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1983-12-19 Regular Meeting 470 MINUTES OF SPECIAL MEETING, DECEMBER 12, 1984 (CONTINUED) ADJOURNMENT - CONTINUED Chairman Gottovi adjourned the meeting at 10:55 o'clock A.M. ~L?P~ctfUllY submitted, ~ V.Y/~ Lucie F. Smith Clerk MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 19, 1983, at 10:25 o'clock A.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.~ Donald P. Blake~ Nolan O'Neal~ Claud O'Shields, Jr.~ Chairman Karen E. Gottovi~ County Manager G. Felix Cooper~ County Attorney Robert W. Pope~ and Clerk to the Board Lucie F. Smith. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES OF REGULAR MEETING, DECEMBER 5, 1983 Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Regular Meeting of December 5, 1983, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF ANO WAKE ZONINGa Commissioner O'Neal asked County Attorney Pope if he had ascertained who had authority to establish "No Wake" zones. County Attorney Pope stated he was in the process of checking into this matter. After discussion, it was the consensus of the Board to discuss this issue at a meeting in January. NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present wished to speak on an item not listed on the agenda. No one commented. APPROVAL OF CONSENT AGENDA Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to approve the Consent Agenda as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF THE REPORT OF COLLECTOR OF REVENUE THROUGH NOVEMBER 30, 1983 The Commissioners approved the report of the Collector of Revenue through November 30, 1983. A copy of the report is contained in Exhibit Book XI, Page 8. APPROVAL OF TAX ABATEMENTS AND REFUNDS The Commissioners approved a list of tax abatements and refunds as presented by the Tax Administrator. A copy of the Tax Abatements and Refunds is contained in Exhibit Book IX, Page 8. ADOPTION OF RESOLUTION REQUESTING THE BROWN PELICAN NOT BE REMOVED FROM THE ENDANGERED SPECIES LIST The Commissioners adopted a resolution requesting the Brown Pelican not be removed from the endangered species list to be forwarded to the U. S. Department of Interior. After discussion, it was the consensus of the Board to request support from the other municipalities in the County. t'-.. 471 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) RESOLUTION - BROWN PELICAN (CONTINUED) A copy of the resolution is contained in Exhibit Book XI, Page 8. I AWARD OF CONTRACT TO BARNES & POWELL - ENGINE GENERATOR PROJECT (ADAP-OS & ADAP-06) - NEW HANOVER COUNTY AIRPORT The Commissioners awarded a contract for an alternate bid in the amount of $82,000 to Barnes & Powell for the engine generator project at the New Hanover County Airport. A copy of the contract is on file in the Manager's office. RECLASSIFICATION OF CLERK III POSITION TO PERMIT CLERK SUPERVISOR - INSPECTIONS DEPARTMENT The Commissioners approved the classification of one Clerk III position to Permit Clerk Supervisor at Salary Range 60 in the Inspection Department. SERVICE CONTRACT FOR TELEPHONE, .SYSTEM ... .' __' _ . The Com'missioners authorized the County' Manager ~t6 ex'ecute a service contract for the telephone system in the Administration Building in the amount of $219.00 per month with approval of the following Budget Amendment: Debit Credit - Acct.#ll - Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll Acct.#ll I 9800 4110 4121 4122 4131 4132 4141 4150 4170 4180 5861 4123 4196 4197 4350 5810 6120 4930 3390 911, 380, 381, 380, 381, 380, 380, 380, 380, 380, 380, 381, 381, 380, 380, 381, 381, 381, 890, Contingencies Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone Telephone $6,186 $ 249 249 178 465 284 1,387 142 178 498 355 36 249 284 960 248 71 284 69 CHANGE ORDERS G-17, G-18, AND H&A/C-1, JUDICIAL BUILDING - ENGlNEERING,DEPARTMENT The Commissioners approved Change Order G-17 in the amount of $3,934.52 for painting, steel fireproofing coating for penthouses, steel plates over elevator sump pits and installation of access door for elevator fan~ and Change Order G-18 in the amount of $6,956.00 for filling void with rock to replace curb and gutter repair paving where retaining wall failed~ and H&A/C-l in the amount of $301.35 to replace motor on fan for elevator shaft with approval of the following Budget Amendment: I Debit -Acct.#48 9800 911, Contingencies Credit -Acct.#48 4708 621, Gen. Contractor Acct.#48 4708 622, Heating & Air Condit. Contract $11,193 10,891 302 CHANGE ORDER P-4 - JUDICIAL BUILDING - ENGINEERING DEPARTMENT The Commissioners approved Change Order P-4 in the amount of $2,736 for installation of additional domestic water tap and four inch check valve in the fire department connection for the Judicial Building with approval of the following Budget Amendment: Debit -Acct.#48 9800 911, Contingencies Credit -Acct.#48 4708 624, Plumbing Contract $2,736 $2,736 472 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $ 4,000 to cover expenses incurred for a confidential operation by the Sheriff's Department: Debit -Acct.#ll 4311 100, Salaries & Wages Credit -Acct.#ll 4311 320, Professional Services $4,000 $4,000 BUDGET AMENDMENT - FORT FISHER BATHHOUSE/RAMP CONSTRUCTION PROJECT - PARKS & RECREATION DEPARTMENT The Commissioners approved the following Budget Amendment in the amount of $60,000 to set up the Fort Fisher Bathhouse/Ramp Construction Project: Debit -:-AccY.-#-lr '36rZ 333;- F~;FTsher..:'LWCF-Grarft -----$"30-;00.0------- Acct.#ll 3612 334, Ft.Fisher-CRC Grant 20,000 Acct.#ll 3612 335, Ft.Fisher-NRCD 10,000 Credit Acct.#ll 6120 638, Ft.Fisher - Development 57,500 Acct.#ll 6120 116, Ft.Fisher Salaries 2,500 BUDGET AMENDMENTS APPROVED BY COUNTY MANAGER The following Budget Amendments were approved by the County Manager and are being reported to the Commissioners for entry in the record: . Sheriff's Department - Transfer of instructor's earnings from Miscellaneous Revenue to Departmental Supplies: Debit - Acct.#ll 3390 890, Misc. Revenue Credit - Acct.#ll 4311 421, Dept. Supplies $998 $998 Health Department - To cover payment to Division of Health Services for over-reimbursement of funds in MCH & CC Cardiology: Debit - Acct.#ll 3511 980, Mis. Revenue Credit - Acct.#ll 5162 551, Refunds - Health Services (MCH) Acct.#ll 5131 551, Refunds - Health Services (Administration) $307 $152 155 Services for Aging - Operation..M;Ls.t.letoe- - -..- Debit - Acct.#ll 3390 890, Mis. Revenue-SFA Credit - Acct.#ll 5821 421, Dept. Supplies Acct.#ll 5821 410, Printing $420 $400 20 AWARD OF ARCHITECTURAL PROPOSAL TO JEFFERIES AND FARIS ARCHITECTS FOR HUMAN SERVICES BUILDING - DEPARTMENT OF SOCIAL SERVICES County Manager Cooper requested the direction of the Board in the selection of an architect for the Human Services Building. Commissioner Blake recommended Synthesis Architects since the County had not used this firm in the past stating he felt money spent by the County should be spread evenly throughout the community. Chairman Gottovi recommended using the building committee concept that has proven to be so successful with the Library and Courthouse buildings. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to award the proposal to Jefferies and Faris Architects for architectural services for the Human Services Building. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner 0' Shields . - - ,. _m_ . Chairman Gottovi *SEE PAGE 477 for Voting Noe: Commissioner Blake correction. (voted Noe) t'-.. 473 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) I DISCUSSION OF 2% OCCUPANCY TAX County Attorney Pope gave background information on the opinion received from the Attorney General's office with reference to clarifying the intent of the Occupancy Tax stating he felt the County should levy an occupancy tax against transient tourist that purchase or receive accommodations in New Hanover County. He stated that as of this date, the issue remains a matter of opinion and suggested an amendment of this bill to be presented to the legislature addressing the concerns of the citizens as to clarification and interpretation of the bill with reference to campgrounds. Ms. Ruth Knapp questioned the memorandum written to the Board with reference to interpretation of the bill. Ms. Cheryl Roff comment'e'd" on '<the unfairness of notification to some campgrounds to collect the tax while others have not been notified and are not collecting the tax. She asked for a complete clarification of the bill. Chairman Gottovi expressed her concern for levying a tax without <:'l~~ar),.fr:j.,f?~t,i9n of ,the .,1;>~~.~ l~W: t~Eil" t1;E7gisl'1;tR~iE7,.,,, u ;-I-l.d,... After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to collect the tax subject to the local act as recommended by the County Attorney and obtain clarification of the bill with reference to the General Statutes 105-164.4, Sec.93. Paragraph (3) from the legislature making amendments at that time. Upon vote, the MOTION FAILED due to lack of a majority vote as follows: I Voting Aye: Commissioner O'Shields Commissioner Barfield Voting Noe: Commissioner Blake Commissioner O'Neal Chairman Gottovi After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to take action against the State for collection of the 3% sales tax under the law as rewritten and not levy the 2% Occupancy Tax on campgrounds until clarification by the State Legislature. Upon vote, the MOTION CARRIED UNANIMOUSLY. It was the consensus of the Board to request staff to make a study of all campgrounds and marinas that would be effected by the 2% Occupancy tax in order to notify all persons involved of the lev'Y:~ln~ ?+. the. tax aft;,E1,J;'; c:)_ar.i~ica,tioN: by,.. t,l}er,)~tate Legislature. . BREAK Chairman Gottovi recessed the meeting for a break from 11:20 o'clock A.M. to 11:35 o'clock A.M. I APPEAL FOR APPROVAL OF PRELIMINARY PLAT - STREET DEDICATION BY PETITIONER, ELIZABETH NEWKIRK Planning Director Hayes gave background information on the appeal of the preliminary plat by Ms. Elizabeth Newkirk stating the Planning Board recommended a 12 month reservation of the thoroughfare property with a 150 ft. right-of-way to be divided equally on both sides. Mr. John Wessell, Attorney representing Ms. Elizabeth Newkirk, appeared before the Commissioners requesting the additional forty-five foot reservation not be required stating that the Subdivision Regulations did not require this reservation to take place. Chair'man' "G'o-ttovi expres'sed' ~he'r concern" for access' s'fre'ets from major thoroughfares stating the problems that arise from streets not connecting and the future effect on traffic flow in the County and emergency vehicles. 474 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) APPEAL FOR APPROVAL OF PRELIMINARY PLAT - STREET DEDICATION BY PETITIONER, ELIZABETH NEWKIRK (CONTINUED) After further discussion, Commissioner Blake MOVED, SECONDED by Commissioner 0' Shields not to require the additional forty- five foot right-of-way accepting the same standards as proposed by the City of Wilmington. Upon vote, the MOTION CARRIED AS FOLLOWS: ': \1"'1 :,," I.'.... J .) -hr","l. ,"".il . r. ,.": i,...,- { :--, ~~ ~,: fl. \~ C', r; Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Shields Voting Noe: Commissioner O'Neal Chairman Gottovi DISCUSSION OF TELEVISION SERVICE RENDERED BY JONES INTER CABLE Mr. Sam Wilson, Manager of Jones Intercable, appeared before the Commissioners providing background information on the current position of his Company stating reception problems are being corrected in the southern end of the County. He stated that effective January 1, 1984, the following areas would be upgraded and provided better service with the addition of four to eight channels: Tangle Oaks Greenbrier Silva Terra Hidden Valley County Road Arnold Road The Cape Mr. Wilson stated he would be glad to answer any questions from the Commissiopers or gen~~~~_,~~plic. After questions and answers by the Commissioners and Mr. Wilson, the Board expressed their concern for the complaints that have been received and the lack of response by Jones Intercable to these problems and concerns of the citizens in this portion of the County. . ;\J I- ~ li. rJ.,." .~"j ....... ~ lot'." ........ ...'" "'.. J .. ....."'- .., ........t. ,-.l"ll' County Manager Cooper recommended requesting Jones Intercable to forward a written description of the upgrading plans for New Hanover County after approval of their 1984 Budget in order for the County to have a schedule of future plans. Chairman Gottovi, on behalf of the Board, expressed her appreciation to Mr. Wilson for attending the meeting and furnishing information on this subject. DISCUSSION OF COUNTY SUPPORT OF CAPE FEAR OPTIMIST CLUB RECREATION PROGRAM Parks & Recreation Director Waters appeared before the Commissioners giving background information on the development of a cooperative arrangement between New Hanover County and the Cape Fear Optimist Club to provide recreation opportunities for the Wrightsboro area recommending approval. Chairman Gottovi recognized the following members present representing the Cape Fear Optimist Club: Mr. Julius Moore Mr. Jerry Gore Mr. Charles Swart Mr. Gene Humble After discussion, Commissioner Barfield, MOVED, SECONDED by Commissioner O'Neal to authorize staff to prepare a ~ontract between the County and Cape Fear Optimist Club providing recreational opportunities for the Wrightsboro area to be presented to the Board at a later date. Upon vote, the MOTION CARRIED UNANIMOUSLY. t'--.. 475 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) ESTABLISHMENT OF CANDIDATE FILING FEE FOR REGISTRAR OF DEEDS Commissioner O'Shields MOVED, SECONDED by Commissloner O'Neal to establish an annual salary of $26,582, Range 77 of the County's Pay Scale, for a candidate filing fee for a newly elected Registrar of Deeds. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF PERSONNEL POLICY AMENDMENTS pers'onnel' Director 'r.falr-e'tte- appeared befor'e the Commissioners with proposed amendments to the Personnel Policy providing background information on the changes particularly with reference to on-call stand-by time. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner O'Shields to approve the proposed amendments to Article I, Sec. 1, Sec. 2 (a), (b)~ Article III, Sec. l3~ Article V, Sec. 8, 9. 10, 10 (a &b)~ Article VII, Sec.7, 11, & 13 with the addition of stepsister to Article II, Sec. 7. Upon vote, the MOTION CARRIED UNANIMOUSLY. DENIAL OF REQUEST FOR PENALTY ABATEMENTS - TAX DEPARTMENT Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to deny tax ,penalty abatements for Mr. Ian Mitchell and Mr. Frederick Knouse. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY MANAGER I AWARD OF BID TO LUTHER T. ROGERS FOR RENOVATION OF COURTHOUSE Enginee'ritig-~ Director Hi'ltbn1 'st'a'ted' twh hids' nad been received for renovation work on the Courthouse with each bid in excess of the funds allocated for this work stating the County would lose $9,000 in grant money if action is not taken. He explained staff had negotiated with Luther T. Rogers for an estimated cost of $109,000 requesting approval of additional funding of $30,000 from Contingencies and award of the bid to Luther T. Rogers contingent upon the grant being activated and barricades being worked out with the City of Wilmington. Commissioner Blake stressed the importance of immediate repair to the roof of the Courthouse in order to prevent further water damage. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to approve a Budget Amendment in the amount of $30,000 from Contingencies for additional funds and award the contract to Luther T. Rogers. Upon vote, the MOTION CARRIED UNANIMOUSLY. APPROVAL OF REQUEST TO DESTROY RECORDS - INSPECTIONS DEPARTMENT Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to permit the destruction of records requested by the Inspections Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 3 TO THE UTILITIES CONTRACT WITH FAA - NEW .HANOVER COUNTY AIRPORT Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to approve Supplemental Agreement No. 3 with FAA concerning water and sewer and electrical power services provided by the Airport for the Air Traffic Control Tower. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS APPOINTMENT OF MR. LEMANUEL DEVANE TO FILL UNEXPIRED TERM ON THE CAPE FEAR TECHNICAL INSTITUTE BOARD OF TRUSTEES Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to appoint Mr. Lemanuel DeVane to serve the unexpired term of Barbara Schwartz expiring June 30, 1985, on the Cape Fear Technical Institute Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. 476 MINUTES OF REGULAR MEETING, DECEMBER 19, 1983 (CONTINUED) POSTPON~~E~.~ .S!_F... ~P~O I NTMEN,!~ ~9..}!EW _ _~,~~_OY~l! ~gU!,!~~_ ,BQ~l!!L Q~ HEALTH -- ----.. After discussion, it was the consensus of the Board to postpone appointments to the Board of Health until the next regularly scheduled meeting. APPOINTMENT OF MR. GREGORY NIXON TO OFFENDER AID AND RESTORATION BOARD Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to appoint Mr. Gregory Nixon to fill the unexpired term of Mrs. Joyce Bragg expiring September 30, 1985, on the Offender Aid and Restoration Board of Directors. Upon vote, the MOTION CARRIED UNANIMOUSLY. RATIFICATION OF APPOINTMENTS TO THE HUMAN RELATIONS COMMISSION Chairman Gottovi MOVED, SECONDED by Commissioner Barfield to ratify the appointment of Rev. Robert Behnke, John Metts, and Dr. Sandy Martin to serve three-year terms expiring December 31, 1986, on the Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. RATIFlCA~I;QN OF,d~EAPPOINTMENT. :OIr,} DR.. J1\MES .~. M_AC~E-TO_IS.~~VE ON THE HUMAN RELATIONS BOARD Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to ratify reappointment of Dr. James B. MacRae to serve a three- year term expiring December 31, 1986, on the Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. - .. - - - RATIFICATION OF APPOINTMENT OF MR~' EARL R. OGLESBY; JR.,' TO-SERVE UNEXPIRED TERM ON THE HUMAN RELATIONS COMMISSION Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to ratify appointment of Mr. Earl R. Oglesby, Jr. to serve the unexpired term of Mr. Burt Womble expiring December 31, 1985, on the Human Relations Commission. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi adjourned the meeting at 1:25 o'clock P.M. . ':. I., I , .' ,.. ~.:.' %Respe~~mitted' . ': ' ~ ~ : .. 1" f~ I:" ., . . I \. _. . Lucie F. Smith, Clerk .., . - -.. ~ -..,- ~ t'--..