-Voting on approval of the Minutes
of the Regular Meeting of January 15, 1979, since she was not present at the meeting.
Comm. Gottovi
Regular Meeting of
follows:
moved, seconded by Comm. Armistead, to approve the Minutes of the
January 15, 1979, as presented. 'Upon vote, the motion carried as
,
Voting Aye:
Comm. Armistead, Gottovi, 0' Shields and Chm. Williams
Abstaining: Comin. Wright
ADOPTION OF ORDER TO CLOSE A PORTION OF IMPERIAL DRIVE
Mr. Charles Lilley of the Planning Departmerit reported that the Commissioners had
adopted a Resolution of Intent to close a portion of Imperial Drive at the meeting of
January 2, 1979. This Resolution had been published once a week for four successive
weeks, and no adverse comments had been received. The Commissioners were requested to
adopt the Order closing that portion of Imperial Drive.
Chm. Williams asked if there was anyone present who wished to oppose the closing
of 'this street and no 'one appeared.
Comm. O'Shields moved, seconded by Comm. Armistead, adoption of the 'Order closing
that portion of Imperial Drive. Upon vote, the motion carried unanimously.
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A"copy of the Order is contained in exhibit Book VI, Page 61.
DISCUSSION ON REMODELING OF BELK-BEERY BUILDING FOR LIBRARY
Mr. C. G. Berry appeared before the Board to ask that they reconsider the method of
remodeling the Belk-Beery Building for the new Library.
DISCUSSION ON ABC LAW ENFORCEMENT CONTRACT TERMINATION
Mr. William S. Rehder, Chairman of the ABC Board, Mr. George Talley, ABC Administrator,
and Mr. Cicero Yow, Attorney for the ABC Board, appeared to discuss the termination of
their contract with the Sheriff's Department for ABC Law Enforcement.
The Commissioners had been furnished copies of a proposal for the disposition of
the property and the recommendations of the County Manager.
Comm. O'Shields moved, seconded by Comm. Armistead, to table discussion on this
matter until the first meeting in February.
Sheriff Radewicz appeared before the Board to answer questions.
Comm. 0' Shields withdrew his motion and moved, seconded by Comm. Armistead, that 0
in regard to the termination of the contract the County sell back to the ABC Board the
1 manual typewriter, the 2 Smith & Wesson pistols, the 4 riot shotguns, the 4 hickory
stocks, 4 helmets and 4 gas masks, that the County keep everything else and that in
regard to the accrued liability of vacation time the ABC Board be requested to assume
this along with the sick leave since this would be a non-reimbursable cost. Upon vote,
the motion carried unanimously.
POWER BREAK
Chm. Williams recessed the meeting for a break from 9:39 o'clock a. m. until 9:57
o'clock a. m. due to a power failure.
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347
MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
ABC LAW ENFORCEMENT (CONTINUED)
Comm. Gottovi moved to rescind the previous motion and made a substitute motion,
seconded byComm. Armistead, to go back to the tabling motion and table the dectsion
on the ABC equipment until the second meeting in February and give the Sheriff, 'the
County Manager and the ABC Administrator time to work out what would be in the best
interest of all of the parties concerned so that neither the County nor the ABC system
would be shortchanged.
Comm. Wright moved to keep" the new car when it came in and sell the 1974 Pontiac
to the ABC Board for $1,800.
The following vote was cast for Comm. Gottovi's tabling motion:
Voting Aye:
Voting Noe:
CODlD. Gottovi
Comm. Wright
Comm. Wright restated her motion to'keep the new car when it came and sell the
1974 Pontiac hack to the ABC Board for $1,800.'
Comm. Armistead seconded Comm. Wright's motion with the amendment that when the
new car came in the 1976 Chevrolet would be sold back to the ABC Board at the price
of $2900. Upon vote, the motion carried unanimously.
Comm. Armistead moved, seconded by Comm. o 'Shields , to sell back to the ABC Board
the typewriter for $25., shotguns for $25. each, riot sticks for $2 each, riot helmets
for $10 each, gas masks for nothing and the pistols for $75 each and to take option #3
on the sick leave and vacation which stated that the ABC Board ,would assume that
liability; Upon vote, the motion carried unanimously.
,It was agreed to amend Comm. Armistead's motion to include that the first motion
on the equipment be rescinded.
PUBLIC HEARING
Notice 'had been published that a public hearing would be, held by the Board of
Commissioners of New Hanover County on Monday, February 5, 1979,- at 9:30 a. m. in the
Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington,
North carolina, to consider the following:
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF NORTH COLLEGE ROAD AND MURRAYSVILLE ROAD FROM R-15 (RESIDENTIAL DISTRICT)
TO'B-2 (HIGHWAY BUSINESS) DISTRICT
Planning Director William Farris reported that the Planning Commission had con-
sidered this rezoning at its meeting on January 3 and both the Planning Commission'and
Planning Staff recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of or in opposi-
tion to this request.
Mr. Joe Reaves, real estate developer, appeared to request approval.
Comm. Wright moved, seconded" by Comm. Armistead, approval of the rezoning and
adoption of the Ordinance entitled "An Ordinance of the County of NeW Hanover Amending
the Zoning Map of Zoning Area #8B of New Hanover County, North Carolina, Adopted
June 19, 1972". Upon vote, the motion carried unanimously.
A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance
Book I, Section #8B, Page 12.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF THE INTERSECTION OF PARK AND HINTON AVENUES FOR STORAGE AND
DISTRIBUTION IN A B-2 (HIGHWAY BUSINESS) DISTRICT
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this request at its meeting on January 3, and both the Planning Commission
and Planning Staff 'recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of or in opposi-
tion to this request and no' one appeared.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
SPECIAL USE PERMIT INTERSECTION OF PARK AND HINTON AVENUES (CONTINUED)
After the Commission had considered the following four items and round 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 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. Gottovi moved, seconded by Comm. Wright, that this Special 0
Use Permit be issued based on the same conditions as recommended by the Planning
Commission. Upon vote, the motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR MODIFICATION OF A PREVIOUSLY ISSUED SPECIAL
USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD 800 FEET SOUTH
OF MASONBORO LOOP ROAD FOR ALTERATION OF CABLE T. V. ANTENNAE.
Mr. Charles Lilley of the Planning Department explained,the reason for requesting
the modification of this Special Use Permit and reported that the Planning Commission had
considered the application at its meeting on January 3, and both the Planning Commission
and Planning Staff recommended approvaL
Mr. David Barefoot, Attorney for Clear Cable Co., Inc. explained the request
further and requested approval.
No one appeared in opposition.
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 necessitY1 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. Wright moved, seconded by Comm. O'Shields, to approve the 0
modification to the Special Use Permit as recommended by the Planning Commission. Upon
vote, the motion carried unanimously.
PUBLIC HEARING TO CONSIDER A RESOLUTION OF INTENT TO CLOSE A PORTION OF PEACHTREE AVENUE
WITHIN THE WINTER PARK SCHOOL SITE
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this at its meeting of January 3, and both the Planning Commission and
Planning Staff recommended approval.
Comm. O'Shields moved, seconded by Comm. Gottovi, to adopt the Resolution of Intent
to close a portion of Peachtree Avenue in Winter Park Gardens and hold the public
hearing on March 19, 1979. Upon vote, the motion carried unanimously.
A copy of the Resolution is contained in Exhibit Book VI, Page 62.
BREAK
Chm. Williams recessed the meeting for a break from 10:35 o'clock a. m. until
10:47 o'clock a. 'm.
PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS PERTAINING TO PRIVATE STREETS
Mr. . Charles Lilley of the Planning Department reported that 'the staff had met with
a committee of developers, surveyors and realtors to discuss amendments to 'the Subdivision
Regulations pertaining to private streets. Mr. Lilley stated that the staff and the
committee could not come to an agreement; therefore, the Commissioners had been furnished 0
copies of the staff proposal and the committee's proposal. ,
County Engineer Robert M. Williams, Jr. commerited on the two proposals.
Comm. Gottovi commented and presented photographs of several private streets in the
area. She stated that she was in favor of Proposal "A" which was the Staff proposal.
The following persons commented:
Mr. John Maye
Mr. Jack Stocks, surveyor
Mr. Bill Farriss, Planning Director
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349
MINUTES OF REGULAR MEETING, FEBRUARY 5,' 1979 (CONTINUED)
PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS '(CONTINUED)
Comm. Gottovi moved that the Board adopt Exhibit "A" whichwoula allow for
private streets but would insure that the maintenance of those streets would be ,a
minimum problem to the people who buy along them and it would also give the County
Engineer the right to inspect the streets and some oversight in the construction
process which would not be possible under Exhibit "B".
Chm. Williams and Comm. O'Shields offered comments.
Comm. O'Shields seconded Comm. Gottovi's motion.
The following persons offered further comments:
Attorney David Barefoot
Mr. Howard Loughlin, Surveyor
County Attorney James C. Fox
Chm. Williams moved, seconded by Comm. Wright, to table ,discussion on these
amendments "until the next meeting. Upon'vote, the motion was defeated as follows:
Voting Aye: Comm. Wright and Chm. Williams
Voting Noe: Comm. Armistead, Gottovi and O'Shields
After further discussion, Comm. Wright moved, seconded by Comm. Armistead, to
table action on the proposed amendments until the next meeting. Upon vote, the
motion carried as follows:
Voting Aye: Comm. Armistead, Gottovi, Wright and Chm. Williams
Voting Noe: Comm. 0' Shields
FINAL PLAT APPROVAL - WALNUT HILLS SUBDIVISION, SECTION 4
The final plat of Walnut Hills Subdivision, Section 4, was submitted for approval
at the meeting on January 15 and resulted in a tie vote. The Board had been furnished
copies of the master plan of this sUbdivision since,the plat was last considered, and
Mr. Harry Oakes of the Planning Staff reported that the Subdivision Regulations had
been complied with.
Comm. Wright moved, seconded by Comm. O'Shields, to approve the final plat of'
Walnut HillS, Section 4. Upon vote, the motion carried unanimously.
APPROVAL 'OF REVENUE BOND FUNDING FOR NATIONAL SERVICES INDUSTRIES,
Mr. Seymour Alper, Chairman of the New Hanover County Industrial Facilities and
Pollution Control Financing Authority, appeared before the Board and advised the Board
of the Authority's adoption of a resolution expressing its intention, to issue revenue
bonds and authorizing ,the execution and delivery of an inducement agreement pertaining
to the financing of an industrial project for National Service Industries, Inc. The
representative delivered copies of the resolutions and the inducement agreement, to' the
Board. A discussion of the project took place.
Comm. Claud O'Shields, Jr. introduced the following resolution which 'was read at
length:
WHEREAS, the Board of County oommdssioners has created a political subdivision and
body corporate and politic of the State of North Carolina known as "The New Hanover
County Industrial Facilities and Pollution Control Financing Authority" (the "Authority"),
and
WHEREAS, the Authority is authorized "under the Industrial and Pollution Control
Facilities Financing Act, Chapter 159C of the General Statutes of North Carolina (the
"Actll), to issue all or any part of the cost of any industrial project for industry;
to acquire, construct, improve and equip any such project, and to make and execute
lease agreements, security documents and other contracts and instruments necessary or
convenient in the exercise of -such powers; and
WHEREAS, the Authority has determined to issue its revenue bonds to pay all or a
portion of the costs of acquisition of existing industrial facilities in Wilmington,
the renovation thereof for use as a distribution center and construction of incidental
office facilities (the "project") and to lease the Project to National Service Industries,
Inc.; and
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
REVENUE BONDS (CONTINUED)
WHEREAS, the Authority intends to file an application for approval of the Project
with the Secretary o'f the Department of Commerce (the "Department"), as required by the
Act; and
WHEREAS, the Department has, by regulation, provided that no' application for
approval of a project will be officially received until the governing body of the county
from which the application is made has, by resolution, approved in principle the proposed
project and a certified copy of such resolution has been provided to the Department; and
WHEREAS, the Board of County Commissioners desires to approve the Project in
principle:
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NOW, THEREFORE,
BE IT RESOLVED by the Boam of County Commissioners of the County of New Hanover,
as follows:
(1) The Project is hereby approved in principle.
(2) The Clerk of the Board of Commissioners is hereby authorized and directed
to provide a certified copy of this resolution to the Department.
(3) This resolution shall take effect "immediately upon 1ts passage.
Commissioner Claud O'Shields, Jr. moved the passage of the foregoing resolution
and Commissioner Howard L. Armistead, Jr. seconded the motion, and the resolution was
passed by the following vote:
Ayes: Comm. Armistead, Gottovi, 0' Shields, Wright and Chm. Williams
Nays: None
APPROVAL OF AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM
Mr. Mel Martin, Area Director of the Southeastern Mental Health Center, Mr. Jim
Clark, Director of the Employee Assistance Program, and Mr. John Webb appeared before
the Board to explain the Employee Assistance Program. The Commissioners had been fur-
nished copies of the proposed agreement between the County and the Mental Health Center 0
for the Employee Assistance Program.
Comm. Wright moved, seconded by Comm. o 'Shields, to approve the program, including
the $2 charge per employee, and adjourn for lunch. Upon vote, the motion carried
unanimously.
LUNCH BREAK
Chm. Williams recessed the meeting for lunch from 12:45 o'clock p. m. until 1:45
o'clock p. m.
REQUEST FOR COUNTY COMMISSIONERS TO DETERMINE MINIMUM TAX BILL
Chm. Williams explained and requested the Board to consider changing their earlier
action with respect to "charging off" insignificant tax bills and request the General
Assembly to permit Counties to charge a minimum amount on tax bills.
Comm. Wright moved, seconded by Comm. O'Shields, to leave the matter as it is. Upon
vote, the motion carried as follows:
Voting Aye: Comm. Armistead, Gottovi, O'Shields and Wright
Voting Noe: Comm. Williams
ADOPTION OF PRIVILEGE LICENSE TAX ORDINANCE
County Manager Eller explained that the County had been levying and collecting privi- 0
lege License Taxes pursuant to a State Statute, but an Ordinance levying the taxes had
never been adopted. The Commissioners had been furnished copies of a proposed Ordinance
and the County Manager and Tax Adminsitrator'recommended it be adopted.
County Attorney Fox commented.
Comm. Gottovi moved, seconded by Comm. O'Shields, adoption of the ordinance entitled
"New Hanover County Ordinance Imposing Connty Privilege License Taxes". Upon Vote, the
motion carried unanimously.
A copy of the Ordinance is contained in Exhibit Book VI, Page 63, and in the Ordinance
Book in the Clerk's Office.
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351
MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
DISPOSAL OF TWO SURPLUS,FIRE TRUCKS
Comm. Wright moved, seconded by Comm.' Gottovi, that, the two '1942 model fire
trucks which were left at the Ai'rport when the facility was deeded to the count~
be awarded to the South Wilmington Volunteer Fire Department as recommended. up:on
vote, the motion carried unanimously.
DISCUSSION ON RECLASSIFICATION OF POSITION IN TAX DEPARTMENT
County Manager Eller explained that the Tax Administrator had furnished a job
description for the position of Assistant Collector of Revenue and requested the
Commissioners approve this position.
It was agreed to take no action at this time so the County Manager could obtain
more information on this request.
DESIGNATION OF SERVICES FOR THE AGING AS LOCAL FOCAL POINT ON AGING
Comm. Gottovi moved, seconded by Comm. Armistead, to designate the wilmington/
New Hanover Services for the Aging as the local focal point on aging. Upon vote, the
motion carried unanimously.
ADOPTION OF PROGRESS REPORT OF AFFIRMATIVE ACTION PLAN
The Commissioners had been furnished copies of the Report on the Progress of, the
Equal Employment Opportunity/Affirmative Action Program which had been prepared by
the Personnel Office. County Manager Eller explained the report and recommended it be
adopted.
Comm. Armistead moved, seconded by Comm. Gottovi, to adopt
of the Equal Employment Opportunity/Affirmative Action Program.
carried as follows:
the Report on the Progress
Upon vote, the motion
Voting Aye: Comm. Armistead, Gottovi, O'Shields and Chm. Williams
Voting Noe: Comm. Wright
JOB RECLASSIFICATIONS - HEALTH DEPARTMENT
County Manager Eller and Personnel Intern Dan McCarthy explained that two positions
in the Health Department needed to be reclassified in order to maintain the difference
between certain ranges.
Comm. Gottovi moved, seconded by Comm. O'Shields, to change the salary grade from
56 to 57 for Practical Nurse I and from 53 to 54 for the Personal Care Aide II in the
Health Department. Upon vote, the motion carried unanimously.
REPEAL OF LOCAL WILDLIFE LAWS
The N. C. Conservation Law Study Committee had completed a proposed reV1Slon of
the State's game laws and recommended the repeal of many local wildlife laws. The Com-
missioners had been furnished copies .of a list of local laws and were requested to
determine which ones should continue in force.
Comm. Armistead, to approve the recommendation
Upon vote, the motion carried unanimously.
of
Comm. O'Shields moved, seconded by
the Conser~ation Law Study Committee.
AMENDMENT TO cAMBULANCE ORDINANCE
Comm. Wright moved, seconded by Comm. Gottovi, to amend the Ambulance Ordinance as
requested and upon vote, the following Amendment to the New Hanover County 'Ambulance
Ordinance was unanimous1y adopted:
IT IS HEREBY ORDAINED that the New Hanover County Ambulance Ordinance adooted
January 16, 1979, by the New Hanover County Board of Commissioners be and the same is
hereby amended as follows:
I. Section 10. Insurance, 10.1, subparagraphs (al and (b) are deleted in their
entirety and the following language substituted therefor:
"(al In the sum of $100,000 for injury to or death of anyone
person arising out 'of one accident resulting from any cause 'for which
the owner of said'vehicle would be liable on account of liability im-
posed on him by law, regardless of whether the ambulance.was being driven
by the owner or his agent1 and
"(b) In the sum of $300,000 for injury to or death of all persons
arising out of one accident resulting from any cause for which the Owner
of said vehicle would be liable on account of liability imposed on him
by law, regardless of whether the ambulance was being driven by the owner
or his agent;and
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
AMENDMENT TO AMBULANCE ORDINANCE (CONTINUED)
"'(C) In the sum of $50,000 for the loss of or damage to the property of"
another, including personal property, under like circumstances, or in sums
as may be required by the State or as approved by New Hanover County."
II. Section 16.2 is changed to read as follows:
"The effective date of said ordinance is changed to May 1, 1979."
This 5th day of February, 1979.
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BUDGET TRANSFER FOR EMS COMMUNICATIONS IN SHERIFF' S DEPARTMENT
Comm. Wright moved, sec""ded by Comm. Armistead, to transfer $5,'100 from Contingen-
cies, Acct. #11 445 61, to Equipment, Acct. #11 510 74, in the Sheriff's budget to modify
the Sheriff's communications system to allow direct communication with the emergency
medical service providers. Upon vote, the motion carried unanimously.
"LETTER,OF.ENDORSEMENT FOR CASTLE HAYNE POST OFFICE
Comm. Gottovi moved, seconded by Comm. Wright, to authorize the Chairman to write a
letter endorsing the need for a new Post Office for the people in the Castle Hayne area.
Upon vote, the motion carried unanilOOusly"
CHANGE ORDER - ADAP-04 PAVING & LIGHTING CONTRACT
Comm. Gottovi moved, seconded by Comm. Wright, approval of the following budget
amendment to cover the final change orders for the paving and lighting contract on
Taxiway IIA" at the Airport.
Debit
Credit
- Acct.
- Acct.
Acct.
#83
#83
#83
575
575
575
76,
70,
71,
Contingency (Project)
Paving Contract
Lighting Contract
& Administration
$8,398.14
$7,964.69
433.45
$8,398.14
upon vote, the motion carried unanimously.
CHANGE ORDERs "- HOSPITAL EXPANSION PROJECT 0
Comm. Armistead moved, seconded'by Comm. Wright, to approve the following budget
amendments to cover" change orders to the Electrical Contract in the Hospital Expansion
Project:
Debit - Acct. #78 575 76, Contingencies (Project)
Credit - Acct. #78 575 73, Electrical Contract
$19;403
$19,403
and the following budget amendments to cover change orders for the general contract and
plumbing contracts:
Debit
Credit
- Acct.
- Acct.
Acct.
#78
#78
#78
575
575
575
76,
70,
71,
Contingencies (Project)
General Contract
Plumbing Contract
$ 9,200
$ 3,448
5,752
Upon vote, the motion carried unanimously.
TRANSFER OF FUNDS - HEALTH DEPARTMENT
Comm. Wright moved, seconded by Comm. Armistead, approval of the transfer of $1,000
from Professional Services, Acct. #44 596 04, to Maintenance & Repair - Equipment,
Acct. #44 596 16, in the Health Department budget to cover repairs to the XRF machines
used in the Lead Program. Upon vote, the motion carried unanimously.
REPORT ON GOVERNOR' S ENERGY AWARENESS CONFERENCE
Comm. Wright reported that Mr. Andrew H. Harriss, Jr. wanted the record to show that 0
he had attended the Governor's Energy Awareness Conference as authorized by the Board
and that packets of material from the conference were distributed to each of the Commis-
sioners and that most of the Commissioners had been briefed individually on what was dis-
cussed at the seminar.
Comm. Gottovi advised the Board that she had attended a briefing by Mr. Harriss and
had distributed the 'materials from the Governor's Energy Awareness Conference.
Comm. Armistead advised that he had been briefed by Mr. Harriss personally.
It was agreed that,the Chairman should write Mr. Harriss a letter thanking him for
his efforts.
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
BUDGET TRANSFER - CIVIL PREPAREDNESS
Comm. Wright moved, seconded by Comm" Gottovi, to approve the transfer of $380
from contingencies, Acct. #11 445 61, to Contracted Services, Acct. #11 525 45, in the
Civil Preparedness budget to provide funds for janitorial service through the end of
the fiscal year. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - TAX OFFICE
Comm. Wright moved, seconded by Comm. O'Shields, to approve the transfer of $1,500
from Contracted Services, Acct. #11 450 45, to Travel, Meetings & Schools, Acct. #11 450 14
to cover the travel expenses of the Tax Administrator and one of his employees to review
computer operations in other locations. Upon vote, the motion carried unanimously.
BUDGET TRANSFERS - FINANCE OFFICE, BUILDINGS & GROUNDS AND ENGINEERING
Comm. O'Shields moved, seconded by Comm. Armistead, to"approve the following budget
transfers:
1) Due to unanticipated costs in travel, the following 'transfer in the'
Finance Office Budget to complete" this fiscal year:
Debit - Acct. #11 440 04, Professional Services
- Acct. #11 440 27, Advertising
Credit - Acct. #11 440 14, Travel, Meetings & Schools
$ 385
150
$ 535
2) Transfer $200 from Automotive Supplies, Acct. #11 535 31, to Copying and
Duplicating, Acct. #11 535 32, in the Buildings "& Grounds Budget to cover
copying costs through the end of this fiscal year.
3) Transfer $1,200 from Acct. #11 540 10, Auto Allowance, to Acct. #11 540 32,
Copying & Duplicating in the Erigineering Budget to cover the lease on the
Xerox machine through June of 1979.
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - HOSPITAL BILLS FOR JAIL DETAINEES
Comm. O'Shields moved, seconded by Comm. Armistead, 1:? 'approve the transfer of
$5,000 from Salaries & Wages, Acct. #11 520 02,' to Professional Services, Acct. #11 520 04,
in the Sheriff's Department budget to cover the cost of hospital bills incurred by jail
detainees. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - ADMINISTRATION
Comm. O'Shields moved, seconded by Comm. Wright, to approve the transfer of $500
from Contingencies, Acct. #11 445 61, to Travel, Meetings & Schools, Acct. #11 520 14,
in the Administration Budget to reimburse the Personnel'Officer for educational
expenses incurred last semester. Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - ADAP-05
Comm. Armistead moved, seconded by Comm. Gottovi, to approve the following budget
amendment to add a new line item to the ADAP-05 VASI Capital Improvement Program at
the Airport to cover the cost of underground cables to the VASI installation:
Debit - Acct. #84579,76, Contingencies (Project) $945
Credit - Acct. #84 579 57, Miscellaneous $945
Upon vote, the motion carried unanimously.
LEGAL DEFENSE FOR COUNTY EMPLOYEES
Comm. Armistead explained that he had requested that some policy be established
on legal defense for County employees.
County Attorney Fox explained that-his firm would not undertake any legal defense
on behalf of the County without proper authorization from the Commissioners.
Comm. Armistead moved, seconded by Comm. Williams, that legal defense would be
provided for County employees after approval of the County Commissioners on a case by case
basis. Upon vote, the motion carried unanimously.
354
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MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
SUPPORT OF BILLS PENDING IN THE LEGISLATURE
Comm. Wright reported that there were several bills pending in the General Assembly
that she felt the Board should write the County's representatives requesting their
support.
Comm. Wright moved, seconded by'Comm. Armistead, to write our Legislators sup-
porting House Bill 256 - State Funding for Mandated Local Programs. Upon vote, the
motion carried unanimously.
It was agreed to write a letter requesting the following:
More information and a copy of Senate Bill 70. 0
Opposition to House Bill 22 - Increase Homestead Property Tax Exemption for
Elderly and Disabled
Support of House Bill 73 - Tax Exemptions for Persons 75 or older provided that
there was a need qualification requirement added to the bill, as there were some persons
75 or. older who could well afford to pay taxes.
Opposition to House Bill 232 and Senate Bill 178 - Circuit Breaker for Property
Taxes. The Commissioners wanted to advise our Legislators that they were in favor of
an increase in homestead exemption for the elderly but not have it tied in with income
tax credit, etc.
Support of Senate Bill 166 - All Felons Committed to Department of Correction.
DISCUSSION ON RESOLUTION ASKING RETROACTIVE ENROLLMENT IN FIREMEN'S PENSION FUNDS
County Manager Eller presented the Commissioners with copies of a Resolution adopted
by the Columbus COunty Commissioners and stated that they were requesting 'that other
Boards adopt a similar resolution requestirig local legislation which would allow the
N. C. Firemen's Pension Fund doors be open to retroactive membership.
Comm.
endorsed.
Gottovi moved, seconded by Comm. Armistead, that this Resolution not be
Upon vote, the motion carried unanimously.
DISCUSSION ON ACT TO AMEND SCHOOL PENSION FUND
County Manager Eller presented the Commissioners with copies of a Bill to be entitled
An Act to Amend Chapter 385 of the Public Local Laws of 1921, As Amended, Relating to
Pensions for School Teachers of New Hanover County.
o
It was agreed to take 'this matter up at" the next meeting when representatives from
the Board of education could be present to explain the Bill.
SUPPORT OF 1202 EMS PLAN
Mr. Jerry Ramsey, Acting Director of the Cape Fear Council of Governments, appeared
before the Board to explain the request for support of the 1202 EMS Plan. '"The Commis-
sioners had been requested to draft a letter of support for the Plan "and to identify the
Pee Dee Council of Governments as the planning agency.
Comm. Wright moved not to support this request.
The motion died for lack of a second.
Comm. Gottovi moved, seconded by Chm. Williams,
the 1202 EMS Plan effort and let the Pee Dee Council
Upon vote, the motion carried as follows:
to write a letter of support for
of Governments do the planning.
Voting Aye: "Comm. Gottovi, O'Shields, Wright and Chm. Williams
Voting Noe: Comm. Armistead
BUDGET AMENDMENT - ANTI-RECESSIONARY FISCAL ASSISTANCE FUNDS
FinancecOfficer Felix Cooper explained that more funds were budgeted for the Anti-
Recessionary Fiscal Assistance program than the County would receive. He stated that
there would be a shortage of approximately $216,346, but that revenues were underbudgeted
for interest received on the Law Enforcement Center Funds.
o
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the transfer of $100,000
from over-received interest on investmerits in the Law Enforcement Center 'fund to the
Public Assistance Fund to cover the shortage in the Anti-Recessionary Fiscal Assistance
Funds. Upon vote, the motion carried unanimOusly.
EXECUTIVE SESSION
Comm. Gottovi moved, seconded by Comm. O'Shields, that the meeting be recessed to
Executive Session to discuss personnel matters, land acquisition and litigation. Upon
vote, the motion carried unanimously.
Chm. Williams recessed the meeting to Executive Session at 3:28 o'clock p. m.
Chm. Williams reconvened the meeting to Public Session at 4:16 o'clock p. m.
~5:;
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355
MINUTES OF REGULAR MEETING, FEBRUARY 5, 1979 (CONTINUED)
ADJOURNMENT:'
Comm. Gottovimoved, 'Seconded by, etun!_ Williams, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Williams adjourned the meeting at 4:16 o'clock p. m.
Respectfully submitted,
~A.I<~
Alyce B. Rusmisell
Clerk to the Board
abr
MINUTES OF SPECIAL MEETING, FEBRUARY 13, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Tuesday,
February 13, 1979, at 8:00 o'clock a. m. with members of the Wilmington City Council
in Council Chambers, City Hall, Wilmington, North Carolina.
Members present were Commissioners, Howard L. Armistead, Jr.; Karen E. Gottovi;
Claud O'Shields, Jr.; Vivian S.--Wright; Chairman Ellen C. Williams; County Manager
Dan W. Eller; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell.
No members were absent.
City Council members present were Councilwoman Margaret F. Fonvielle, Councilmen
Rupert Bryan, Joseph Dunn; Luther Jordan; Ralph Roper; Joe Schwartz; and Mayor B. B.
Halterman
Mayor Halterman called the meeting to order and stated the purpose of the joint
meeting was to accept the report from the Committee studying District Representation.
Rev. Ivan Adams of the United Advent Christian Church offered the invocation.
PRESENTATION OF REPORT
Councilwoman Margaret Fonvielle, Chairman of the Committee Studying 'District
Representation, presented the report to the Boards and thanked the members of the
Committee which consisted of the following persons, three of whom were appointed by
Wilmington City Council and two appointed by the New Hanover County Commissioners:,
Comm. George E. Alper
Comm. Karen E. Gottovi
Councilwoman Margaret F. Fonvielle
Councilman Joseph Dunn
Councilman Ralph Roper
Councilwoman Fonvielle read the following recommendations submitted by the
Committee:
1. That the City of Wilmington retain the current at-large method of
election.
2. That New Hanover County adopt County Option D, whereby each candidate
shall reside in a 'district but shall be elected by all the eligible
voters of the County.
3. That the New Hanover County Commission be increased. to seven members,
with the County divided into seven districts. Each Commissioner
shall reside in one of these districts and elected by all eligible-
voters of the County.
4. That the terms of office of Commissioner continue to be four years,
'with four members elected one year and three the next.
5. That the City of Wilmington be districted for the purpose of electing
County Commissioners and be represented in proportion to its percentage
of the County population.
6. That this method of electing County Commissioners go into effect in
1982.
7. That the City Council and County,Commission jointly hold a public
hearing on these recommendations.
The following Committee members commented:
Comm. Karen E. Gottovi
Councilman Ralph Roper
Councilman Joseph Dunn