1980-06-16 Regular Meeting
614
MINUTES OF REGULAR MEETING, JUNE 2, 1980 (CONTINUED)
STATEMENT ON PROPOSED LANDFILL SITE
Comm. Gottovi moved, seconded by Comm. 0'Shie1ds, that the record show
that it was the intention of the Board to pursue the General Electric site
in terms of a short-term, 5 year" landfill site. Upon vote, the motion
carried unanimously.
ADJOURNMENT
Comm. Armistead moved, seconded by Comm. O'Shie1ds, that the meeting
be adjourned. Upon vote, the motion carried unanimously.
Chm. Williams adjourned the meeting at 10:45 p.m.
Respectfully submitted,
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~A,/?~
Alyce B. Rusmise1l
Clerk to the Board
MINUTES OF REGULAR MEETING, JUNE 16, 1980
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session
Monday, June 16, 1980, 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.; Chairman Ellen C. Williams; County
Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the
Board, Alyce B. Rusmisell. No members were absent.
Chm. Williams called t~e meeting to order.
In the absence of a minister to give the invocation, the meeting
was opened with the Lord's Prayer.
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APPROVAL OF MINUTES: LANDFILL PUBLIC HEARING, MAY 19, 1980; SPECIAL
MEETING, MAY 22, 1980; AND REGULAR MEETING, JUNE 2, 1980.
Upon motion by Comm. Gottovi, seconded by Comm. O'Shields, the
Minutes of the Landfill Public Hearing on May 19, 1980, were unanimously
approved as presented.
Upon motion by Comm. O'Shields, seconded by Comm. Gottovi, the
Minutes of the Special Meeting of May 22, 1980,/lifi~fiimously approved as
presented.
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the
Minutes of the Regular Meeting of June 2, 1980, were unanimously approved
as presented.
APPROVAL OF CONSENT AGENDA
Upon motion by Comm. Armistead, seconded by Comm. Gottovi, the following
items contained in the Consent Agenda with' the addition of the roster of
the South Wilmington Volunteer Fire Department wer~ unanimously approved:
APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH MAY 31, 1980
A copy of, the R.eport",of~ tne_60J1e.c,!=6r"of Revenue, ,through:.l1ay 31, 1980,
as approved', is contained :'in,:Exh~bit> Book VII, Page 66.
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APPROVAL OF TAX ABATEMENTS AND REFUNDS
A copy of the list of Tax Abatements and Refunds as approved is
contained in Exhibit Book VII, Page 67.
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QUITCLAIM TO CITY OF WILMINGTON FOR COUNTY'S INTEREST IN JOINTLY
OWNED PROPERTY
Quitclaim of the County's interest in prbperty located at 407 Bruns-
wick Street and 615 S. 11th Street ,for the City of Wilmington Devel- "
oping Programs Division to use for on-the-job training in a rehabil-
',~', ,~j:tatio!), program using Community Development Block Grant Funds and
, CETA funds.
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MINUTES OF REGULAR MEETING, JUNE 16, 1980
615
APPROVAL OF CONSENT AGENDA (CONTINUED)
LEASE WITH FAA FOR SPACE IN CONTROL TOWER
A Lease with the FAA for space in the Control Tower to be used for offices
and storage as recommended by the Airport Commission.
A copy of the Lease is on file in tqe County Manager's Office.
CERTIFICATION ,OF ROSTERS OF MEMBERS OF WINTER PARK AND SOUTH WILMINGTON
VOLUNTEER FIRE DEPARTMENTS
The rosters of members of the Winter Park and South Wilmington Volunteer
Fire Departments as presented for certification.
Copies of the Rosters are on file in the County Manager's Office.
CHANGE OF DATE FOR SECOND MEETING IN JULY
As discussed at the meeting on May 19, the second meeting in July was
changed from July 21 to July 28, 1980.
BUDGET TRANSFER - ENGINEERING
The following transfer in the Engineering budget due to increased long
distance telephone calls pertaining to the landfill:
Debit
Credit
- Acct. '1111 540 14,
- Acct. 1111 540 11,
Travel, Meetings, & Schools
Telephone & Postage
$200.
$200.
BUDGET AMENDMENT - LIBRARY
The following amendment in the Library Budget due to increase in Revenue:
Debit - Acct. #11 350 40, State Aid Basic Grant
Credit - Acct. #11 630 34, Books & Materials
$1,457.
$1,457.
APPROVAL OF INTENT TO ISSUE REVENUE BONDS
Mr. Henry Longley, Vice-Chairman, and Mr. George W. Jones, Jr., Secretary-
Treasurer, of the New Hanover County Industrial Facilities and Pollution Control
Financing Authority, and Mr. Walter Simpson, Manager of Financial Planning for
Carolina Power & Light Company, appeared before the Board to explain the proposed
issuance of Revenue Bonds.
A representative 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 bonds
and authorizing the execution and delivery of an inducement agreement pertaining
to the financing of a pollution control project for Carolina Power & Light Company.
The representative delivered copies of the resolution and the inducement agree-
ment to the Board. A discussion of the project took place.
Commissioner Armistead
read at length:
introduced the following resolution which was
WHEREAS, the Board of County Commissioners has created apolitical sub-
division and body corporate and politic of the State of North Carolina known as"
"The New Hanover County Industrial Facilities and Pollution Control Financing :1
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 "Act"):t to issue revenue bonds for the purpose, among others, of
paying all or any part of the cost of any pollution control project for a public
utility; to acquire, construct, improve and equip any such project; and to make
and execute financing 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 the acquisition, construction and installation of
pollution control facilities consisting of modifications to electrostatic pre-
cipitators at Unit No.3 of the L. V. Sutton Steam Electric Plant in Wilmington
(the "Project") operated by Carolina Power & Light Company; and
616
MINUTES OF REGULAR MEETING, JUNE 16, 1980
APPROVAL OF INTENT TO ISSUE REVENUE BONDS (CONTINUED)
,WHEREAS, the Authority intends to file an application for approval of the
Project with the Secretary of the Department of Commerce (thenDepartmentn), 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, 0
in principle:
NOW, THEREFORE
BE IT RESOLVED by the Board 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 its passage.
Commissioner Armistead
and Commissioner O'Shields
by the following vote:
moved the passage of the foregoing resolution
seconded the motion, and the resolution was passed
AYES: Comms. Armistead, Gottovi, O'Shields and Chm. Williams
NAYS: None
DISCUSSION ON FORMATION OF AGRICULTURAL LAND PROTECTION ADVISORY COMMITTEE
Mr. Charles E. (Pete) Lewis, Agricultural Extension Chairman, appeared
before the Board at the request of Comm. Gottovi, to discuss the formation
of any Advisory Committee to study agricultural land problems in New Hanover
County.
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Comm. Gottovi, moved, seconded by Comm. Armistead, that Pete Lewis, New
Hanover County Extension Agent, be given the authority to form an advisory
committee to study agricultural land problems in New Hanover County. Upon vote,
the motion carried unanimously.
BUDGET AMENDMENT - LIBRARY CAPITAL PROJECT
Mr. John Jefferies of Jefferies & Faris, Architects for the Library ,
appeared before the Board to give an update on the progress of construction
and explain the contract revisions necessitating the additional architectural
services.
Comm. Williams moved, seconded by Comm. O'Shields, to approve the following
budget amendment in the Library Capital Project if it did not increase the cost
any more and subject to the receipt of letters from the Contractors that there
would be no additional cost involved.
Debit - Acct. #82 575 69, Contingencies (Project)
Credit - Acct. #82 575 76, Architectural Services
$3,400.
$3,400.
Voting Aye:
Voting Noe:
Comm. Gottovi, O'Shields, and Chm. Williams
Comm. Armistead
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Upon vote, the motion carried as follows:
FINAL PLAT APPROVAL - OLD CHIMNEY SUBDIVISION
Mr. Charles Lilley of the Planning Department reported that final plat
approval was given by the Subdivision Review Committee for Old Chimney Sub-
division on May 27, 1980, and the Planning Staff had also recommended approval.
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617
MINUTES OF REGULAR MEETING, JUNE 16, 1980
FINAL PLAT APPROVAL - OLD CHIMNEY SUBDIVISION(CONTINUED)
Upon motion by Comm. O'Shields, seconded' by Chm. Williams, the final plat
of Old Chimney Subdivision was unanimously approved.
FINAL PLAT APPROVAL - GLYNWOOD ESTATES, SECTION II
Mr. Charles Lilley of the Planning Department reported that this plat was
being considered in an effort by the developer to come in compliance with-the
Subdivision Regulations. He reported that the Subdivision Review Committee
gave final approval on May 27, 1980, and the Planning Staff 'had also recommended
approval. '
Upon motion by Comm. Gottovi, seconded by Comm. Armistead, the final plat
of Glynwood Estates Subdivision, Section II, was unanimously approved.
FINAL PLAT APPROVAL - CRESTWOOD SUBDIVISION, SECTION 13
Mr. Charles Lilley of the Planning Department reported that the Subdivision
Review Commission gave final plat approval of Crestwood Subdivision, Section 13,
on May 27, 1980, and the Planning Staff also recommended approval.
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the final plat
of Crestwood Subdivision, Section 13, was unanimously approved.
BREAK
Chm. Williams recessed the meeting for a break from 10:00 o'clock a.m. until
10:12 o'clock a. m.
AMENDMENTS TO INSURANCE ADVISORY COMMITTEE BYLAWS
The Commissioners had been furnished copies of some proposed amendments to the
Bylaws of the Wilmington/New Hanover County Insurance Advisory Committee for con-
sideration. '
After discussion concerning the appointment of laymen to the Committee,
Comm. Armistead moved, 'seconded by Chm. Williams, to approve Amendments II and'
III as follows and/i~egI~elings of City Council on Amendment I:
II. Paragraph B.(3) shall be deleted in its entirety 'and the following
substituted 'therefor:
"B. (3) Participating agencies shall be rated by the Committee by the
following point system in order to provide for the equitable distribution of
the commissions.
a. 1. If the agency is engaged exclusively in the Insurance
business and derives at least 75% of its Net Income
from the Fire, Casualty, Fidelity & Surety Insurance
Premiums -- 6 points.
2. If the agency is not so engaged, but employs at least
one person, devoting full time to Fire, Casualty, Fidel-
ity, & Surety Insurance --- 3 points.
3. Neither of above, but at least one person spending 25%
of time in Fire & Casualty Business -- 1 point.
b. 1. For each Officer, OWNER, Partner, or Manager who devotes
full time to the Fire, Casualty, Fidelity & Surety Business
-- 4 points.
2. For each full time employee of agency other than those
above, residing in Wilmington, or New Hanover County and
devoting at least 50% of their time'to the Fire & Casualty
Insurance Business -- 1 point.
c. For payrolls for agency employee attributable to Fire & Casualty
business exclusive of earnings to owners, partners, officers or
insurance managers:
610
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MINUTES OF 'REGULAR, MEETING, JUNE 16, 1980, , >
AMENDMENT TO INSURANCE ADVISORY COMMITTEE BYLAWS (CONTINUED)
1. Over 40,000 10 points
2. 35,000 to 40,000 9 points
3. 30,000 to 35,000 8 points
4. 25,000 to 30,000 7 points
5. 20,000 to 25,000 6 points
6. 15,000 to 20,000 5 points
7. 10,000 to 15,000 4 points
8. 6,000 to 10,000 3 points
9. Under 6,000 2 points
d. No more than 45 points should be assigned anyone agency
which shall be deemed to include: (1) any affiliated
agency, (2) any agency where anyone employee or officer,
partner, or manager performs service for more than one
agency, and (3) corporation or firms established by an
agency to write special business."
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III. Paragraph E(4) is amended by ,deleting Section E(4) in its'entirety
and substituting therefor the following language:'
"An audit statement of the Committe.;,~s transactiors shall be prepared
by a C.P.A. annually and made available for inspection by any partic-
ipating agency and by any governmental unit or board receiving the
Committee's services."
Adopted this
16th
day of
June
, 1980.
Upon vote, the motion carried unanimously.
CONCURRENCE WITH OVERALL ECONOMIC DEVELOPMENT PROGRAM PREPARED BY SEDC
Comm. O'Shields moved, seconded by Comm. Armistead, to concur with the
latest Overall Economic Development Program (OEDP) prepared by the Southeastern
Economic ,Development Commission dated August, 1976, in order to retain the
County's eligibility for EDA assistance. Upon vote, the motion carried un-
animously.
DATE FOR SPECIAL MEETING TO ADOPT BUDGET ORDINANCE
Comm. Armistead moved, seconded by Comm. Gottovi, to set a Special
Meeting on Wednesday, June 25, 1980, at 7:00 p. m. to adopt the Budget ordi-
ance, approve various budget amendments and possible Commission appointment.
Upon vote, the motion carried unanimously.
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ADOPTION OF ORDINANCE ESTABLISHING HUMAN RELATIONS COMMISSION AND FAIR EMPLOYMENT
ORDINANCE
At the meeting on June 2, the Connnissioners adopted "An Ordinance of the
Commissioners of New Hanover County Establishing a Human Relations Commission"
and "An Ordinance of the Board of Commissioners of New Hanover County Entitled
"Prohibition of Discrimination in Employment" by a vote of 3 to 1. Since the
approval, was not unanimous, it was necessary to vote on the Ordinance again.
Comm. O'Shields requested that Section 4, paragraph (C) of the Ordinance
Establishing a Human Relations Commission be revised to read that the Executive
Director be appointed" at and upon the direction of the County Manager."
Comm. O'Shields moved, seconded by Comm. Armistead; to adopt "An Ordinance
of the Commissioners of New Hanover County Establishing a Human Relations
Commission" with the revision he had requested and to adopt "An Ordinance of
the Board of Commissioners of New Hanover County Entitled "Prohibition of
Discrimination in Employment."
Mr. Ernest Puskas appeared before the Board to express his opposition
to spending his tax money in this manner.
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County Attorney Fox commented.
Mr. Bill Jessup, Human Relations Director, suggested in the Prohibition
of Discrimination in Employment Ordinance, Sec. 3.3, para~aoh (A) should have
the words "sworn or affirmed- inserted in the second line/'tli~w~5lfds "Agency"
and "written".
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619
MINUTES OF REGULAR MEETING, JUNE 16, 1980
ADOPTION OF ORDINANCE ESTABLISHING HUMAN RELATIONS COMMISSION AND FAIR EMPLOYMENT
ORDINANCE (CONTINUED)
Comm. O'Shields accepted these amendments to his motion, seconded by Comm.
Armistead, and upon vote, the motion carried unanimously.
Chm. Williams stated for the record that she did oppose the taking over
of the Human Relations at this time.
Copies of both OrdinancES are contained in Exhibit Book VII, Page 68, and in
the Ordinance Book in the Clerk's Office.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND COUNTY MANAGER
REQUEST FOR NOMINATION OF GEN. ANDREW HARRISS FOR VOLUNTEER AWARD
Comm. Gottovi moved, seconded by Chm. Williams, to nominate Gen Andrew H.
Harriss, Jr. for an Individual Community Leadership Award for his volunteer
work in connection with his coordinating the County's energy problems.
Upon vote, the motion carried unanimously.
DISSUSSION ON REPEAL OF SAND DUNE ORDINANCE
Comm. Gottovi stated that she felt that since the State had changed its
legal mechanism under which the sand dune ordinance was enforced, the
County Sand Dune Ordinance needed to be repealed to keep people from
being double charged and requested that the County'Attorney look into
that matter.
ALTERATIONS TO AIRPORT CONTROL TOWER
County Manager Cooper explained the modifications requested by the FAA
at the Air Traffic Control Tower and stated that the Airport Commission
had recommended approval. The modifications did not require the expen-
diture of additional County funds nor did it require an amendment to the
lease agreement.
,Comm~:Armistead moved, seconded by Comm. Gottovi, to approve the addition
of 4200 square feet of parking space at the Air Trafficc Control Tower and
to allow the FAA to slightly modify an existing room to accommodate their
space requirements. Upon vote, the motion carried unanimously.
AMENDMENTS TO FAA LEASE
Comm. Armistead moved, seconded by Comm. Gottovi, to approve Supplemental
Agreement No. 1 and Supplemental Agreement No. 2 to the FAA Lease No.
DOTFA802012319 which would add rooms contained in the Tower structure to
the Lease Agreement. Upon vote, the motion carried unanimously.
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BUDGET AMENDMENT - LAW ENFORCEMENT CENTER
Upon motion by Comm. Gottovi, seconded bY'.Comm. O'Shields, the following
budget amendment to complete landscaping/ere Law Enforcement Center Plaza
was unanimously approved.
Debit - Acct. #77 575 80, Contingencies
Credit - Acct. #77 575 79, Law Enforcement Center
Landscaping
$750.
.
.
$750.
DISCUSSION ON FLEMINGTON WATER SYSTEM BIDS
County Manager Cooper reported that bids had been received on the Flemington
Water System and that he and Henry von Oesen would get together and have
the Contracts and Ordinance ready for Wednesday night.
Mrs. Eva Yates commented
Mr. W. N. Jordan commented
ADOPTION OF RESOLUTION AUTHORIZING ENTRY TO PROPERTY FOR SURVEYS, BORINGS, ETC.
Upon motion by Comm. O'Shields, seconded by Comm. Armistead, the following
Resolution to obtain entry to the W. F. Sledge property was unanimously adopted.
620
MINUTES OF REGULAR MEETING, JUNE 16, 1980
ADOPTION OF RESOLUTION AUTHORIZING ENTRY TO PROPERTY FOR SURVEYS, IDRING.
ETC. (CONTINUED)
RESOLUTION OF THE BOARD OF COMMISSIONERS OF
NEW HANOVER COUNTY
June 16, 1980
WHEREAS:
1. In exerclslng the power of eminent domain, New Hanover
County may in its discretion use the procedures of Chapter 160A, Article
II of the General Statutes of North Carolina, as authorized by North
Carolina General Statute Section 153A-159.
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2., Pursuant to North Carolina General Statute Section 160A-263,
New Hanover County, without':having adopted a preliminary condemnation
resolution, depositing any sum, or taking any other action provided for
in the af9resaid Article II, is authorized to enter upon any lands to
make surveys, borings, examinations and appraisals as may be necessary
or expedient in carrying out and performing its rights or duties under
the aforesaid Article II.
3. It is necessary or expedient that New Hanover County enter
upon the lands of William F. Sledge situated in Cape Fear Township,
New Hanover County, for the aforesaid purposes.
4. New Hanover County shall make reimbursement for any damage
resulting from said activities.
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NOW, THEREFORE, it is herewith resolved:
1. New Hanover County, through its agents or employees, shall
enter upon the lands of William F. Sledge situated in Cape Fear Township,
New Hanover County, 'to make surveys, borings, examinations and appraisals
as may be necessary or expedient in carrying out and performing 'its~,
rights or duties under Chapter 160A, Article II of the General Statutes
of North Carolina, such entry to occur on or after July 21, 1980.
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2. A certified copy of this resolution, constituting notice
of such intended entry, shall be served upon William F. Sledge and wife,
Katherine C.' Sledge, by the, Sheriff of New Hanover County or by mailing
a copy of the resolution and notice by certified mail, return receipt
requested, postage prepaid, addressed to William F. Sledge and to Kath-
erine C. Sledge at their last known address, to wit, Post Office Box 523,
Whiteville, North Carolina 28472.
This 16th day of June, 1980.
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Armistead, that the meeting be re-
cessed to Executive Session to discuss committee appointments and legal matters.
Upon vote, the motion carried unanimously.
Chm. Williams recessed the meeting to Executive Session at 10:54 o'clock a. m.
Chm. Williams reconvened the meeting to Public Session at 12:05 o'clock p. m.
ADJOURNMENT
Comm. Armistead moved, seconded by Comm. O'Shields, that the meeting be ad-
journed. Upon vote, the motion carried unanimously.
Chm. Williams adjourned the meeting at 12:05 o'clock p. m.
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Respectfully submitted,
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Alyce B. Rusmisell
Clerk to the Board