1979-04-17 Regular Meeting
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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,
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Alyce B. Rusmisell
Clerk to the Board
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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
386
MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
REPORT ON STATUS OF LAW ENFORCEMENT CENTER CONSTRUCTION
Mr. Herb McKim, Architect for the Law Enforcement Center, appeared before the Board
to report on the progress of construction. He stated that the building should be ready
for occupancy sometime --in June.
CHANGE ORDERS AND BUDGET AMENDMENT FOR LAW ENFORCEMENT CENTER
Comm. Armistead moved, seconded by Comm. Gottovi, to approve Change Order G-8 for
patching the wall in the building adjacent to the tunnel and removal of ceiling in corridor
in the Law Enforcement Center project and approval of the following budget amendment to
cover this change order:
Debit - Acct. #77 575 80, Contingencies (Project)
Credit - Acct. #77 575 70, General Contract
$1,020.75
$1,020.75
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Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O' Shields
Comm. Armistead moved that Change Order E-3 not be approved.
Comm. Armistead withdrew his motion and moved, seconded by Comm. Wright, to postpone
approval of Change Order E-3 for relocating existing panel board and changing fixtures
to the next meeting. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Conm. Armistead, Gottovi, Wright and Chm. williams
Comm. O'Shields
REQUEST FOR ESTABLISHMENT OF CAPE FEAR CONVENTION CENTER AUTHORITY
Mr. Don Watson and Mr. George Nadeau appeared before the Board to request, the
establishment of a Cape Fear Convention Center. Authority. They also requested that
$2500 be allocated to finance out-of-pocket expenses contingent upon the City of
Wilmington providing the same amount of funds.
The following persons offered comments:
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County Manager Eller
Mr. Joe Augustine, Executive Director of the Chamber of Commerce
County Attorney Fox commented on the Board's authority to set up a Civic Center
Authority
Mr. Woodrow Fountain
Comm. Wright moved, seconded by Comm. Armistead, that the Commission meet at 8:00
a. m. on April 23 before the Board of Equalization and Review Meeting to hear from
County Attorney Fox and County Manager Dller and decide on setting up this Authority.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. williams
Comm. O'Shields
BREAK
Chm. Williams
a.clock a. m.
recessed the meeting for a break from 9:59 o'clock a. m. until 10:09
APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH MARCH 31, 1979
Comm. Wright moved, seconded by Comm. Gottovi, that the Report of the Collector of
Revenue through March 31, 1979, be approved. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. 0' Shields
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A copy of the Report is contained in Exhibit Book VI, Page 75.
APPROVAL OF TAX ABATEMENTS AND REFUNDS
County Attorney Fox reported that he had reviewed the list of tax abatements and re-
funds and found them to be in.order.
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the list of Tax Abate-
ments and Refunds. Upon vote, the motion carried as fallows:.
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
A copy of the list is contained in Exhibit Book VI, Page 76.
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387
MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
EXPLANATION OF SALES RATIO STUDY
Comm. Gottovi requested information on the Sales Ratio ,Study that the Commissioners
had been furnished and County Manager Eller explained that this was to show the increase
in values since the last evaluation and the ratio of the appraisal value for tax purposes
to the actual value at the present time.
DISCUSSION ON TAX EXEMPTION BILL
The Commissioners were requested to advjse the Legislators whether or not they
wished to have the bill introduced which would exempt from ad valorem taxes certain
goods stored at the State Ports.
Tax Administrator Larry Powell reported on the exemption requests received.
Comm. Armistead moved, seconded by Comm. Wright, to ask the County's representatives
in the State Legislature to introduce the bill as it was drawn. Upon vote, the motion
carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. 0' Shields
MEETING WITH MUSEUM BOARD OF TRUSTEES
Members of the Museum Board of Trustees appeared before the Board to discuss
matters concerning the Museum.
Mrs. Helen Willetts, Chairman of the Museum Board, introduced the Board members
present and gave some of the history of the Museum along with objectives for the future.
Ms. Janet Seapker, Museum Director, commented on plans for the Museum.
BUDGET TRANSFER - MUSEUM
Comm. Gottovi moved, seconded by Comm. Wright, to approve the following budget
transfer in the Museum budget to hire an outside contractor to rehabilitate the Hall House
and weatherproof the Munds House:
Debit - Acct. #11 397 56, Revenue Sharing
Credit - Acct. #11 625 73, Capital Outlay ~Other Improvements
$26,200
$26,200
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
DESIGNATION OF AGENCY TO OPERATE NUTRITION PROGRAM FOR ELDERLY
County Manager Eller reported that Comm. Gottovi had requested this be on the agenda
in an effort to get the State to designate a local agency to operate the nutrition program
for the elderly.
Mr. Jerry Ramsey of the Cape Fear Council of Governments commented.
Comm. Gottovi moved, seconded by Comm. Williams, to designate the Cape Fear Council
of Governments as the Area Planning Agency on Aging and to designate Services for the
Aging as the agency to operate the nutritional" program for the elderly in New Hanover
County. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Camm. Q'Shields
REQUEST FOR SIDEWALKS AT PINE VALLEY ELEMENTARY SCHOOL
The Pine Valley Elementary School Parent Teachers Organization had requested
assistance from the County in getting sidewalks or bike paths constructed along the road
to the school for use by the children who walk or ride bicycles to school.
County Manager Eller reported that State law did not permit Counties to spend
money for this purpose.
Comm. Armistead moved, seconded by Comm. Wright, to send this request to:the
School Board for a recommendation. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
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Comm. Armistead"Gottovi, Wright and Chm. williams
Comm. O'Shields
388
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MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
RENEWAL OF VOLUNTEER FIRE DEPARTMENT AGREEMENTS
Comm. Wright moved, seconded by Comm. Gottovi, to notify the Volunteer Fire Depart-
ments that the County wished to renew the Agreement with them for fire protection. Upon
vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
LEASE AMENDMENT - AIR WILMINGTON, INC.
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the following amend-
ment to the Lease Agreement with Air Wilmington for 4 aircraft storage hangars plus 50 0
feet of ramp space in front of each one:
Lessee agrees to pay Lessor the sum of. One Thousand One Hundred Seventy and
86/100 Dollars ($1,170.86) plus excess rental equal to five per cent (5%)
of all gross receipts, as herein defined, in excess of Twenty-Three Thousand
Four Hundred Seventeen and 20/100 Dollars ($23,417.20) per month for each and
every month of the term of this lease agreement.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. williams
Comm. O'Shields
NEGOTIATION OF ANIMAL CONTROL VEHICLE BIDS
Comm. Gottovi moved, seconded by Comm. Armistead, to give County Manager Eller
the authority to negotiate downward as far as possible the bids received on the animal
control vehicles and bring them back to the Board for approval. upon vote, the motion
carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm._Williams
Comm. O'Shields
AMENDMENT TO PERSONNEL POLICY
County Manager Eller explained the proposed amendment to the Personnel Policy which
would enable the County to offer sick leave, vacation leave and hospitalization insurance 0
to temporary employees who were scheduled to work for a consecutive period of at least
three months. This would primarily affect CETA employees whose benefits would be paid
for by CETA funds.
Comm. Gottovi moved, seconded by Comm. Armistead, to approve. the following amendment
to the Personnel Policy:
Article I. Section 2 (g)
add: Temporary employees who work, or are scheduled to work, a minimum of 360
hours in a consecutive 12 week period (75%) are also subject to: Article VII
as it appl.ies to permanent employees with the exception that annual leave is
accrued at the base rate regardless of length of service: and Article IX,
Sections 1, 2 and 4.
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
BUDGET TRANSFER - TAX DEPARTMENT
Comm. Armistead moved, seconded by Comm. Wright, to approve the following budget
transfer in the Tax Department to purchase a Pitney-Bowes Folder, Turner, Inserter, and
2 tables:
Debit - Acct. #11 450 22; Equipment Rent
Acct. #11 450 02, Salaries & Wages
Credit - Acct. #11 450 74, Capital Outlay
$2,467
4,377
$6,844
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Upon vote, the'motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
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389
MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
BUDGET TRANSFERS - JAIL
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the following budget
transfers in the Jail budget to'complete the fiscal year:
For elevator maintenance contract and extermination service:
Debit - Acct. #11 520 02, Salaries & Wages
Credit - Acct. #11 520 45, Contracted Services
$ 530
$ 530
For increased hospital and doctor bills for jail inmates:
Debit - Acct. #11 520 02, Salaries & Wages
Credit - Acct. #11 520 04, Professional Services
$8,000
$8,000
For Utilities:
Debit - Acct. #11 520 02, Salaries & Wages
Credit - Acct. #11 520 13, Utilities
$ 300
$ 300
Upon vote~ the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
BUDGET TRANSFER - CIVIL PREPAREDNESS
Comm. Armistead moved, seconded by Comm. Wright, to approve the following,budget
transfer in the Civil Preparedness budget to cover installation of radio masts and
antenna for radio equipment at the new office in the Law Enforcement Center:
Debit - Acct. #11 525 12,., printing
Acct. #11 525 33, Supplies
Credit - Acct. #11 525 16, M & R - Equipment
$ 250
200
$ 450
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. 0' Shields
BUDGET TRANSFER - AIRPORT
Comm. Armistead moved, seconded by Comm. Gottovi, to' approve the following budget
amendment in the Airport budget to transfer funds received from the insurance company
to the expenditure account to pay for damages to the Airport canopy:
Debit - Acct. #31 333 04, Miscellaneous Income
Credit - Acct. #31 650 15, M & R - Buildings & Grounds
$ 385
$ 385
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
DISCUSSION ON PURCHASE OF ELECTRIC GARAGE DOOR OPENER AT COUNTY GARAGE
The Commissioners were requested to approve a budget transfer to purchase,an
electric garage door opener for the County Garage.
Comm. Gottovi moved to approve the budget transfer. The motion died for lack of a
second.
No action was taken pending further information.
BUDGET TRANSFER - HEALTH DEPARTMENT FAMILY PLANNING PROGRAM
Comm. Gottovi moved, seconded by Comm. Wright, to approve the following budget
amendment in the Health Department Family Planning Program to purchase equipment:
Debit - Acct. #44 592 02, Salaries & Wages $8,500
Credit - Acct. #44 592 33, Supplies & Materials $4,822
Acct. #44 592 14, Travel, Meetings & Schools 678
Acct. #44 592 74, Capital Outlay - Equipment 3,000
Upon vote, the motion carried as' follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
390
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MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
BUDGET TRANSFER - JUVENILE SERVICES
Comm. Gottovi moved, seconded by Chm. Williams, to approve the following budget
transfer in the Juvenile Service Center budget to cover telephone and postage for the
balance of this fiscal year:
Debit - Acct. #11 522 02, Professional Services
Credit - Acct. #11 522 11, Telephone & Postage
$ 200
$ 200
Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
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REQUEST FOR REVOCATION OF AMBULANCE FRANCHISE
Chm. Williams explained her request to revoke the franchise issued to New Hanover
Ambulance Service, Inc.
County Attorney Fox offered his opinions as to how this matter should be handled.
Comm. Armistead moved to have a hearing on this matter on May 7 and that all the
people who had complaints should appear and be able to substantiate their ~omplaints.
Mr. Henry Hoyle, owner of New Hanover Ambulance Service, Inc. and his attorney,
Mr. Peter Grear, appeared before the Board to answer questions.
Comm. Armistead repeated his,motion, seconded by Comm. Wright, to put off, this
hearing on the franchise revocation so that all interested parties would have a chance
to be notified - those making complaints and those defending - and ,that it be put as
item #1 on the order of business for the meeting of May 7, 1979. Upon vote, the
motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
BREAK
Chm. Williams recessed the meeting for a break from 11:21 o'clock a. m. until
11:31 o'clock a. m.
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REQUEST FOR ASSISTANCE FOR STREET PAVING IN DIXON ACRES AND HILLSDALE SUBDIVISIONS
Mr. Andrew Ashe and other residents of Dixon Acres and Hillsdale subdivisions
appeared to request assistance in getting their streets paved.
Mr. John Maye commented.
Comm. Gottovi mentioned the possibility of HB 804,which was pending in the Legisla-
ture, helping in this situation and read the proposed bill to the residents.
County Attorney Fox agreed to write a letter to Mr. Ashe, with copies to Senator
B. D. Schwartz, Representatives Rhodes and Merritt and Secondary Roads Council Member,
Garland B. Garrett, Jr., outlining the methods by which the'residents could get
assistance in this matter.
Comm. Wright moved, seconded by Comm. Armistead, that a letter be written to
Mr. Garland Garrett, Jr. expressing the Board's concern about the way this matter had
been handled. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. 0' Shields
DISCUSSION ON PUBLIC HEARING FOR OIL REFINERY
Comm.' Gottovi commented on the way the public hearing was conducted on Friday,
April 13, concerning the location of an oil refinery in the area.
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Chm. Williams informed the Board of her intent to travel to Washington state with
a group from Brunswick County to view firsthand a refinery similar to the one to be
located in this area.
REQUEST FOR REPORT ON WATER AND SEWER PLANS
Comm. Gottovi reported that she had been requested to report to the Council of
Governments Land Use Committee on the water and, sewer plans for the County.
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391
MINUTES OF REGULAR MEETING, APRIL 17, 1979 (CONTINUED)
REQUEST FROM OGDEN RESCUE SQUAD FOR LETTER OF INTENT FOR FUNDS
County Manager Eller explained that he had received a request from Ogden Rescue
Squad for a letter of the County's intent to provide funds in the amount of $25,000
in the 1979/80 budget for the purchase of an ambulance.
Comm. Gottovi moved, seconded by Com. Wright, that a letter be written to Ogden
Rescue Squad indicating the County's intent to provide funding for'the next fiscal",
year. Upon vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chm. Williams
Comm. O'Shields
BUDGET TRANSFER - GOVERNING BODY
Comm. Gottovi moved, seconded by Comm. Armistead, to approve the transfer of $1,000
from Contingencies, Acct. #11 445 61, to Professional Services, Acct. #11 410 04, in
the Governing Body budget to" pay the appraisal fee for the landfill site. Upon vote,
the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chin. Williams
Comm. O'Shields
DISCUSSION ON BILL CONCERNING APPEALS BY PUBLIC SERVICE COMPANIES'
The Commissioners had been furnished copies of proposed legislation amending
G. S. 105-342 (c) concerning tax valuation appeals by public service companies and
also copies of the Tax Administrator's recommendations.
No action was taken.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Gottovi, that the meeting be
Executive Session to discuss land acquisition and possible litigation.
the motion carried as follows:
recessed to
Upon V9te,
Voting Aye:
Absent:
Comm. Armistead, Gottmd, Wright and Chm. Williams
Comm. O'Shields
Chm. Williams
Chin. Williams
recessed ,the meeting to Executive Session at 12:21 o'clock p. m.
reconvened the meeting to Public Session at 12:51 o'clock p. m.
ADOPTION OF PRELIMINARY CONDEMNATION RESOLUTION
Comm. Armistead moved, seconded by' Coinm." Gottovi, adoption of the Preliminary
Condemnation Resolution of the Board of Commissioners of New Hanover County and ask
that Neill M. Laney be appointed as the County's appraiser for this proceeding. Upon
vote, the motion carried as follows:
Voting Aye:
Absent:
Comm. Armistead, Gottovi, Wright and Chin. williams
Comm. O'Shields
A copy of the Resolution is contained in Exhibit Book VI, Page 77.
DISCUSSION ON LEGISLATIVE BRIEFING
Chm. Williams reported on the Legislative Briefing she had attended in Raleigh on
April 12, and requested copies of 2 bills that were pending in the Legislature be sent
to the other Commissioners.
DISCUSSION ON CHANGING JULY MEETING
County Manager Eller explained that the NACo meeting in Kansas City would conflict
with the second meeting in July and requested direction from the Board as to whether or
not they wished to change the meeting date.
DISTRIBUTION OF SCHOOL BUDGETS,
County Manager Eller distributed copies of the proposed school budget for fiscal
year 1979/80 to the Commissioners for their review.
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Armistead, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Armistead, Gottovi, Wright and Chm. Williams
Absent: Comm. O'Shields
Chin. Williams adjourned the meeting at 1:02 o'clock p. m.
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Respectfully submitted,
~'-~'~_nc.:~a
Alyc B. Rusmisell
Clerk to the Board