1994-10-17 Regular Meeting
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~~NUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 333
ASSEMBLY ~
The New Hanover County Board of Commissioners met in Regular
Session on Monday, October 17, 1994, at 9:00 A.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Reverend Bo Baker, Pastor of the Pentecostal Church of
Wilmington, gave the invocation.
Vice-Chairman Mathews led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
M~tion:
Sisson
,MOTION
Vice-Chairman Mathews MOVED,
to approve the Consent Agenda as
CARRIED UNANIMOUSLY.
SECONDED by Commissioner
presented. Upon vote, the
CONSENT AGENDA
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Approval of Resolution Requesting the Addition of Roads in
Summerfield Subdivision, section 5, to the state Highway System
The Commissioners adopted a resolution to request the N. C.
Department of Transportation to add Summerfield Subdivision,
section 5, to the state Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 21.
Adoption of Resolution for the Sale of Surplus Property Jointly
OWned by New"'Hanover county and the city of Wilmington - 719
Wooster Street
, The Commissioners adopted a resolution accepting an offer to
sale surplus"pr,operty owned jointly by New Hanover County and the
City of Wilmington identified as follows:
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Parcel No.
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Market
Value
Address
Offer
Tax Value
054-09-022-017.000 719 Wooster st. $1,400 $1,865
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Offeror: John Sampson
1007 S. 5th Street
Wilmingt9n, N. C.
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The offer w1~1 be duly advertised for upset bid.
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A copy ~f the r~solution is hereby incorporated as a part of
the minutes and 'is Icontained in Exhibit Book XXII, Page 21.
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Authorizat1on to F1le Ch1ld Care an,d Development Block Grant
Application - New 'Hanover county cooperative Extension
"'4~~,,':i'The COnmlissiori'ersiauthorized the Cooperative Extension to file
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a' Child Care and" Devel'opment Block grant appl1catl.on 1n the amount
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$1,400
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MINUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 334.
of $34,474 to fund a second site at Blount Elementary School for
the provision of day care. This approval is contingent upon the
condition that if state funding should cease the County will not
assume financial responsibility of the program. The funds will be
used to hire a system manager to facilitate the opening of a new
site and a site manager. There is no re>quired County match;
however, in-kind services will be used.
Adoption of Federal Forfeited property Project Ordinance and
Approval of Budget Amendment #95-15
The Commissioners approved the following Budget Amendment and
Project Ordinance to establish a budget for the management of
Federal Forfeited Property revenues.
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A copy of the Project Ordinance is hereby incorporated as a
part of the minutes and is contained in Exhibit Book XXII, Page 21.
Budget Amendment #95-15
project
Federal Forfeited Property capital
Debit
Credit
Federal Forfeited Propertv
Capital proiect
Federal Forfeited Property
$115,568
Federal Forfeited Propertv
Capital proiect
Beepers and Pagers
Maintenance and Repair-Equipment
Supplies
Capital Outlay
Motor Vehicles
$ 2,500
500
28,257
25,886
58,425
Sheriff's Department/Federal
"Forfeited Property
Federal Forfeited Property
$201,907
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Sheriff's Department/Federal
Forfeited Property
Beepers and Pagers
Maintenance & Repair-Equipment
Supplies
Capital Outlay
Motor Vehicles
$ 2,500
500
43,257
97,225
58,425
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Adoption of Resolution to Release State Funds to Cape Fear Council
of Governments
The Commissioners adopted a resolution to request the release
of State funds in the amount of $13,359.50 to the Cape Fear Council
of Governments.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 21.
Adoption of Controlled Substance Tax project Ordinance and Approval
of Budget Amendment #95-16 '
The Commissioners approved the following Budget Amendment and
project Ordinance to establish a budget for the management of
Controlled Substance Tax revenues.
A copy of the Project Ordinance is hereby incorporated as a
part of the minutes and is contained in. Exhibit Book XXII, Page 21.
Budget Amendment #95-16 - Controlled Substance Tax capital project
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Debit
Credit
Controlled Substance Tax
Capital proiect
Controlled Substance Tax
$72,134
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MENUTES OF REGULAR MEETING, OCTOBER 17, 1994
(Budget Amendment #95-16 continued)
PAGE 335
Controlled Substance Tax
Capital proiect
supplies
Capital Outlay
Motor Vehicl!,!s
Debit
Credit
$19,827
40,000
12,307
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Sheriff's Department/Controlled
Substance Tax
Controlled Substance Tax
$72,134
Sheriff's Department
Controlled Substance Tax
Supplies
Capital Outlay
Motor Vehicles
$19,827
40,000
12,307
Release of Value - Tax Department
The Commissioners released the following late listing
penalties since the taxpayers certified they had mailed their
listing during the regular listing period:
County Seat Stores, Inc.
Roseman, Irvin A. DDS, PA
Snoop Aviation Incorporation
Tate, Jerry Leonard & Linda K.
$54.58
$27.89
$33.92
$60.64
The Commissioners granted
Citizen/Disability Exclusion:
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following
Senior
Pickett, William F. & Lucille B.
$15,000
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The application and letter concerning the late filing are
available upon request.
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The
penalties
commissioners released the following certification
as this was the first offense for each taxpayer:
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Keating, Robert John
Preo, George Joseph
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$100
$100
The Commissioners approved a delinquent application for a
property tax exemption for the following organization:
New Horizons .Elementary School R06614-004-003-000
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The application and letter explaining the late application is
av~il<,lble in the Tax Office upon request.
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Automobile Tax Appeal - Sherry Street and Charles E. Darwin
, The Commissioners released the taxes on a 1986 Chevrolet as
recommended by,'lhe Tax Administrator. The owners appealed the tax
in'Small Claims Court and received a refund as settlement for the
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purchase of a defective automobile.
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Approval of Tax Collection Reports Through September 30, 1994
The Commissioners approved the following Tax Collection
Reports through September 30, 1994:
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New ,Hanover County Tax Collections
New Hanover County Fire District Tax Collections
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, cppies of,the'reports.are hereby .incorporated as a part of the
~!nutes and are contained in Exhibit Book XXII, Page 21.
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PRESE~ATION OFf~EW HANOVER COUNTY EMPLOYEE SERVICE AWARDS
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. ~ '?""County Manager O'tNeal requested the following employees to
step .forward' to. receive Service Awards from the County
Commissioners:
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MINUTES OF REGULAR MEETING, OCTOBER 17, 1994 PAGE 336,
Name Years of Service
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Grady Hobbs, Inspections
Toni E. Moser, Inspections
Joan B. Alexander, Health Dept.
Name
5
5
5
Years of Service
Travis C. RObinson, Sheriff's Dept.
Mary E. Gainey, Social Services
Sara J. Rhodes, Social Services
Pamela F. Smith, social Services
Donna J. Tartt, Social Services
5
5
5
5
5
Jamie Kilgore, Health Dept.
Cynthia M. Newton, Health Dept.
Sandra B. Baham, Register of Deeds
Stephen A. Jones, Sheriff's Dept.
10
10
10
10
Ophelia T. Brown, Social Services
Janet Seapker, Cape Fear Museum
15
15
Anthony A. Hobbs, Inspections
25
Chairman Greer, on behalf of the Board, expressed appreciation
to the employees for their years of dedicated service to New
Hanover County.
MODIFICATION OF THE FAMILY AND MEDICAL LEAVE ACT POLICY
Director of Human Resources, Andre' Mallette, requested
approval of a modification to the Family and Medical Leave Act
(FMLA) to avoid penalizing employees who have not abused paid
leave. In administering the current policy for a period of one
year, it has been shown that the mandatory exhaustion of all paid
leave is unfair to loyal employees who are conscientious and do not
abuse paid leave privileges. The current policy does not allow
these employees to keep a cushion of paid leave to cover absences
after they return from family medical leave. In order to address
this issue, the proposed amendment would allow the employee covered
under the FMLA policy to exhaust all but forty (40) hours of
personal leave and provide a pro-rated amount for part-time
employees before going into a leave without pay status. Staff
recommends approval of this amendment because retention of some
Personal Leave provides the employee with more flexibility than
sick Leave, which by policy, can only be used for medical absences.
Motion: After a lengthy discussion on the use of personal and sick
leave in conjunction with family medical leave, Commissioner Barone
MOVED, SECONDED by Commissioner Caster to approve the amendment to
the Family and Medical Leave Act Policy as recommended by the
Director of Human Resources. Upon' vote, the MOTION CARRIED
UNANIMOUSLY.
AUTHORIZATION FOR CONSTRUCTION OF A RECEPTION CENTER FOR THE NEW
HANOVER COUNTY ARBORETUM FOUNDATION
Director of Cooperative Extension Service, Phil Ricks,
introduced Mr. Bob Iseley ,a member of the Arboretum Foundation and
Chairman of the Reception Building Committee. He requested Mr.
Iseley to present a schematic design of the proposed Reception
Center.
Mr. Iseley presented the design of the front, side, and back
views of the building. The building will be approximately 2,000
square feet and will be designed so the structure can be
constructed at a reasonable cost. If the Commissioners approve the
project, construction will begin early next year.
Director Ricks reported the proposed Reception Center will
replace the current gate house and pump house facility. The Center
will be operated seven days a week by volunteers' and provide the
following benefits to the Arboretum:
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MINUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 337
(1)
A lobby with a reception desk for the registration of
visitors, a place for the solicitation of contributions,
and a display for Arboretum literature.
(2)
(3)
Handicapped accessible restrooms for the p~blic.
Improved facilities for the Garden H;'tline and Plimt
Clinic operated by the volunteer Master Gardeners.
(4) Relocation of the water tank and associated equipment for
the 'irrigation system at the Arboretum.
(5)' storage closets for janitorial and mechanical. equipment.
The estimated cost of the building is $80,000. The Arboretum
Foundation has $40,000 already earmarked for the project and feels
that an additional $20,000 to $30,000 can be raised froin the
upcoming Garden Show and the pledges that have been received from
the community. If the Arboretum Foundation should need additional
funding, the County would, be requested to use the funds already
budgeted for repair of the pump house. Once the building is
completed and the certificate of Occupancy is received, the
building will be deeded to New Hanover County.
Discussion was held on the County Manager's recommendation to
require County approval of construction plans prior to starting the
building project and limit the County's funding contribution to
funds presently budgeted for repair of the pump house. Director
Ricks informed tne Board that the Arboretum Foundation does not
have' any concerns with the County Manager's recommendations and
fe~el tne County may not have to be asked to contribute to the
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Motion: commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the construction of the Reception Center
confingent upon the following conditions: (1) a County review and
"approva,l of' all design and construction plans prior to
c,onstructioni and (2). a County contribution of no more than the
funa~..presently budgeted for repair of the pump house. The floor
vfas .operu:id?;for. discussion.
commissioner Barone complimented the Arboretum Foundation for
the idea of opening a gift shop and inquired as to how the monies
collected froin,the gift shop will be used?
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" Director -Ricks reported the funds collected from the gift shop
will go to the Arporetum Foundation for future Arboretum projects.
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Upon vote, the MOTION CARRIED UNANIMOUSLY.
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Chairtnan Greer, on behalf of the Board, expressed appreciation
ts> the members- ,:of the: Arboretum Foundation and the Cooperative
Extension seryice for the time and effort given by the volunteers
cind St<iff to':,promote the New Hanover County Arboretum.
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CONSIDERATION OF'R~SOLUTION OF INTENT TO CLOSE PORTIONS OF WOODLAWN
AVENUE AND CENTRAL AVENUE IN THE SUMMER REST NEIGHBORHOOD
::. '''::;Planri:i;ng;o.iF,~g'tor, Dexter Hayes, reported on the following
concer6s i~~~he'Resolution of Intent is adopted:
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,'t:;. Addi tional"~;c'ess to the County bikepath may be eliminated if
t;hese-~rqa? "se'gmepts are closed.
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2 . Future opport).lni ties to make improvements to any of these
facilities 'would be restricted.
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3. The County 'may require utility, drainage, or maintenance
,: easements"along these dedicated rights-of-way,
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MINUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 338
Planning Director Hayes informed the Board about recent
conversations that have been held with Landfall Associates
pertaining to Landfall deeding the remaining property on the
outside of the bikepath to New Hanover County. If Landfall
Associates decide to deed the property to the County, this would
allow for improvements to Cedar S1;reet and also provide a nice
public access in this area near th~ bikepath.
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Attorney J. C. Hearne, repres~nting one of the petitioners,
John Tinney, apologized for being :late and reported he would be
glad to answer any questions about:the road closing request.
Chairman Greer expressed concern for no access to Cedar Road.
Attorney Hearne reported Cedar Road wraps around and meets a
portion of Central Avenue which touches the bikepath; therefore,
this point could be used as a method of ingress and egress for the
bikepath.
commissioner sisson expressed concern for emergency access to
surrounding properties and stated, in his opinion, this would be a
problem if portions of Woodlawn Avenue and Central Avenue were
closed.
commissioner Barone agreed and stated she is not in favor of
having only one way to go in and out of a neighborhood.
After further discussion, NO ACTION WAS TAKEN.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
by Commissioner Barone
Regular Meeting of the
Upon vote, the MOTION
Motion: Commissioner Caster MOVED, SECONDED
to convene from Regular Session to hold a
New Hanover'county Water & Sewer District.
CARRIED UNANIMOUSLY.
Chairman Greer convened to Regular Session at 9:50 A.M.
Motion: Commissioner Barone MOVED,
to reconvene to Regular Session.
UNANIMOUSLY.
SECONDED by Commissioner Caster
Upon vote, the MOTION CARRIED
Chairman Greer reconvened to Regular Session at 9:52 A.M.
ADDITIONAL ITEMS - COUNTY'MANAGER
Adoption of Resolution to Approve Corrected Contract (#95-0100)
with N. C. Correction Enterprises of the N. C. Department of
Correction For Inmate Labor at WASTEC and the Landfill
County Manager O'Neal requested adoption of a resolution to
approve a corrected contract with N. C. Correction Enterprises of
the N. C. Department of Correction to reflect a pay increase to
State employees implemented ~t the beginning of the FY 1994-95.
The daily cost for inmate labor at WASTEC and the Landfill
increased from $211.50 to $225.00 for an estimated cost of
$56,447.50 annually.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner sisson
to adopt the resolution approving the corrected contract as
requested and authorize' the Chairman to execute, the necessary
contract documents. upon vote, the MOTION CARRIED UNANIMOUSLY.
>< A copy of the contract is on file in the Legal Department.
Approval of Budget Amendment #95-11 - Museum capital project Fund
Director of the Museum, Janet Seapker, commented on the need
to modify certain items at the expanded Museum and requested the
commiss'ioners to authori:;o;e the use of interest that has accumulated
in the Museum Capital Project in the amount of $183,273 for
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MINUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 339
completion of the following items as recommende'd by the Museum
Board of Trustees:
Design & construction of two (2) outdoor galleries
$150,000
switch auditorium kitchen and chair closet
$ 26,437
$ 4,836
Exhibit motion detectors for vignettes
Harnett vignette backdrop
$ 2.000
$183.273
TOTAL
Motion: Commission sisson MOVED, SECONDED by Commissioner Caster
to approve the following Budget Amendment and authorize the Museum
to proceed with the improvements as recommended by the Museum Board
of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #95-11 - Museum Expansion - Capital Project
Debit
Credit
Museum Expansion Capital proiect
Interest on Investments
$183,273
Museum Expansion Capital proiect
other Improvem7nts
$183,273
WAIVER OF TIP FEE FOR THE WILMINGTON WEST ROTARY CLUB
, County Manager O'Neal reported the Wilmington West Rotary Club
is sponsoring a fund raiser for the UNC-W scholarship fund and will
be;constructing a "Haunted House" at 3302 Market Street. The Club
nas 'requested the County to waive the tip fee for disposal of
c6n~truction debris.
Commissioner Barone inquired as to whether other organizations
of ~his type have requested a waiver in the past?
County Manager O'Neal reported this is the first request from
th~s type of organization.
Motion: Commissioner Sisson MOVED, SECONDED by Chairman Greer to
waive the tip fee'as requested by the Wilmington West Rotary Club.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Future Presentation on county Fire Service
r' Commissioner Sisson reported due to a conflict in schedules,
the Fire ,Commission was not able to present its report on the
fUt;ure of ,County Fire Service. Hopefully, the report will be
presented o~ November 21, 1994.
Reception to be Held by the Southeastern Center for Introduction of
New Director
, Commissioner Sisson reported the Commissioners will be
receiving an invitation to attend a reception to meet Dr. Art
Costantini, the new Director of the Southeastern Center. All
elected officials from the tri-county area will be invited to
attend the reception.
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Discussion on the provision of Bikepaths
Commissioner Sisson reported on numerous complaints about no
space 'for'bicycles along the roads in the County and recommended
req~esting the N. C. Department of Transportation to provide bike
space when repaving roads.
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Report on Ogden Interception Project Review Committee Meeting
'. ,< Commissioner Barone reported the Review Committee for the
Ogden Interceptor Project met to review seven proposals that were
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H.~NUTES OF REGULAR MEETING, OCTOBER 17, 1994
PAGE 340
received for the project. She informed the Board that a copy of
each proposal would be left in the office so each member of the
Board could review the proposals.
Report on the Taxation and Finance steering Subcommittee Meeting of
the North Carolina Association of County Commissioners (NCACC)
commissioner Barone reported during the past year the Taxation
and Finance Steering Subcommittee has prepared recommendations to
submit to the NCACC Legislative Goals committee. The final meeting
will be held on Wednesday; and due to the Employee Appreciation
Luncheon, she will not be able to attend; however, the Internal
Auditor, Barbara McClure, plans to attend and will bring back the
list of recommendations. The County Manager and County Attorney
will review the recommendations to see if there are any items of
concern to the County.
REMINDER OF THE EMPLOYEE APPRECIATION LUNCHEON
County Manager O'Neal reminded the Commissioners of the
Employee Appreciation Luncheon scheduled for October 19, 1994, and
requested the members of the Board to be present at 11:15 A.M.
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:10 A.M.
Respectfully submitted,
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Lucie F. Harrell
Clerk to the Board
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