1985-09-18 Regular Meeting
984
MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Wednesday, September 18, 1985, at 9:08 o'clock A.M. in
the Assembly Room of the New Hanover County Administration
Building, 320 Chestnut Street, Wilmington, North Carolina.
Members present were: Commissioners John Dolan; Claud
O'Shields, Jr; Fred Retchin; Vice~Chairman Jonathan Barfield,
Sr.; Chairman Nolan O'Neal; Assistant County Manager, Mary
Gornto; County Attorney, Robert W. Pope; and Clerk to the Board,
Lucie F. Harrell.
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Reverend Arthur H. Williams, Jr., Pastor of Pearsall
Memorial Presbyterian Church, gave the invocation.
Chairman O'Neal called the meeting to order.
APPROVAL OF MINUTES
Commissioner Retchin MOVED,. SECONDED by Commissioner
O'Shields to approve the minutes of the Regular Meeting of August
19, 1985, as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman O'Neal asked if any member of the general public
wished to address the Commissioners on any item listed on the
Consent Agenda or any subject not listed on the Regular Agenda.
No one commented.
APPROVAL OF CONSENT AGENDA
Commissioner Retchin requested an explanation of Item #4,
Contract for Water Supply Well, New Hanover County Red Brick
Courthouse. Director of Engineering, Ed Hilton, stated the
purpose of the well was for a water source heat pump which
required a cheap, reliable source of water. County Attorney Pope
recommended approval of this item contingent to minor changes by
the Legal Department.
Commissioner .Retchin commented on the delay in contracts
submitted by Aging Services questioning why so late. Assistant
County Attorney Silliman stated the requests had been made in the
middle of July but with other pressing issues, the Legal
Department had completed the contracts.
Commissioner Dolan commented on complaints received about
cold meals and the poor condition of the food being delivered.
After further discussion, it was the consensus of Board for the
Assistant County Manager to arrange for spot checks of the meals
from time to time to be sure the elderly citizens of the County
are receiving nutritious meals.
Commissioner Dolan MOVED, SECONDED by Commissioner Retchin
to approve the following Consent Agenda items. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
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Approval of Report of Collector of Revenue through August 31,
1985
The Commissioners approved the Collector of Revenue Report
through August 31, 1985, as presented.
A copy of the report is contained in Exhibit Book XIII, Page
26.
Approval of Tax Abatements and Refunds
The Commissioners approved the list of tax abatements and
refunds as presented by the Tax Administrator.
A copy of the list is contained in Exhibit Book XIII, Page
26.
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985
MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)'
Adoption of Resolution for Adddition of Road to State Secondary
Road System
The Commissioners adopted a resolution for addition of the
following roads to the State Secondary Road System:
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Rice Road off Greenville Loop Road (Div. File #S22-A)
Doughton & Tara Drives, Colony Circle (Div. File #524-N)
Racine Drive (Div. File #530-N)
A copy of the resolution is contained in Exhibit Book XIII,
Page 26.
Approval of Award of Contract for Water Supply Well - New Hanover
County Red Brick Courthouse - Engineering Department
The Commissioners approved award of contract in the amount
of $15,000 to Skipper's Well Drilling and Pump Service for a
water supply well for the water heat pump system at the Old Brick
Courthouse contingent to minor changes by the Legal Department.
A copy of the contract is on file in the County ~anager's
office.
Acceptance of Coastal Area Management Act (CANA) Grant for 1985-
86 Land Use Plan - Planning Department ". , .
The Commissioners accepted a CAMA Grant for 1985-86
approving a contract to provide a cash match of $938 for updating
the New Hanover County Land Use Plan with approval of the
following Budget. Amendment:
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CAMA Grant
Debit
$8,438
Credit
Salaries
Printing
Supplies
Auto Allowance
CAMA Flow
$'5 , 800
1,000
400
300
938
A copy of the resolution is contained in Exhibit Book XIII,
Page.27.
Award of Bid to IMB for Work Stations, Printers, and Mainframe
Computer Equipment - Management Information Systems Department
The Commissioners awarded the bid in the amount of
$70,596.80 to International Business Machines for work stations,
printers and mainframe computer equipment for the MIS Department.
A copy of the resolution is contained in Exhibit Book XIII,
Page 27.
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Approval .of. .Nutrition, Contract with ARA 'Services, Inc.
Department of Aging
The Commissioners approved a contract with ARA Service, Inc.
to deliver meals to nutrition sites for the Department of Aging
at a cost of $2.0064 perc,meal.
Approval of Contracts for Nutrition Site - Department of Aging
The Commissioners approved contracts for Nutrition Sites
with Warner Temple in the amount of $85.00 per month and St.
Paul's United Methodist Church in the amount of $50~00 per month.
Approval of Contract with Wilmington Transit Authority
Department of Aging
The Commissioners approved a contract with The Wilmington
Transit Authority for transportation services for the Department
of Aging at a rate of $22.00 per hour.
986
MINUTES OF REGULAR MEETINGr SEPTEMBER'18r 1985 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Approval of Destruction of Records - Personnel Department
The Commissioners approved the destruction of Workers'
Compensation Claim Files for the years 1978, 1979, and 1980
according to the Records Retention Policy.
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Approval of Physical Therapist II Position - Health Department
The Commissioners approved a Physical Therapist II position
in the Home Health Program.
Approval of Budget Amendment for Pleasure Island Rescue Squad
The Commissioners approved the following Budget Amendment
for the Town of Carolina Beach's contribution to the Pleasure
Island Rescue Squad:
86-00000041 - Rescue Squad - Pleasure Island
Contribution from Carolina Beach
Debit
$20,000
Credit
Contracted Services
$20,000
Authorization for Finance Director to Dispose of County
in Joint 'Auction with City of Wilmington .
The Commissioners authorized the Finance Director to
of various vehicles and equipment through a joint public
with the City of Wilmington on September 28, 1985.
Property
dispose
auction
MEETING RECESSED FOR WATER AND SEWER DISTRICT MEETING
Chairman O'Neal recessed the regular meeting for a meeting
of the Water and Sewer District from 9:19 o'clock A.M. to 9:27
o'clock A.M.
DENIAL OF APPEAL BY L. PATRICK LANE FOR RELEASE OF TAX PENALTIES
Mr. L. Patrick Lane appeared before the Commissioners
requesting abatement of penalties on rental property at Carolina
Beach. He stated at the time he received the listing forms from
the Tax Department he had not received the rental lease
reflecting the names of the tenants and specific information
necessary to fill out the tax forms. He stated the postdate was
two days late but requested consideraton of the Board in abating
penalties in the amount of $196.30.
Chairman O'Neal expressed concern for not being consistent
in all abatement hearings.
Tax Administrator Register stated the General Statutes
made the decision based upon the cancelled postdate which in this
case was February 2, 1985.
After discussion, Commissioner 0' Shields MOVED, SECONDED by
Vice-Chairman Barfield to deny abatement of the filing penalties
based on the late postmark. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
ABATEMENT OF TAX LISTING PENALTY - MARK PERO
Tax Administrator Register gave background information on
the appeal of penalty for Mark Pero stating he lives in Prague,
Czechoslovakia and the following should be considered:
1. Taxpayer purchased the property in July 1984. It is not
known whether he was a North Carolina resident before his
overseas consignment. On January 28, he was at least
knowledgeable of the January 31 deadline and the extension
provisions.
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MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985 (CONTINUED)
ABATEMENT REQUEST OF TAX LISTING PENALTY - MARK PERO (CONTINUED)
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2. Although the letter was written January 28, the postmark
affixed was February 3, in Atlanta, Georgia. It is not known
why the listing was not returned promptly and directly from
Prague to the tax office. Un~er N. C. General Statutes the
lis~ing w~s deemed to be filed February ~
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.., 3.' : We hav'e previously denied requests based upon overseas
assignments and appeals based upon not knowing North Carolina
property tax laws. This decision may set precedents regarding
overseas assignments of military and civilian persons" and that
unfami~iarity with statutes may al19w us to give consent on
future appeals.
Commissioner Dolan commented on the APO mail system stating
the delays were not uncommon.
Commissioner 0' Shields commented on the fact that the
individual knows he has to list taxes by January 31 and should be
responsib+e for mailing in an extension request well in advance.
After discussion, Vice-Chairman Barfleld MOVED, SECONDED by
Commissioner Dolan to abate the penalty in the amount of $91.19
due a possible delay in the mail system. Upon vote, the .MOTION
CARRIED AS' FOLLOWS:
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Voting Aye: Commissioner. Dolan
Commissioner Retchin
Vice-Chairman Barfield
Chairman O'Neal
Voting Noe: .Commissioner 0' Shields
APPROVAL QF TAX REFUND - ROBERT CALENTINE
~ax Admin~strator Register requested refund for the tax. year
1984 in the amount of $527.93 to Robert. Calentine stating this
would be a normal Consent Agenda Item.
Commissioner Retchin MOVED, SECONDED Vice-Chairman Barfield
to refund $527.93 to Robert Calentine as recommended by.Tax
Administrator Register. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF LETTER OF ASSURANCE TO CORPS OF ENGINEERS FOR
DREDGING PROJECT
Engineering Director Ed Hilton g?-v,e background information
on the request stating New Hanover County had agreed to be
responsible for diking costs, currently estimated at $40,000,
which work is performed by the Corps of .Engineers. He stated the
County had already applied to State for participation in the
local share stating in the past the State had funded 80% of the
local share.
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. After discussion, Commissioner.O'Shields MOVED, SECONDED by
Commissioner Retchin to authori ze funding in the amount of
$40,000 with a Letter of Assurance being forwarded the the Corps
of Engineers. Upon vote, the MOTIO~ CARRIED.UNANIMOUSLY. .
ADOPTION OF RESOLUTION FOR IMPLEMENTATION OF FAIR LABOR STANDARDS
ACT
Personnel Director Mallette gave, background information on
the Fair Labor Standards Act requesting revision to the' County
Personnel Policy regarding overtime~ adoption of a resolution
exempting public safety personnel under the. provisions of Section
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MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985 (CONTINUED)
ADOPTION OF RESOLUTIONS FOR IMPLEMENTATION OF FAIR LABOR
STANDARDS ACT (CONTINUED)
7(k) of the Fair Labor Standards Act~ adoption of a resolution
exempting aircrash firefighter personnel under the provisions of
Section 7(k) of the Fair Labor Standards Act~ and approval of
payment of overtime compensation due employees for time worked
between April 5, 1985 to July 2, 1985, in the aIp.ount of
$34,139.60.
After discussion, Vice-Chairman Barfield MOVED, SECONDED by
Commissioner Dolan to (1) revise the Personnel Policy~ (2) adopt
proposed resolutions~ and (3) approve overtime pay as recommended
by the Personnel Director. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Copies of the resolutions are contained in Exhibit Book
XIII, Page 28.
BREAK
Chairman O'Neal recessed the meeting for a break from 9: 52
o'clock A.M. to 10:02 o'clock A.M.
DISCUSSION OF-LENGTHY MEETINGS
Commissioner Retchin expressed concern for lengthy meetings
and decisions being made at late hours. He commented on the
procedures adopted on May 18, 1981, recommending the possibility
of a third meeting each month, if necessary. He stated business
should be conducted in an orderly, professional manner at all
times.
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After a period of discussion on (1) enforcing three minutes
for speakers on Non-Agenda and Regular Agenda i tems ~ (2)
limi ting breaks to 15 minutes ~ (3) studying of agenda items
before meetings requesting Staff assistance on items of concern~
(4) requesting County Commissioners to limit discuss~on on
additional items to three minutes scheduling a work session for
issues of importance~ (5) requesting the County Manager to limit
the number of items placed on an agenda and call for a third
meeting, if necessary~ (6) requesting the County Manager to limit
additional items whenever possible, it was the consensus of the
Board to corporate among themselves 'and with the County Manager
in achieving these goals.
Vice-Chairman Barfield expressed concern for additional
items being presented at a late hour and making decisions in
haste.
After further discussion, it was the consensus of the Board
to request the County Manager and Clerk to decide in advance when
to schedule Special Meetings when receiving a lengthy Public
Hearing agenda with a separate agenda being prepared for each
meeting.
COMMITTEE APPOINTMENTS
POSTPONEMENT OF APPOINTMENTS' TO NEW HANOVER MEMORIAL 'HOSPITAL
BOARD OF TRUSTEES
Commissioner O'Shields expressed concern for acceptance of
applications on the date of appointment stating in the past an
application had to be received and on file seven days in advanced.
After discussion, Commissioner Dolan MOVED to waive the 7-
day period and fill the vacancies'now. The MOTION FAILED due to
not receiving a SECOND.
After further discussion, Commissioner Dolan MOVED, SECONDED
by Commissioner Retchin to postpone appointments to the Hospital
Board of Trustees placing this item on the agenda for the
October 7, 1985, meeting, readvertising the vacancies with a
deadline of September 30, 1985.
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MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985 (CONTINUED)
COMMITTEE APPOINTMENTS (CONTINUED)
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D~ADLINES PLACED ON ADS FOR RECEIPT OF APPLICATIONS FOR
APPOINTMENTS ~~ ~OARDS, COMMISSIONS, AND COMMITTEES
Afte~ discussion, it was the consensus of the Board to place
deadlines for receipt of applications on all ads placed in the
newspaper for appointmentS to Boards, Commissions, and Committees.
APPOINTMENT OF EMILY COXE TO COUNCIL ON THE STATUS OF WOMEN
Commissioner Dolan MOVED, SECONDED by Commissioner Retchin
to appoint Ms. Emily Coxe to serve an unexpired term on the
Council on the Status of Women expir~ng June 1, 1988. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
REQUEST TO READVERTISE FOR VACANCY ON PLANNING COMMISSION
After discussion, it was the consensus of the Board to
readvertise for applications to fill the vacancy on the Planning
Commission.
REAPPOINTMENT OF J. R. FULLW09D TO SOUTHEASTERN MENTAL HEALTH
AREA BOARD
Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Retchin to reappoint Mr. J. R. Fullwood to serv.e a four-year term
on the Southeastern Mental Health Area Board expiring June 15,
1989. Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman O'Neal recessed the, meeting for a break from 10:50
o'clock A.M. to 10:58 o'clock A.M.
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POSTPONEMENT OF EVALUATIONS ON COUNTY MANAGER AND CO~TY ATTORNEY
After discussion, Commissioner Retchin MOVED, SECONDED by
Commissioner Dolan to postpone the evaluations and request the
County Manager to furnish the Board with a self-evaluation. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
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After further discussion, it was the consensus of the Board
to perform the evaluations in a Special Session.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
DISCUSSION OF COUNTY EMPLOYMENT APPLICATION
Commissioner Dolan expressed concern for a case where a
County employee was arrested and charged of a theft at the
Airport stating the employee had keys to all Airport facilities ~
including secured areas. He stated he later found out the
individual was on parole questioning if th~s background
information was known by the Personnel Department or the
Department Supervisor at the date of hire. He expressed concern
for no question being placed on County Application forms with
reference to convictions of a crime in the past 10 years other
than misdemeanors or summary offenses stating no background
checks were made on County employees.
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Commissioner Dolan recommended establishing a program in
the Personnel Department to: (1) change the County employment
application forms to. indicate whether or not individuals bave a
past crimihal r~cord ahd (2) require a minimum background and
fingerprint check for all future County employees.
After a lengthy discussion of fingerprinting and background
checks, Assistant County Attorney Copley requested permission to
research the legal ramifications before taking action.
After further discussion, Commissioner Dolan MOVED, SECONDED
by Vice-Chairman Barfield to place the question of convictions on
the County application forms and perform a background check and
fingerprint check subject to recommendations by the Legal
Department. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, SEPTEMER 18, 1985 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
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A copy of the resolution is contained in Exhibit Book XIII,
Page 28.
After further discussion, it was the consensus of Board to
request the County Planning Staff to prepare an appropriate study
on the issuance of billboard or other sign permits by January 1,
1986, to be presented to the Commissioners.
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ADDITIONAL ITEMS - COUNTY MANAGER
AUTHORIZATION FOR COUNTY MANAGER TO ACCEPT FAA GRANT FOR AIRPORT
IMPROVEMENTS
Assistant County Manager Gornto presented an additional item
requesting acceptance of an FAA grant as the federal portion of
the AIP-03 funding.
After discussion, Commissioner Dolan MOVED, SECONDED by
Commissioner Retchin to authorize the County Manager to accept an
FAA grant in the amount of $2,458,419 for the East Ramp Access
Project, the New Airfield Lighting 'Project and Terminal Site
Preparation Project. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CANCELLATION OF LEASE FOR R & E ELECTRONICS, INC.
After a lengthy discussion,' Commissioner 0' Shields MOVED,
SECONDED by Commissioner Dolan to cancel the lease with R & E
Electronics effective September 18, 1985, with no refund of
money. Upon vote, the MOTION CARRIED UNANIMOUSLY.
After further discussion, it was the consensus of the Board
for the current lease be enforced if R & E elects not to accept
the cancellation of the lease.
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ACCEPTANCE OF CONTRACTS FOR REMOVAL OF GRAVES SITES ON SOUTH
17TH STREET PROPERTY
Assistant County Manager Gornto presented a proposal by Mr.
Phillip Ellen for preparation of two contracts: (1) to clean off
the site, probe and mark the graves for a cost of $20,000 which
is to be deduct~d from the total cost of the entire project; and
(2) a proposal for removal and re-burial at the Flemington site
of .s~ecified ~umber of graves (within 10%) as well as any
plott1ng, mark1ng or other statutory requirements. The fee for
this work. would be $125 per grave minus the $20,000 paid to him
for the f1rst contract.
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MINUTES OF REGULAR MEETING, SEPTEMBER 18, 1985 (CONTINUED)
APPROVAL OF PROPOSAL FOR REMOVAL OF GRAVE SITES ON SOUTH 17TH
STREET PROPERTY (CONTINUED)
After discussion, Commissioner Retchin MOVED, SECONDED by
Vice-Chairman Barfield to approve the proposal as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
'(au,JOURNMENT .
. Commissioner Retchin MOVED, SECONDED by Vice-Chairman
~~' Barfield to adjourn the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal adjourned the meeting at 11:50 o'clock P.M.
Respectfully submitted,
cE~:~
Clerk
MINUTES OF EMERGENCY MEETING, SEPTEMBER 26, 1985
ASSEMBLY
The New Hanover County Board of Commissioners met in an
Emergency Session on Monday, September :26,1985, at 9:03 o'clock
A.M. in the Law Enforcement Building, Wilmington, North Carolina.
Members present were: Commissioners Jack Dolan; Fred
.l,lt Retchin; Claud O'Shields, Jr.; Vice-Chairman Jonathan Barfield,
Sr.; Chairman Nolan O'Neal; County Manager, G. Felix Cooper;
.,' Assistant County Manager, Mary Gornto; Emergency Services
Y Director; Dan Summers; and Clerk to the Board, Lucie F. Harrell.
Chairman O'Neal called the meeting to order stating the
Emergency Services Director had requested the Emergency Meeting
to declare a state of emergency according to the New Hanover
County Code due to theJthreat of Hurricane Gloria.
STATE OF EMERGENCY.DECbARED
After discussion of procedures to be followed,. Commi~sioner
O'Shields MOVED, SECONDED by Commissioner Retchin to delegate its
Chairman to proclaim the existence of a state of emergency due
of the threat of Hurricane Gloria according to the New Hanover
County Code. Upon vote, the MOTION CARRIED UNANIMOUSLY.
After further discussion, Commissioner Dolan MOVED, SECONDED
by Commissioner Retchin to authorize the County Manager to
appropriate $75,000 for emergency uses and issue purchase orders
as necessary, if the hurricane reaches landfall in Wilmington.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Emergency Services Director Summers gave a brief summary of
evacuation procedures, handling of the Emergency Operations
'., Center, and the Commissioners' Command Post on the 5th floor of
~the County Administration Building.
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EMERGENCY MEETING RECESSED
Commissioner Dolan MOVED, SECONDED by Commissioner Retchin
to recess the Emergency Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal recessed the Emergency Session at 9:35
o'clock A.M.
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Lucie F. Harrell
Clerk