1979-04-02 Regular Meeting
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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.
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377
377
MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
FIREWORKS PERMIT FOR AZALEA FESTIVAL
Comm. Gottovi moved, seconded by Comm. Armistead, to authorize the Azalea Festival
Committee to have a fireworks display on April 5, 1979. Upon vote, the motion carried
unanimously.
CHANGE ORDERS AND BUDGET AMENDMENTS FOR LAW ENFORCEMENT CENTER
Comm. Gottovi moved, seconded by Comm. Wright, approval of the following change
orders and budget amendments in the Law Enforcement Center Project:
To install plaster frames for three Type A light fixtures in the "line-up" room.
Debit - Acct. #77 575 80, Contingencies (Project)
Credit - Acct. #77 575 72, Electrical Contract
$180.47
$180.47
To install a split heat pump system in the prisoners' holding ar~a in the
basement of the Courthouse.
Debit - Acct. #77 575 80, Contingencies (Project)
Credit - Acct. #77 575 73, Heating & Air Conditioning
$3,175
$3,175
Upon vote, the motion carried unanimously.
CHANGE ORDERS - HOSPITAL EXPANSION PROJECT
Comm. Armistead moved, seconded by Comm. Wright, to approve, the following budget
amendment to the Hospital Expansion Project to cover 8 change orders to the electrical
contract which increased the contract amount by $8,005.
Debit - Acct. #78 575 76, Contingencies (project)
Credit - Acct. #78 575 73, Electrical Contract
$8,005
$8,005
Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - HEALTH DEPARTMENT SCHOOL HEALTH FUNDS
Comm. Wright moved, seconded by Comm. O'Shields, to amend the Health Department
budget for additional school funds by appropriating $2,250 to the Revenue Acct. #44 361 13,
and to Expenditure Acct. #4459068.. Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - ADMINISTRATION BUILDING CAPITAL PROJECT
Comm. Gottovi moved, seconded by Comm. o 'Shields, to approve the following budget
amendment for the Administration Building Capital Project fund to record State and
County Sales Tax refund in order to cover the cost of audit fees and to adjust the
line item to cover the cost of the audit for the grant:
Debit - Acct. #81 335 00, Miscellaneous Revenue
Acct. #81 575 76, Contingencies (project)
Credit - Acct. #81 575 04, Professional Fees
$1,227.00
961. 56
$2,188.56
Upon vote, the motion carried unanimously.
BUDGET TRANSFER - TAX DEPARI'MENT
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the following budget
transfer in the Tax Department budget to cover unforeseen maintenance service required
on:old calculators and the burglar alarm system:
Debit - Acct. #11 450 70, Tax Foreclosure
Credit - Acct. #11 450 16, M & R - Equipment
$ 800
$ 800
Upon vote, the motion carried unanimously.
BUDGET TRANSFERS - GARAGE
Upon motion by Comm. Gottovi, seconded by Comm. Wright, the following budget
transfer was unanimously approved in the Garage budget to pay for installation of the
telephone system at the new County Garage:
Debit - Acct. #11 555 17, M & R - Autos & Trucks
Acct. #11 555 48, Purchase for Resale
Acct. #11 555 55, Purchase for Inventory
Credit - Acct. #11 555 11, Telephone & postage
$ 50.
100.
100.
$ 250.
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MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
BUDGET AMENDMENT - LAW ENFORCEMENT CENTER CAPITAL PROJECT
Upon motion by Comm. Armistead, seconded by Comm. O'Shields, the following budget
amendment 'was unanimously approved in the Law Enforcement Center Capital'Project to
pay the remaining architectural fees:
Debit - Acct. #77 575 80, Contingencies (Project)
Credit - Acct. #77 575 78, Architect & Engineering Fees
$10,000
$10,000
BUDGET AMENDMENT - SHERIFF'S DEPARTMENT
Upon motion by Comm. wright, seconded by Comm. Armistead, the following amendment to
the Sheriff's Department budget to reduce budgeted figures to actual expenses since the
ABC Law Enforcement Contract was no longer in effect was unanimously approved:
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Debit - Acct. #11 541 02, Salaries & Wages $15,934.85
Acct. #11 514 05, FICA 1,468.18
Acct. #11 514 06, Hospitalization 340.16
Acct. #11 514 07, Retirement 1,471.18
Acct. #11 514 14, Travel 320.00
ACCt. #11 514 16, M & R - Equipment 407.90
Acct. #11 514 17, M & R - Trucks 552.58
Acct. #11 514 31, Auto Expense 810.72
Acct. #11 514 33, Supplies & Materials 195.64
Acct. #11 514 36, Uniforms 600.00
Acct. #11 514 54, Insurance 968.00
Acct. #11 514 57, Miscellaneous 1,500.00
Acct. #11 514 74, Capital Outlay - Equipment .59
$24,016.90
Credit - Acct. #11 336 00, Assessments - Other Governments $24,016.90
BUDGET AMENDMENT - SALES TAX REFUND
Upon motion by Comm. O'Shields, seconded by Comm.,GOttovi, the following budget
amendment was unanimously approved to cover State Sales Tax Refunds for the balance of
this fiscal year:
Debit
" _Credit
- Acct.
- Acct.
Acct.
#11
#11
#11
367
660
660
01,
37,
39,
Sales Tax Refund
State Sales Tax
County Sales Tax
$ 6,000
$ 4,000
2,000
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BUDGET AMENDMENT - HEALTH DEPARTMENT
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the following budget amend-
ment was unanimously approved to cover repairs to equi:pment in the Dental Department at
the Health department:
Debit - Acct. #44 599 74, Capital Outlay
Credit - Acct. #44 599 16, M & R - Equipment
$
$
500
500
BREAK
Chm. Williams recessed the meeting for a break from 9:28 o'clock a. m. until
9:36 o'clock a. m.
PUBLIC HEARING
Notice had been given that a public hearing would be held by the Board of commissioners
of New Hanover County on Monday, April 2, 1979, at 9:30 a. m. in the Assembly Room of the
County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to con-
sider the following:
PUBLIC HEARING 'lD CONSIDER AN AMENDMENT TO THE COUNTY ZONING ORDINANCE, SECTION 72-5
PARAGRAPH (l) OF THE SPECIAL USE PERMIT PROVISIONS FOR APARTMENTS - MULTI-FAMILY DWELLINGS 0
TO REVISE THE REQUIREMENT OF HAVING DIRECT ACCESS TO AN ARTERIAL STREET OR A COLLEC'lDR
STREET IN ACCORDANCE WITH THE PROPOSED AMENDMENT PROVISIONS.
Planning Director Bill Farris reported that the Planning Commission had considered
these amendments at their meeting in March and recommended approval. Mr. Farris
explained the amendments.
Mr. Mark Ahrendsen, Transportation Planner for the Planning Departmen~, commented on
the projected traffic increase.
Mr. Farris reported that the Planning Staff did not recommend the amendments being
considered at this time.
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379
MINUTES OF REGULAR MEETING, APRIL 2', 1979 (CONTINUED)
ZONING ORDINANCE AMENDMENTS (CONTINUED)
Comm. Gottovi moved to postpone amending the Zoning Ordinance until the Board had
an opportunity to consider and adopt a County thoroughfare plan.
Chm. Williams asked if there was anyone present to speak on this proposed amend-
ment and the following persons appeared:
Attorney Dumay Gorham
Attorney David Barefoot
County Attorney James C. Fox
Mr. Robert Clements
Mr. John Maye
Mr. Royce Garrett
Mr. John Creed
Capt. Walter Chimiak
Comm. Wright moved to take this up at the first meeting in'June.
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Comm. Gottovi amended her motion to include that this be discussed at the first
meeting in June.
Comm. Gottovi's motion was clarified as follows: To postpone, until the first
meeting in June, consideration of this Zoning Ordinance Amendm~nt until the Board
has had an opportunity to consider for adoption a County Thoroughfare Plan. Comm.
Armistead seconded the motion and upon vote, it carried unanimously.
BREAK
Chm. Williams recessed the meeting for a break from 11:00 o'clock a. m. until
11:17 o'clock a. m.
CONTINUATION OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE
PROPERTY LOCATED 200 FEET WEST OF SOUTH COLLEGE ROAD AND FRONTING APPROXIMATELY 800 FEET
ON BRAGG DRIVE FOR TOWNHOUSES IN AN R-15 (RESIDENTIAL) DISTRICT, AND
PUBLIC HEARING TO CONSIDER AN'APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON
BRIDGE ROAD AND BEACH ROAD NORTH, FIGURE EIGHT ISLAND FOR CONDOMINIUMS IN AN R-20
(RESIDENTIAL) DISTRICT.
Comm. Armistead moved, seconded by Comm. Gottovi, to continue this public' hearing
to the first meeting in June. Upon vote,' the motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED
AT THE NORTHEAST CORNER OF CAROLINA BEACH ROAD (U. S. 421 ) AND SOUTH SEABREEZE ROAD FOR
A CONVENIENT FOOD STORE IN AN R-15 (RESIDENTIAL) DISTRICT.
Mr. Charles Lilley of the Planning Department reported that the Planning Commission
had considered this request at its meeting in March, and both the Planning Commission
and Planning, Staff recommended approval.
Chm. Williams asked if there was anyone present to speak in favor of this request,
and Mrs. Sarah Durham, Attorney for the petitioners, appeared before the Board to request
approval.
Chm. Williams asked if there was anyone present to speak in opposition and no one
appeared.
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
publiconecessity; 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. O'Shields moved, seconded by Comm. Armistead, that this Special
Use Permit be issued based on the same conditions as recommended by the Planning
COnmlission. Upon vote, the motion carried nnanim:>usly.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION
TO DENY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF OLEANDER DRIVE 300 FEET EAST OF
ENGLEWOOD DRIVE (SR-1579) AND 200 FEET SOUTH OF OLEANDER DRIVE FROM R-lS (RESIDENTIAL
DISTRICT) TO B-2 (HIGHWAY BUSINESS DISTRICT) .
Mr. Charles Lilley of the Planning Staff reported that the Planning Commission had
consider this rezoning request at its meeting in March, and both the Planning commission
and Planning Staff recommended denial.
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MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
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APPEAL FROM PLANNING COMMISSION RECOMMENDATION (CONTINUED)
Chm. williams asked if, there was anyone present to speak in favor of this rezoning,
and Mr. Jim Smith, Attorney for the petitioner, appeared to request approval.
Dr. Gerald Hardison, the petitioner, also requested approval.
Chm. Williams asked if there was anyone present to speak in opposition, and
Mr. Reed Larson, a neighboring property owner, spoke in opposition.
Comm. Gottovi moved to affirm the decision of the Planning Commission and deny the 0
rezoning. The motion died for lack of a second.
Comm. Wright moved, seconded by Comm. Armistead, to approve the rezoning and adopt
the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map
of Zoning Area #9-B of New Hanover County, North Carolina, Adopted July 1, 1972". Upon
vote, the motion carried as follows:
voting Aye:
Voting Noe:
Comm. Armistead, O'Shields, Wright and Chm. Williams
Comm. Gottovi
A copy of the Ordinance as adopted and signed" is contained in Zoning Ordinance
Book I, Section 9B, Page 35.
TRANSFER OF ."RETIREMENT BENEFITS
Mrs. Jean P. Fitzgerald, an employee of the Department of Social Services, appeared
before the Board to request that she be credited with service time earned while an employee
of the Public Schools and covered under the N. C. State Employees and Teachers Retirement
System.
County Manager Eller explained that if the County wished to offer this benefit to
employees, the Commissioners must execute an agreement with the Director of the Retirement
System which could become effective the first day of any calendar quarter. If an employee
wished to use this benefit, he would have to repay the amount previously withdrawn plus
an additional amount to cover one-half_the cost of providing the additional credit plus
a $25 service fee.
Comm. Gottovi moved,. seconded by Comm. O'Shields, to approve
transfer of benefits for Mrs. Fitzgerald and that the Chairman be
agreement with the Retirement System to provide for this benefit.
carried unanimously.
the request for the
authorized to sign an
Upon vote, the motion
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A copy of the Resolution and Agreement is contained in Exhibit Book VI, Page 73.
LUNCH BREAK
Chm. Williams recessed the meeting for lunch from 12:02 o'clock p. m. until 1:05
o'clock p. m.
INTHDDUCTION OF AGRICULTURAL EXTENSION CHAIRMAN
County Manager Eller introduced to the Board Mr. Charles "Pete" Lewis who had been
appointed Agricultural Extension Chairman for the County.
PRESENTATION OF DATA PROCESSING STUDY
Mr. Harold Cox, of the Planning Department, appeared before the Board to present
the Data Processing Study compiled by the Planning Staff and to answer questions from
the Board.
County Manager Eller reported on how much of the Plan he was going to recommend be
provided for in the next year's budget.
The Finance ,Officer and
a data processing system.
Tax Administrator
also commented on the need for implementing 0
RECOMMENDATIONS FOR COURTHOUSE SPACE UTILIZATION
Mr. Mike Hargett, of the Planning Department, appeared before the Board to present
the Planning Staff's recommendations for utilization of space in the Courthouse that would
be vacated when the new Law Enforcement Center was completed.
Comm. Armistead moved, seconded by Comm. Gottovi, that a letter be written to local
architects and ask them to submit proposals and fees (not on a percentage basis) for the
renovation work at the Courthouse. Upon vote, the motion carried unanimously.
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381
MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
ADDITION OF ROADS TO STATE SECONDARY ROAD SYSTEM
Comm. O'Shields moved, seconded by Comm. Wright, ,to adopt the reso~utions 'requesting
the addition of the following streets to the State Secondary Road System:
Patsy Lane
Bragg Drive and Ewell.brive in pine Valley
Shannon Drive
upon vote, the motion carried unanimously.
A copy of the Resolutions are on file in the Clerk's Office.
FINAL PLAT APPROVAL - SMITH CREEK ESTATES
Mr. Harry Oakes of the Planning Department reported that this final plat had been
approved by the Subdivision Review Committee on March 26, 1979. He stated that the
developer had submitted'surety in the amount of $50,980. to insure that improvements
would be made.
Comm. Wright moved, seconded by Comm. Gottovi, to approve the final plat of Smith
Creek Estates. Upon vote, the motion carried unanimously.
FINAL PLAT APPROVAL - ARROWHEAD SUBDIVISION, SECTION 11
Mr. Harry Oakes of the Planning Department reported that this final plat had been
approved by the Planning Commission Subdivision Review Committee on March 26, 1979,
under the 25 lot provision.
Comm. O'Shields moved, seconded by Comm. Wright, to approve the final plat of
Arrowhead Subdivision, Section 11. Upon vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, O'Shields, Wright and Chm. Williams
Comm. Gottovi
Comm. Armistead stated for the record that he was voting "aye" but he still felt
the lots were too small for septic tanks.
FINAL PLAT APPROVAL - MILLBROOK SUBDIVISION, SECTION 5B
Mr. Harry Oakes of the Planning Department reported that this. plat was approved by
the Planning Commission Subdivision Review Commission under the 25-10t provision on
March 26, 1979.
Comm. Armistead moved, seconded by Comm. Wright, to approve the final plat of
Millbrook Subdivision, Section 5B. Upon vote, the motion carried unanimously.
FINAL PLAT APPROVAL - GREENBRIAR, SECTION l-C
Mr. Harry Oakes of the Planning Department reported that this plat was approved
by the Planning Commission Subdivision Review Commission under the 25-1ot provision
on March 26, 1979.
Comm. O'Shields moved, seconded by Comm. Wright, to approve the final plat of
Greenbriar Subdivision, Section I-C. Upon vote, the motion carried unanimously.
SUBSURFACE INVESTIGATIONS FOR NEW LIBRARY
Comm. O'Shields moved, seconded by Comm. Gottovi, to confirm the County Manager's
authorization for the Architect to proceed with subsurface investigations for the new
Library and accept;:the proposal from Law Engineering in the amount of $3,300 to perform
the work. Upon vote, the motion carried unanimously.
AMENDMENT TO ,SAND DUNE PROTECTION ORDINANCE
Comm. O'Shields moved, seconded by Comm. Armistead, to adopt the following ordinance
amending the Sand Dune Protection Ordinance:
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER AMENDING THE SAND DUNE PROTECTION
ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED SEPTEMBER 19, 1977
The Board of Commissioners of New Hanover County doth,ordain:
Sections 1 and 2. That the Sand Dune Protection Ordinance
of the County of New Hanover adopted September 19,
1977, be amended as follows:
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MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
AMENDMENT TO SAND
1.
DUNE ORDINANCE (CONTINUED)
Amend Section 1.6, Definitions, Sub~section D,
Shore Protection Area, second sentence, by deleting
"S. R. 1534" and substituting "S. R. 1573", therefor.
2.
Amend Section 2.1, Territorial Applications, by
deleting "S. R. 1534" and substituting "S. R. 1573",'
therefor.
Adopted this 2nd day of April,,1979.
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Upon vote, the motion carried unanimously.
Comm. Gottovi reported that the State was considering abolishing the State Sand
Dune Law and requested that the County Attorney check on this to see if our County
Ordinance adequately protects~our sand dunes.
AMENDMENT TO NEW HANOVER COUNTY DOG CONTROL ORDINANCE
At the meeting of March 5, the Commissioners approved the County Manager's proposal
for increasing impoundment and license fees for dogs.
Comm. Armistead moved, seconded by Comm. Gottovi, to adopt the Amendment to the New
Hanover County Dog Control Ordinance'to increase these fees. Upon vote, the motion
carried unanimously_
A copy of the Amendment is contained in the Ordinance Book in the Clerk's Office.
CONTRACT BETWEEN CAPE FEAR TECHNICAL INSTITUTE AND CETA
Comm. Gottovi moved, seconded by Comm. O'Shields, to 'approve the contract between
Cape Fear Technical 'Institute and the CETA Administration in which Cape Fear Tech
agreed to provide certain services in connection with an Adult Basic Education Program
to be financed under CETA and'to approve the necessary budget amendments.' UPon vot~, the
motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Armistead, Gottovi, O'Shields and Wright
Chm. Williams
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CONTINGENCY PLAN FOR RADIATION EMERGENCY
Mr. Vance Keys, Area Civil Preparedness Coordinator, Mr. Julian Bradberry, Safety
Director of the General Electric Plant and Col. Ben Washburn, County Civil Preparedness
Director, appeared before the Board to explain and answer questions on the Contingency
Plan for an Accident/Incident at the General Electric Nuclear Fuels Fabrication Plant.
Comm. O'Shields moved, seconded by Comm. Armistead, to approve the Plan. Upon vote,
the motion carried unanimously a
A copy of the Plan is on file in the County Manager's Office.
BREAK
Chm. Williams recessed the meeting for a break from 2:50 o'clock p. m. until
3:00 p. m.
mOORSEMENT OF BILLS RELATING TO SOCIAL SERVICES
Comma Wright moved, seconded by Comma Gottovi, to endorse, on recommendation,of the
County Manager and Director of Social Services, the following bills relating to, Social
Services which are pending in the Legislature:
House Bill 883 - Social Service Aid to Counties
House Bill 907 - Social Services Study Commission
Senate Bill 529 - State to Pay Excess County Medicaid
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Upon vote, the motion carried unanimously.
RESOLUTION ENDORSING FRANCHISE TAX REVISION
Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the following Resolution
in support of Bill H-396 which would revise the State Franchise Tax Structure to produce
an estimated additional $50,000,000 for the Counties of North Carolina was unanimously
adopted:
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MINUTES OF REGULAR. MEETING, APRIL 2, 1979 (CONTINUED)
FRANCHl;SE TAX RESOLUTION (CONTINUED)
RESOLUTION'
383
COUNTY OF NEW HANOVER, NORTH CAROLINA
WHEREAS, under the present system of taxation as authorized by
North Carolina General Statutes, 105-120 and 105-116, Municipalities'of
North Carolina share SOt of the State Franchise Tax on Telephone, Electric
and Gas Public Utilities located within their oorporate boundaries; and
WHEREAS, in the Fiscal Year of 1977-78 the municipal share of this tax
amounted to approximately $37,500,000.00; and
WHEREAS, the Counties of North Carolina do not presently share in
the proceeds of this Franchise Tax to any extent; and
WHEREAS, if the Counties of North Carolina shared with the State in
a like manner as do the Municipalities of North Carolina on Franchise Taxes
collected outside the corporate boundaries of the Municipalities, the Counties'
share of this tax would have been approximately $41,070,000.00 for the Fiscal
Year 1977-78; and
WHEREAS, it is the position of this Board that such eqUal treatment for
cities and Counties alike is only fair and just; and
WHEREAS, the distribution of 50% of this tax collected outside the
Municipalities would not create an additional burden on the utilities taxed,
or in any way deprive the Municipalities of its fair and just share; and
WHEREAS, the Counties of North Carolina are facing severe financial
'dilemmas and desperately need to acquire new sources of revenue to support
the many needed programs md services which they must provide; and
WHEREAS, the State of North Carolina has many efficient methods 'of
taxation and this year anticipate a revenue surplus; and
WHEREAS, nearly all State problems impact at
local financial and administrative support; and
the local level and req\ure
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WHEREAS, there is expressed abroad the State a need to provide ,tax relief
to its citizens; and
WHEREAS, such revision of the franchise tax structure would provide in-
direct tax relief to the citizens of the State of North Carolina by way of
lower property tax rates; and
WHEREAS, there is currently a bill (H-396) in the General Assembly \ohi.ch
would affect this needed change; and
WHEREAS, this bill represents a specific legislative goal of the North
Carolina Association of County Conmissioners; and
WHEREAS, this bill will be of direct economic benefit to New Hanover
County;
NOW, THEREFOJ'lE, BE, IT RESOLVED, that we the New Hanover County Board
Commissioners do hereby request its Legislative Delegation composed of
Senator B. D. Schwartz and Representatives S. Thomas Rhodes 'and Eugene W.
Merritt to support such legislation.
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BOARD OF CQ~ISSIONERS OF
NEW HANOVER COUNTY
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BY: ;;;~ {},
Ellen C. Williams,
lfJ-L-d;"~
Chairman
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Cler to the Board .
384
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MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
APPOINTMENT OF PROJECT DIRECTOR FOR HOSPITAL EXPANSION
Comm. Armistead moved, seconded by Comm. O'Shields, to authorize Mr. Roger M. Harris
to represent the County as Project Director for the Hospital Expansion Program in the
same capacity as did the former project director. Upon vote, the motion carried
unanimously.
PROPOSED CHANGES IN LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM
The Commissioners had been furnished copies of a memo from the N.' C. Association
of County Commissioners detailing proposed changes in the Local Government Employees
Retirement System and were asked to indicate the County's position on these changes.
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Comm. O'Shields reported on what had been discussed at the Board of Directors
meeting of the NCACC.
Comm. Wright moved, seconded by Comm. Armistead, to write the Association stating
that New Hanover County believes the benefits should be increased to whatever extent
possible out of the revenues from their investments (actuarial gains within the system).
Upon vote, the motion carried unanimously.
RADIO SPOT ANNOUNCEMENTS
The Commissioners had been furnished several radio spot announcements to develop
citizens awareness of County Government.
Comm. Armistead moved, seconded by Comm. O'Shields, to present these announcements,
along with a letter, to the radio stations telling them we would appreciate any help
they could give us in airing these spots about our County Government. Upon vote, the
motion carried unanimously_
DISPOSAL OF COUNTY VEHICLE
Comm. O'Shields moved, seconded by Comm. Wright, to authorize the Finance Officer to
dispose of one wrecked 1978 Plymouth, Serial #RL41P8A171624 by sealed bid. Upon vote,
the motion carried unanimously.
BUDGET AMENDMENTS - DEPARI'MENT OF SOCIAL SERVICES
Finance Officer Felix Cooper explained the list of budget amendments which would be
necessary to cover expenditures for the remainder of the fiscal year.
'0
Comm. O'Shields moved, seconded by Comm. Gottovi, to approve the list of budget
amendments requested for the Department of Social Services. Upon, vote, the motion
carried unanimously.
A copy of these budget amendments is contained in Exhibit Book VI, Page 74.
COG LAND USE COMMITTEE GOALS AND OBJECTIVES
Comm. Gottovi passed out the proposed Council of Governments Land Use Committee
Goals and Objectives and asked the other members of the Board to get in touch with her
or Bill Reilly at the COG if they had any input to be included in these Goals and
Objectives.
DISCUSSION ON CORPS OF ENGINEERS MEETING CONFLICT WITH COMMISSION MEETING
Comm. Gottovi requested that a letter be written to the Corps of Engineers ex-
plaining that none of the Commission members could attend the meeting which had been
scheduled for this morning at 10:00 a. m. since it was in conflict with the Regular
Commission meeting.
REQUEST FOR SUPPORT OF ADDITIONAL
Chm. Williams had received a
Beach, for the Board's support of
for erosion control.
SALES TAX FOR BEACH EROSION
request from Mr. Robert W. Sawyer, Mayor of Wrightsville
an additional 19 sales tax at the beaches to be used
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".
o
It was agreed by common consent to write a letter stating the Board did not object
to this additional sales tax.
TABLING OF TAX EXEMPTION BILL
Comm. Wright moved, seconded by Comm. Gottovi, to ask the Legislators to delay
introducing the bill exempting from ad valorem taxes certain goods stored at the State
Ports until after the next meeting. Upon vote, the motion carried unanimously.
\.
DISCUSSION ON LETTER CONCERNING HOSPITAL EXPANSION CONTRACTOR
Comm. Armistead wanted to be sure that all the Board members were aware of the
letter from Richards Associates concerning a claim for extra costs on hospital expansion
project.
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3$?S
385
MINUTES OF REGULAR MEETING, APRIL 2, 1979 (CONTINUED)
BUDGET TRANSFER - BUILDINGS & GROUNDS ,
Comm. Armistead mOved, seconded by Comm. Gottovi, to approve ,the following budget
amendment in the Buildings & Grounds Budget for expenditures for-the dog pound and
garage which were not budgeted for:
Debit - Acct. #11 445 61, _General Fund Contingencies
Credit - Acct. #11 535 15, M & R - Buildings & Grounds
,$8,595.98
$8,595.98
Upon vote, the motion carried unanimously.
APPROVAL FOR AIRPORT INDUSTRIAL PARK GRANT APPLICATION
County Manager Eller explained that the pre-application for an EDA Grant for the
Airport Industrial Park had been approved and requested the Commissioners to authorize
submitting a full application.
Comm. Gottovi moved, seconded by Comm. Armistead, to authorize submitting a full
grant application to EDA in the amount of $30,000 for the Airport. Industrial Park.
Upon vote, the motion carried unanimously.
REVOCATION OF PERMISSION TO RENT PARKING SPACES AT MUSEUM DURING AZALEA FESTIVAL PARADE
Comm. Williams moved to revoke permission to use the Museum parking lot for rental
of parking spaces during the Azalea Festival Parade. The motion did not receive a second.
Comm. Armistead moved, seconded by Comm. Gottovi, to rescind action taken at the
last meeting on renting parking spaces at the Museum Parking lot because the Museum
would be open that day. Upon vote, the motion carried unanimously.
EXECUTIVE SESSION
Comm. Armistead moved, seconded by Comm. O'Shields, that, the meeting be recessed
to,Executive Session for land acquisition. Upon vote, the motion carried unanimously.
Chm. Williams recessed the meeting to Executive Session at 4:00 o~clock p. m.
Chm. Williams reconvened the meeting to Public Session at 4:02 o'clock p. m.
ADJOURNMENT
Comm. Gottovi moved, seconded by Chm.. Williams, that the meeting be adjourned.
Upon vote, the motion carried uhanimouslYe
Chm. Williams adjourned the meeting at 4:03 o'clock p. m.
Respectfully submitted,
-~,,6.I?~
Alyce B. Rusmisell
Clerk to the Board
abr
MINUTES OF REGULAR MEETING, APRIL 17, 1979
ASSEMBLY
The New Hanover County Board of Comnissioners met in Regular Session on Monday,
April 17, 1979, at 9:00 o'clock a. m. in the Assembly Roam, New Hanover County.
Administration Building, Wilmington,- North Carolina.
Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi;
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. Comm. Claud
Q.Shields, Jr. was absent.
Chm. Williams called the meeting to order and led the reciting of the Lord's
Prayer.
APPROVAL OF MINUTES: REGULAR MEETIN3, APRIL 2, 1979
Comm. wright moved, seconded by Comm. Armistead, to approve the Minutes of the
Regular Meeting of April 2, 1979, as presented. Upon vote, the motion carried as
follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields