1979-03-19 Regular Meeting
370 ,
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MINUTES OF REGULAR MEETING, MARCH 19, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 19, 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. 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.
Chm. Williams called the meeting to order.
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Rev. Harold Crocker of the Ogden Community Advent Christian Church offered the
invocation.
APPROVAL OF MINUTES: REGULAR MEETING, MARCH 5, 1979
Upon motion by Comm. Armistead, seconded by Comm. Gottovi, the Minutes of the Regular
Meeting of March 5, 1979, were unanimously approved as :presented.
PROPOSED'BILL CLARIFYING PROPERrY TAX EXEMPTIONS
Sen. B. D. Schwartz and Representatives Tom Rhodes and Gene Merritt had been in-
vited to the meeting to discuss possible legislation to clarify requests for property
tax exemption on goods stored ,at the State Ports.
Sen. Schwartz presented a proposed bill to be submitted to the Legislature which
would clarify the tax laws pertaining to exemption from property taxes on goods stored
at the State Ports.
The following persons commented on the proposed bill:
Tax Administrator Larry Powell
Representative Merritt
Representative Rhodes
Comm. O'Shields moved, seconded by Comm. Armistead, to request the State Legislators 0
to introduce the proposed Act to Amend the Machinery Act. Upon vote, the motion carried
unanimously.
A copy of the proposed bill is contained in Exhibit Book VI, Page 68.
REQUEST FOR TAX REFUND AND EXEMPTION ~ TRANSNITRO, INC.
Mr. Jim Greaves, Director of Taxes for Transnitro, Inc., appeared before the Board
to request a refund of taxes paid by that company for 1974 through 1976 and that they be
granted an exemption for 1977 and 1978 taxes under G. S. 105-275.
The County Attorney and members of the Board commented on this request.
Comm. O'Shields moved, seconded by Comm. Gottovi, to grant 'the exemptions for 1977
and 1978 as allowed for discovered property. Upon vote, the motion carried unanimously.
Comm. O'Shields moved, seconded by Comm. Gottovi, that the refunds requested for
1974 through 1976 not be granted. Upon vote, the motion carried unanimously.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED AT 6005 OLEANDER DRIVE
(NORTHEAST CORNER OF OLEANDER DRIVE AND GILES AVENUE) FROM R-15 (RESIDENTIAL DISTRICT)
TO B-2 (HIGHWAY BUSINESS DISTRICT)
This public hearing had been continued from the meeting of March 5, at the request
from the attorney for the petitioner.
Mr. Charles Lilley of the Planning Department reported that this rezoning was con- 0
sidered at the Planning Commission meeting of February 7 and approved. The Planning
Staff had recommended denial.
Chm. Williams asked if, there was anyone present to speak--i!1-favor'i and Mr. Alton
Lennon, Attorney for the petitioner, appeared to request approval.
Chm. Williams asked if there was anyone present to speak against the request, and
no one appeared.
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371
MINUTES OF REGULAR MEETING, MARCH 19, 1979 (CONTINUED)
PUBLIC HEARING - REZONING OLEANDER DRIVE AND GILES AVENUE (CONTINUED)
Comm. O'Shields moved, seconded by Co~. Wright, to approve the request and adopt
the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning
Map of Zoning Area #6 of New Hanover County, North Carolina, Adopted August 18, 1971".
Upon vote,. the motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, O'Shields, Wright and "i.Chm. Williams
Comm. Gottovi (See Page 376 for clarification of vote.)
A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance
Book I, Section 6, Page 16.
PUBLIC HEARING ,TO CONSIDER CLOSING A PORTION OF PEACHTREE AVENUE
Mr. Charles Lilley of the Planning Department reported that the Notice of Intent
to close a portion of Peachtree Avenue in Winter Park Gardens had been published once
a week for four successive weeks pursuant to G. S. 153A-241 and no objections had been
received. Mr. Lilley requested that the street be closed subject to the execution of
an Easement by the Board of Educat10n and the City of Wilmington since there was a
water main within the right-of-way servicing the school.
Chm. williams asked if there was anyone present to speak in opposition and no
one appeared.
Comm. O'Shields moved, seconded by Comm. Armistead, to, adopt the Order closing
a portion of Peachtree Avenue in winter Park Gardens subject to the execution of the
easements by the Board of Education and the City of 'Wilmington. Upon vote, the motion
carried unanimously.
A copy of the Order is contained in Exhibit Book VI, Page 69.
FINAL PLAT APPROVAL - WATERFORD SUBDIVISION, REVISION OF SECTION 4
Mr. Harry E. Oakes of the Planning Department reported that this revision of
Section 4 of Waterford Subdivision had been approved by the Planning Commission Sub-
division Review Committee on February 26, 1979, and that the County had 2 letters of
Credit to insure that improvements would be made in the entire subdivision.
Comm. Armistead moved, seconded by Comm. Wright, to approve the final plat of
the revision of Section 4 of Waterford Subdivision. Upon vote, the motion carried
unanimously.
FINAL PLAT APPROVAL - BRADLEY PINES SUBDIVISION
Mr. Harry E. Oakes of the Planning Department reported ,that the final plat of
Bradley Pines Subdivision had been approved by the Planning Commission Subdivision
Review Committee on February 26, 1979.
Chm. Williams asked if there was anyone present to speak for or against this plat
approval and no one appeared.
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the final plat of
Bradley Pines Subdivision. Upon vote, the motion carried unanimously.
BREAK
Chm. Williams .recessed the meeting for a break from 10:15 o'clock a. m. until
10:35 o'clock a. m.
REQUEST FOR ENDORSEMENT OF DETOXIFICATION FACILITY
Mr. John Webb, Alcoholism Counselor for the Southeastern Mental Health Center,
and Dr. Rolf Fisscher, appeared before the Board on behalf of the Committee for Alterna-
tives to Incarceration of Alcoholics to request endorsement of a Social Setting Detoxi-
fication Facility for our community. On October 1, 1978, House Bill 802 which
decriminalized public drukenness became effective.
Comm. O'Shields moved to endorse this concept and ask the Committee to proceed
with it.
The following persons requested endorsement of a detoxification facility:
Sheriff T. A. Radewicz
Rev. J. A. Humphrey of Mt. Olive AME Church
Comm. Armistead seconded Comm. O'Shields' motion and upon vote, the motion carried
unanimusly.
372
MINUTES OF REGULAR MEETING, MARCH 19, 1979 (CONTINUED)
DETOXIFICATION FACILITY (CONTINUED)
Comm. O'Shields suggested that, as the Committee pursued the funding, they let the
people on the State level know ,that this was a State mandated program and the State
should provide funds.
Comm. O'Shields moved, seconded ,by Comm. Gottovi, that the Board write a letter to
the NCACC endorsing the Park Helms bill and that those funds be passed on down to the
counties to provide the service since the State Hospitals would no longer be doing it.
Upon vote, the motion carried unanimously.
REQUEST FOR ASSISTANCE IN WORK ASSIGNMENT REHABILITATION PROGRAM 0
GilbertH. Burnett, Chief District Court Judge, appeared before the Board to request
assistance in resolving some problems in implementing the 5th Judicial District's Work
Assignment Rehabilitation Program.
The Commissioners offered comments on methods of handling this program.
Comm. O'Shields moved, seconded by Comm. Armistead, to make $1500 available for this
program for the current fiscal year contingent upon a program being worked up. Upon
vote, the motion carried unanimously.
REQUEST FOR SICK LEAVE PAY - FRED PICKLER
Mr. Fred Pickler appeared before the Board to discuss his request for sick leave
pay while an employee of the New Hanover County Sheriff's Department.
Comm. O'Shields questioned whether or not the Commission had the right to consider
this request since the Sheriff was an elected official.
County Attorney Fox commented on the legal ramifications involved.
EXECUTIVE SESSION
Chm. Williams moved, seconded by comm. Wright, that the meeting be recessed to
Executive Session to discuss personnel matters. Upon vote, the motion carried as
follows :
Voting Aye: Comm. Armistead, Wright and Chm. Williams.
(See Page 376 for "noe" vote.) ,
Chm. Williams recessed the meeting to Executive Session at 11:56 o'clock a. m.
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Chm. Williams reconvened the meeting to Public Session at 12:24 o'clock p. m:
REQUEST FOR SICK LEAVE PAY (CONTINUED)
Comm. O'Shields moved, seconded by
quest on advice of the County Attorney.
Comm. Armistead, to take no action on this re-
Upon vote, the motion carried unanimously.
RENEGOTIATED AIRLINE RENTALS AND LANDING FEES
Airport Manager R. C. Shackelford appeared before the Board to explain increased
rates and fees which had been recommended by the Airport COmmission. ,The Commissioners
had been furnished copies of the-proposed rates which had been agreed to by Piedmont
Airlines and the Airport Manager.
Camm. Williams moved, seconded by Camm. O.Shields, to approve the renegotiated
rentals and landing fe'es as recommended. Upon vote, the motion carried unanimously.
A copy of the schedule is contained in Exhibit Book VI, Page 70.
BUDGET AMENDMENTS - ADAP-05 AND ADAP-04
Comm. O'Shields moved, seconded by Comm. Armistead, approval
amendments in the ADAP-05 and ADAP-04 projects at the Airport:
of the following budget
Debit - Acct. #84 575 76, Contingencies (Project)
Credit - Acct. ,#84 575 56, Construction Testing
$ 1,555
$ 1,555
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to cover final invoices from Soil & Material Engineers, Inc. and
Debit - Acct. #83 575 76, Contingencies (Project) & Administration $ 3,924.50
Credit - Acct. #83 575 55, Resident Engineering $ ,698.00
Acct. #83 575 74, Basic Engineering 3,226.00
Acct. #83 575 71, Lighting Contract- .50
to make adjustments to the engineering contract for changes in the original ADAP-04
contract.
Upon vo~e, the motion carried unanimouSly.
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373
MINUTES OF REGULAR MEETING, MARCH 19, 1979 (CONTINUED)
BUDGET AMENDMENT - ADAP-05
Airport' Manage~ R. C. Shackelford explained the necessity for, having obstruction
lighting placed on a chain link security fence between the air carrier apron and the
general aviation apron.
Comm. Armistead moved, seconded by Comm. O'Shields, approval of the transfer of
$800 from Contingencies, Acct. #84 575 76, to Lighting Contract, Acct. #84 575 71, to
provide funds for the obstruction lighting. Upon vote, the motion carried unanimously.
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REQUEST FOR RENTAL OF MUSEUM PARKING LOT
Mr. Wendell Hicks and Mr. Wall, representing the Community Involvement for Youth,
requested permission for that group to use the Museum Parking lot to rent parking spaces
during the Azalea Festival parade.
Comm. Armistead moved, seconded by Comm. Gottovi, to approve the request with the
understanding that they would consult with the Museum Director on their plans. Upon
vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, Gottovi, 0' Shields and Chm. Williams
Comm. Wright
LUNCH BREAK
Chm. Williams recessed the meeting for lunch from 12:45 o'clock p. m. until
1:30 o'clock p. m.
TRANSFER FROM PUBLIC SCHOOL CAPITAL RESERVE FUND
Dr. Heyward Bellamy, Superintendent of Schools, appeared before the Board to
request that $46,920 be transferred from the Capital Reserve Fund to repair the roof
of the old ROTC Building at New Hanover High School.
Comm. Wright moved, seconded by Comm. O'Shields, to approve the transfer as re-
quested and authorize the County Manager to transfer up to that amount ,into the appro-
priate accounts. Upon vote, the motion carried unanimously.
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APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH FEBRUARY 28, 1979 '
Upon motion by Comm. wright, seconded by Comm. Gottovi, the Report of the
Collector of Revenue through February 28, 1979, was unanimously approved as presented.
A copy of the Report is contained in Exhibit Book VI, Page 71.
APPROVAL OF ABATEMENTS AND REFUNDS
Comm. O'Shields moved, seconded by Comm. Gottovi, approval of the list of tax
abatements and refunds with Comm. Armistead being allowed to abstain from voting since
his name was included in the list. Upon vote, the motion carried as 'follows:
Voting Aye:
Abstaining:
Comm. Gottovi, 0' Shields, Wright and Chm. Williams
Comm. Armistead
A copy of the list is contained in Exhibit Book VI, Page 72.
DATE FOR 1979 BOARD OF EQUALIZATION AND REVIEW
Comm. O'Shields moved, seconded by Comm. Gottovi, to meet as the Board of Equali-
zation and Review on April 23, 1979, at 8:30 o'clock a. m. 'Upon vote, the motion
carried unanimously.
SALE OF CITY AND COUNTY OWNED PROPERTY
Comm. O'Shields moved, seconded by Comm. Armistead, to accept the bids and approve
the sale of City and County owned property as recommended below:
0 % 'SQ.FT.
MAP ADDRESS BIDDER TAX VAL. Bid TAX VAL. PRICE LIENS
48-17-12-19 221 N.7th St. Earl Williams $2,150 $ 645 .30 .18
54-'-05'-07-06 115 S.7th St. Raymond Konrady &
David Weber $5,940 $1,000 .168 .23
54-09-10-07 617 S.7th St. Martha B. Boone $1,590 $ 318 .20 .11 $32.94
54-13-05-11 Wright St. Lucille T. Hartley $ 640 $ 540 .84 .25
::54-13-41-06 South 7th St. Thomas H. Wright, Jr. $ 990 $ 700 .71 .11 $ 4.43
Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, MARCH 19, 1979 (CONTINUED)
BUDGET AMENDMENT - HOSPITAL EXPANSION PROJECT
Comm. O'Shields moved, seconded by Comm. Wright, to approve the following budget
amendment to cover change orders to contracts for the Hospital Expansion Project:
Debit
Credit
- Acct.
- Acct.
Acct.
Acct.
#78
#78
#78
#78
575
575
575
575
76, Contingencies (Project)
70, General Contract
71, Plumbing Contract
72,- Heating & A/C Contract
$7,206
$1,023
4,241
1,942
Upon vote, the motion carried unanimously.
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TRANSFER OF FUNDS - ELECTIONS
Comm. O'Shields moved, seconded by Comm. Gottovi, approval of the following budget
transfer in the Elections budget due to expenses that were higher than anticipated when
the budget was prepared:
Debit
Credit
- Acct.
- Acct.
Acct.
#11 430 04,
#11 430 11,
#11 430 45,
Professional Services
Postage
Contracted Services
$1,000
$ 500
500
Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - HEALTH DEPARTMENT
Comm. Gottovi moved, seconded by Comm. O'Shields, to approve the following budget
amendment for the additional County allocation for hospital delivery fees and that the
Director of Social Services be made aware of these funds:
Increase Rev. Acct. #44 368 11, Maternal & Child Health
Increase Exp. Acct. #44 591 04,' Professional Services
$3,500
$3,500
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - HEALTH DEPARTMENT
Comm. O'Shields moved, seconded by Comm. Gottovi, to approve the following budget
amendment in the Health Department to cover expenses for Physician Extenders that were 0
not anticipated at the time the budget was prepared:
Debit - Acct. #44 590 02, Salaries
Credit - Acct. #44 590 04, Professional Services
$6,000
$6,000
upon vote, the motion carried ,unanimously.
BUDGET TRANSFER - BUILDINGS & GROUNDS
Comm. Gottovi moved, seconded by Comm. Wright, to approve the following budget amend-
ment in the Buildings & Grounds Department to have 3 vehicles repaired and uniformly
painted:
Debit - Acct. #11 535 02, Salaries & Wages
Credit - Acct. #11 535 17, M & R - Autos & Trucks
$ 950
$ 950
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - HOSPITAL EXPANSION
Comm. Armistead moved, seconded by COIllD. Wright, to approve the following budget
amendment in the Hospital Expansion project to disburse payment to the Hospital for
interest earned on the $400,000 Certificate of Deposit being held in the Contingency
Account:
Debit - Acct. #78 329 00, Interest on Investments
Credit - Acct. #78 575 91, Payment to Hospital
$9,757.22
$9,757.22
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Upon vote, the motion carried unanimously.
CHANGE OF DATE FOR SECOND MEETING IN APRIL
Comm. Wright moved, seconded by Comm. O'Shields, to change the date for the second
meeting in April to Tuesday, April 17, as Monday was a County holiday. Upon vote,the
motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Gottovi, 0' Shields, Wright and Chm. Williams
Comm. Armistead
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375
MINUTES OF REGULAR MEETING, MARCH 19, 197'9 (CONTINUED)
DISCUSSION ON FLEMINGTON WATER SYSTEM GRANT
Comm. Gottovi requested information on the community Development
application for the community water system-for Flemington.
Block Grant
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County Manager Eller reported on the status of the grant application and stated
that the report he had received was not very optimistic.
Comm. Gottovi moved, seconded by Comm. O'Shields, to authorize the County Manager
to have a test performed on the water at Flemington by an 1ndependent laboratory. Upon
vote, the motion carried unanimously.
DISCUSSION ON HOUSE BILL 804 - COUNTY ROAD SERVICE DISTRICT
Comm. Gottovi asked the Board's opinion on House Bill #804 pertaining to County
Road Service Districts.
It was agreed to cal.l the N. C. Association of County Commissioners to get more
information on this bill.
DISCUSSION ON CETA
Comm. Gottovi reported that she had obtained some information on CETA at the NACo
meeting in Washington and that she would leave it with the County Manager if any of the
other Board members wished to look at it.
DISCUSSION ON LEAA FUNDS
Chm. Williams reported on ~iscussions ,she had attended at the NACo meeting concerning
the use of LEAA funds.
ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM
Comm. Gottovi moved, seconded by Comm. O'Shields, to'adopt the required Resolution
requesting the addition of the following roads to the State Secondary Road System and
ask the developers to put in the monuments required by the present Subdivision Regulations:
McDougald Drive
Samuel Cooper Dr.
Kirby Smith Dr.
Joe Wheeler Dr.
Cassidy Dr.
Upon vote, the motion carried unanimously.
A copy of the Resolution is on file in the Clerk's Office.
DISCUSSION ON PUBLIC OFFICIALS LIABILITY INSURANCE
County Manager Eller explained the increase in premiums for the Public Officials
Liability Insurance for the Board's information.
BUDGET TRANSFER - PUBLIC ASSISTANCE
County Manager Eller explained the Emergency Energy Assistance Program t~ be
operated by the Department of Social Services.
Comm. O'Shields moved, seconded by'Comm. Gottovi, approval of the following budget
amendment for the Emergency Energy Assistance Program:
Debit - Acct. #41 350 21, State Grants - Energy Assistance
Credit - Acct. #41 350 14, Emergency Energy Program
Acct. #41 350 15, Emergency Energy Administration
$6,_352
$5,717
635
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 land acquisition.and committee appointments.
Chm. Williams recessed the meeting to Executive Session at 2:22 o'clock p. m.
Chm. Williams reconvened the meeting to Public Session at 2:50 o'clock p. m.
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MINUTES OF REGULAR MEETING, MARCH 19,' 1979 (CONTINUED)
APPOINTMENTS TO COMMUNITY BASED ALTERNATIVES TASK FORCE AND ZONING BOARD OF ADJUSTMENTS
Comm. Gottovi moved, seconded by Comm. Armistead, the appointment of the following
persons to the Community Based Alternatives Task Force:
Mr. Eric 'Luttmer
Mrs. Raiford G. Trask, Jr.
Mr. Mel,Martin or his designee
Mr. Jim Blake
MS. Sheryn Green
Ms. Jane Robinette
Mr. Tom Fields
and the appointment of Ms. Lois Whitmeyer as an alternate member of the Zoning Board 0
of Adjustment. Upon vote, the motion carried unanimously.
ADJOURNMENT
Comm. Gottovi moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion ca~ried unanimously.
Chm. Williams adjourned the meeting at 3:00 o'clock p. m.
Respectfully submitted,
~.8. ,I?~1 ~ ..,:C~~
Alyce B. Rusmisell
Clerk to the Board
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MINUTES OF REGULAR MEETING, APRIL 2, 1979
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
April 2, 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. Gottovi, 0
Claud O'Shields, Jr.; Vivian_So 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.
Chm. Williams called the meeting to order.
Rev. Lonzie Benton of Gibson Avenue Baptist Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, MARCH 19, 1979
Comm. Wright pointed out that on Page 372 under "Executive Session" the "noe" vote
was not shown. Carom. Gottovi and Q'Shields requested that they be shown as voting "noe".
Comm. Gottovi stated that on Page 371 under "Public Hearing - Rezoning Oleander
Drive and Giles Avenue (Continued)" she would like to clarify her "noe" vote in that
she felt that a B-2 zone was too inclusive a zoning for that corner and B-1 would have
been sufficient.
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the Minutes of the
Regular Meeting of March 19, 1979, as corrected. Upon vote, the motion carried unanimously.
JUVENILE COURT REHABILITATION PROGRAM
At the meeting of March 19, the Commissioners agreed to make up to $1500 available for
implementation of the 5th Judicial District's Work Assignment Rehabilitation Program
contingent upon a program being worked up.
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Mr. william T. Childs, Chief Juvenile Court Counselor, appeared before the Board to
explain the proposed program.
Ms. Cheryl Dellinger of Offender Aid & Restoration commented and requested approval
of the proposed program.
Mr. Woodrow Fountain of Project "UP" explained his agency's offer of assistance in
the program.
Comm. Armistead moved, seconded by Comm. Wright, to approve the program as presented
and that the County Manager and Finance Officer work out the proper budget transfers.
Upon vote, the motion carried unanimously.