1976-04-20 Regular Meeting
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MINUTES OF REGULAR MEETING, APRIL 5, 1976 (CONTINUED)
COUNTY OFFICES MOVING
County Manager Eller reported.to the Board that the offices of the County Manager
and County Commissioners would be moved to their new loca~ion in the County Administration
Building at the corner of Fourth and Chestnut Streets on rhursday and Friday, April 8
and 9, and the next Commissioners' meeting would be held in the new chambers.
COMM. TAYLOR ABSENT FROM NEXT MEETING
Comm. Taylor reported to the Board that he would be ?n vacation and would not be
in attendance at the meeting of April 20.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
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Chm. Davis adjourned the meeting at 2:35 o'clock p. In.
Respectfully submitted,
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Alyce B. Bro~
Clerk to theiBoard
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MINUTES OF REGULAR MEETING, APRIL 20, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday,
April 20, 1976, at 9:00 o'clock a. m. in the Assembly Rooln, New Hanover County Administra-
tion Building, Wilmington, North Carolina.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; Vivian S.
Wright; Chairman Peter R. Davis, County Manager Dan W. Eller; County Attorney James C.
Fox and Clerk to the Board, Alyce B. Brown. Comm. Willia~n C. Taylor was absent.
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Chm. Davis called the meeting to order.
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Rev. John Shue of Messiah Lutheran Church offered the invocation.
INTRODUCTION OF REPRESENTATIVES FOR YWCA WEEK
Mrs. Caronell Chestnutt introduced the following glr~s who had been selected to
sit with the Commissioners and observe as one of their activities for YWCA Week:
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Deborah Brown
Michelle Baldwin
Carrie Rivenbark
Polly Stri~:kland
Tia Chocie=:1
APPROVAL OF MINUTES: REGULAR MEETING, APRIL 5, 1976
Comm. Wright stated that on Page 88 under "Approval of Airport Lease with Air
Wilmington, Inc.", she would like it noted that her reason for voting "noe" was because
she had not received a copy of the lease in advance and had not had a chance to read
it. Comm. Wright also stated that on Page 99 under "Discussion of Title XX Contracts",
it should be noted that the Commissioners agreed to write a letter to the Association
of County Commissioners about this problem.
Comm. Alper moved, seconded by Comm. O'Shields, that the Minutes of the Regular
Meeting of AprilS, 1976, be approved as corrected. Upon vote, the motion carried as
follows:
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Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
REPORT ON BIDS FOR ADDITION TO NEW HANOVER MEMORIAL HOSPI~~L
The following members of the Hospital Board, members of the Hospital Staff and
Architects appeared to report on the bid opening for the addition to New Hanover
Memorial Hospital:
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
REPORT ON BIDS FOR ADDITION TO NEW HANOVER MEMORIAL HOSPITAL (CONTINUED)
Mr. H. E. Longley, Vice-Chairman Mr. Bill Morrison, Hospital Administrator
Mr. W. H. Sutton, Treasurer Mr. Frank Pritchett, Asst. Director of
Mr. Walter Craven Financial Affairs
Mrs. Edie Merrill, Secretary Mr. Art Lane, Administrative Assistant
Mrs. Caronell Chestnut Mr. Marshall Risdon, Project Director
Mr. Leslie N. Boney, Architect
Mr. Dumay Gorham, Attorney
. Mr. Longley presented to the Commissioners a certified copy of the bid tabulation
along with a letter of recommendation from the Chai~nan of the Hospital Board of
Trustees recommending the acceptance of the apparent low bidders as follows:
General Contractor - D. R. Allen and Son, I~c. - Base bid and
acceptance of alternates G-l, 2, 3, 4, 5, 7, 8 and 9 - $7,524,900.
Plumbing Contractor - Richards and Associates - Base bid
plus alternates P-l, 2, 3, 5, 7, 8 and 9 - $ 687,500.
Heating, Ventilating and Air Conditioning Contractor - Lorch Plumbing
and Heating, Inc. - Base bid plus al ternate:3
HVAC-l, 2, 3 and 5 - $1,780,926.
Electrical Contractor - Watson Electrical Construction Company
Base bid plus alternates E-l, 2, 3, 4, 5, 7, 8
and 9 - $1,097,194.
Comm. Alper moved that the County Commission accept these figures as stated by
the Hospital Board and sign the Contract.
Mr. Leslie Boney, the Architect for the project, reported to the Board that all
the Contractors had been investigated and were acceptable.
County Attorney, Jim Fox, stated that before thE~ Contracts could actually be
.executed, a Capital Projects Ordinance would have to be adopted. He also stated that
the Contracts would have to be approved by the State and Federal Governments.
Mr. Longley requested that the Commissioners give the Hospital Board a letter of
intent stating that they would sign the Contracts aft~er they had been approved by the
State and Federal Governments.
Comm. Alper restated his motion that the figureE: showing the cost and figures
showing the available funds be accepted, the letter elf intent to sign the contracts when
approved by the State and Federal Agencies be issued and the Capital Projects Ordinance
be approved. Comm. Wright seconded the motion and upon vote the motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
County Attorney Fox also requested that the hosrital attorney have the assignment
of certificates of deposit to the County prepared and signed by the end of the meeting.
A copy of the bid tabulation is contained in Exhibit Book III, Page 65.
DISCUSSION OF KURE BEACH SHARE OF ABC FUNDS
Mayor Smith of Kure Beach had advised that our State Legislative Delegation was
reluctant to introduce the bill approved by the County Commissioners providing for
'.Kure Beach to receive 20% of the profits of the ABC Store at Carolina Beach. He stated
hat, in lieu of the local legislation, Kure Beach was requesting that the County
Commissioners agree to remit to Kure Beach on a regular basis a portion of the County's
ABC Store profits equal to 20% of the profits of the Carolina Beach store. He also
stated that this would be a temporary measure until the legislature could act on a bill.
Chm. Davis stated that he understood that Carolina Beach would protest the legisla-
tion because some day they might request a larger portion of the profits of the ABC
Store at Carolina Beach.
County Attorney Fox stated that he had some reservations as to the legality of
whether or not the County could take funds from gener~l county revenues and advance
to any specific community.
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
ABC PROFITS FOR KURE BEACH (CONTINUED)
Chm. Davis moved, seconded by Comm. O'Shields, that the County fund, from non-
tax revenues, Kure Beach in an amount equal to 20% of the profits from the Carolina Beach
ABC Store to begin on July l, 1976, and continue until the time the State Legislature
can set up an equitable formula for Kure Beach to get ABC funds. This funding to
terminate July 1, 1977. Upon vote, the motion carried as follows:
voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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APPEAL OF CHARLES W. BROWN FOR REDUCTION IN APPRAISAL OF FROPERTY
The appeal of Mr. Charles W. Brown was heard by the Eoard of Equalization and
Review on January 6, and Mr. Brown was unable to attend tl;e hearing. He subsequently
requested the Commissioners to hear his appeal after the Eoard of Equalization and
Review had adjourned. County Attorney, Jim Fox, had received an opinion from the
Attorney General's Office which indicated that the Commissioners could hear this case
since there were doubts that the taxpayer had been given reasonable opportunity to be
heard by the Board of Equalization and Review.
Mr. Brown appeared before the Board and presented conparative property values of
other homes in his neighborhood.
Comm. O'Shields moved that the grade on the house be changed from A +lO to
straight A.
Mr. Brown then pointed out some other inequities in t,he appraisal and requested
the penalty be abated since, in his opinion, he should not~ have been billed for his
taxes until all appeals had been se~tled.
Attorney Fox stated that since this was not a forgiving of interest but a question
of the fact whether or not the interest was due, he felt it could be abated.
Comm. O'Shields included in his motion that the interest was not due and should be
abated. COInm. Wright seconded the motion and the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
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Absent:
Comm. Taylor
APPROVAL OF VALUATION CHANGES RECOMMENDED BY STATE PROPER'l~Y TAX COMMISSION
The Commissionershad been furnished a list of valuation changes and refunds which
were recommended by Mr. Emmitt Shugart and Mr. Don Graves 'of the State property Tax
Division. If these changes were approved, the commissionE~rs were requested to approve
the transfer of $262 from Contingencies, Acct. #ll 445 6li to Tax Refunds and Payments,
Acct. #ll 450 60, in order to cover the refunds.
County Attorney Fox stated that the Board could approve the changes as they would
be assenting to the recommendation of the Property Tax Con@ission.
Mr. Emmett Shugart stated that was the way it was har,dled in most other counties
and in some cases, the Commissioners requested an official letter from the Property
Tax Commission.
Comm. O'Shields moved, seconded by Comm. Alper, approval of the changes recom-
mended by the State Property Tax Division subject to the receipt of an official letter
of recommendation from the State Property Tax Commission and also approval of the budget
transfer of $262 from Contingencies, Acct. #ll 445 61, to Tax Refunds and Payments,
Acct. #ll 450 60. Upon vote, the motion carried as foll0"v7s:
Voting Aye: Comm. Alper, O'Shields and Chm. Davis
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Voting Noe: Comm. Wright
Absent:
Comm. Taylor
A copy of the approved list of changes and refunds iE: contained in Exhibit Book
III, Page 66.
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MINUTES OF REGULAR MEETING, APRIL ,20, 1976 (CONTINUED)
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APPROVAL OF TAX ABATEMENTS AND REFUNDS
The County Attorney reported that he had reviewed the list and found it to be
in order.
Comm. O'Shields moved, seconded by Comm. Alper, that the list of Abatements and
Refunds be approved. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Chm. Davis
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Voting Noe: Comm. Wright
Absent:
Comm. Taylor
A copy of the list of Abatements and Refunds is contained in Exhibit Book III,
Page 67.
(See Page ll4 for addition)
APPROVAL OF SALE OF CITY AND COuN!'YOWNED PROPERTY LOCATED ON SOUTH SIXTH STREET AND
PROPERTY LOCATED ON WALNUT STREET.
The Tax Administrator had received offers to pUJ~chase Blk 222 E end of 5, Walnut
Street, for $l, 100 and an offer to purchase Block 13:,L pt WM 5 and pt Wend 5, South
sixth Street for $1,500. All other departments with~n the City and County Governments
had been advised of these offers and showed no inten!st in retaining these properties
for governmental purposes. The Commissioners were requested to approve the sale and
advertise the properties as outlined in the Policy of Disposal of County Real Estate.
Comm. Alper moved, seconded by Comm. O'Shields, approval of advertising the property
for sale as outlined in the Policy of Disposal of COllnty Real Estate. Upon vote, the
motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Chm. Davis
Voting Noe: Comm. Wright
Absent: Comm. Taylor
.APPROVAL OF TAX COLLECTOR'S REPORT THROUGH MARCH 31, 1976
Chm. Davis moved, seconded by Comm. O'Shields, c~proval of the Tax Collector's
Report through March 31, 1976. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
A copy of the report is contained in Exhibit Book III, Page 68.
APPROVAL OF CAPITAL PROJECT ORDINANCE FOR THE COMPLE~~ION OF THE LAW ENFORCEMENT CENTER
The County Attorney had prepared a Capital Projects Ordinance which appropriated
the necessary funds for completion of the Law EnforcE!ment Center. The Commissioners
were requested to adopt the Ordinance and award the Contracts to the low bidders as
recommended by the Architects.
County Manager Eller reported to the Board that the budget appropriated in the
Ordinance was very tight and no additional funding was in sight for the project.
Comm. O'Shields moved, seconded by Comm. Alper, approval of the following Capital
Projects Ordinance and authorization for the execution of the Contracts as recommended
by the Architects.
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PROJECT ORDINANCE FOR THE COMPLETION
OF THE CONSTRUCTION OF A JAIL AND LAW ENFORCEMENT CENTER
OF NEW HANOVER COUNTY
BE IT ORDAINED by the Board of Commissionen: of New Hanover County:
WHEREAS,
L New Hanover County (County) is engaged in the construction of a jail
and law enforcement center which capital project~ involves the construction
or acquisition of a capital asset.
2. County desires to authorize and budget for said capital project in a
project ordinance adopted pursuant to North Carolina General Statute S 159-l3.2,
such ordinance to authorize all appropriations necessary for the completion of
said project.
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
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APPROVAL OF CAPITAL PROJECTS ORDINANCE FOR LAW ENFORCEMENT CENTER (CONTINUED)
NOW, THEREFORE, WITNESSETH THAT:
l. This project ordinance is adopted pursuant t~ North Carolina
General Statute S 159-13.2.
2. The capital project undertaken pursuant to this ordinance is the
completion of the construction of a jail and law enforcement center in
Block 166 of the City of Wilmington, adjacent to the present site of the
New Hanover County courthouse, which project is herewith authorized.
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3. The revenues that will finance said project are:
Courthouse/Jail Construction Funds
(Account No. 63 300 00)
Revenue Sharing Funds (fiscal year
beginning 7/1/76)
Interest on investments (fiscal year
beginning 7/1/76)
TOTAL REVENUES
$2,563,149
9l8,129
55,000
$3,536,278
4. The following appropriations, necessary for the project, are here-
with made from the revenues listed above.
General Contractor
Plumbing
Electrical
Heating and Air Conditioning
Jail Equipment
Elevator
Kitchen Equipment
Sprinkler
Architectural and Engineering Fees
Furniture and Landscaping
Contingencies
TOTAL
$1,97C,725
26C> All
25S,,519
29/,998
41:,835
9~:, 658
4~:, 064
IL\,363
4':;,305
100,000
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3':; , 000
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$3,536,278
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Board of
shall be
with the
This project ordinance shall be entered in t~e minutes of the
Commissioners. Within five days hereof, copies of this ordinance
filed with the finance and budget offices of New Hanover County, and
Clerk to the Board of Commissioners.
Adopted this 20th day of April, 1976.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
A copy of the bid tabulation and Architect's recommendation for award of the
Contracts is contained in Exhibit Book III, Page 71. .
TRANSFER OF FUNDS - JAIL/LAW ENFORCEMENT CENTER
In order to pay the statement received from the Law I:nforcement Center Architects
in the amount of $54,322.35 and any incidental expenses which might arise through the
remainder of the fiscal year, the Commissioners were requested to transfer $44,000 from
Capital Outlay - Building, Acct, #63 575 72, to Professional Services, Acct. #63 575 04,
in the Courthouse/Jail Construction Fund.
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Comm. O'Shields moved, seconded by Comm. Wright, approval of the transfer of funds
for the Jail/Law Enforcement Center as outlined. Upon vot:e, the motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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MINUTES OF REGULAR MEETING, APRI~ 20, 1976 (CONTINUED)
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TRANSFER OF FUNDS - BUILDINGS AND GROUNDS
The Commissioners had appropriated $6,000 for Architectural and Engineering
services connected with the renovations of the Administration Building. Due to
some additional work, the invoices from the Architects and Engineer exceeded the
amount appropriated. The Commissioners were requested to approve transferring
$1,12l from Salaries, Acct. #ll 540 02, in the Inspections Budget to Professional
Services, Acct. #11 535 04, in the Buildings and Grounds Budget to cover these
invoices.
'. Comm. O'Shields moved, seconded by Comm. Alper,
requested in the Buildings and Grounds Budget. Upon
as follows:
approval of the transfer as
vote, the motion carried
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
COMPLAINT ABOUT HORSES IN SEAVIEW TRAILER PARK
Mrs. Eleanor Dennell, Mrs. M. A. Abernathy and :~s. Charles Lent appeared
before the Board to complain about horses being kept on a lot in Seaview Trailer
Park. They had complained to the Building Inspector and the Health Department and
were informed there was no violation in either case. They presented to the Commis-
sioners a petition signed by area residents opposing the situation and also photo-
graphs of the horses and lot. They felt there was d::!finitely a health hazard caused
by the number of horses on the small lot and request::!d the Commissioners take action
to remedy this unsanitary condition.
It was agreed by Common Consent to have the COW1ty Manager contact the Board of
Health and advise them the Commissioners were gravel:? concerned about this matter
and request that Dr. Knox put the matter on the agenda for discussion at the next
meeting of the Board of Health.
PROPOSED REVIEW SCHEDULE FOR COASTAL AREA MANAGEMENT PLAN
Planning Director, Richard Fender, had submitted a proposed schedule for review of
.the Land Use Plan prepared by the Planning Department under the requirements of the
Coastal Area Management Act. The Commissioners had been furnished a copy of the
schedule and were requested to either approve the schedule or advise if any changes
should be made.
Mr. Fender and Mr. Bill Farris of the Planning Department appeared to request that
the following schedule for review of the Land Use Plan be approved:
Thursday, April 22, 1975 - 9:00 A. M. - Assembly Room of New Hanover County
Administration Building. First Joint: Review
Session. Planning Staff members would briefly re-
view content of tecIDlical studies.
Thursday, April 29, 1976 - 9:00 A. M. - Assembly Room, New Hanover County
Administration Building. Second Joint Review
Session. Planning St:aff would continue discus-
sions of technical st:udies and provide general
overview of proposed land use policies. Draft
copies of development~ policies would be distri-
buted at this meetin9.
Thursday, May 6, 1976
- 9:00 A. M. - Assembly Room, New Hanover County
Administration Building. Final Joint Review Ses-
sion. Complete reviEM and revision of proposed
land use policies.
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Thursday, May 13, 1976
- 7:30 P. M. - SuperioI Courtroom. Public meeting.
This meeting will allow citizens to make recom-
mendations to staff en proposed facilities. (This
meeting was later changed to the'Assembly Room.)
9:30 A. M. - Joint Public Hearing. At this hearing
the Land Use Plans for the Wilmington-New Hanover
Planning Area, Wrightsville Beach, Carolina Beach
and Kure Beach will te reviewed with the public;
After this hearing, action should be taken on adoption
of the Land Use Plan for the Wilmington-New Hanover
Planning Area.
Thursday, May 20, 1976
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
PROPOSED REVIEW SCHEDULE FOR COASTAL
Comm. O'Shields moved, seconded
as requested by the Planning Staff.
AREA MANAGEMENT PLAn (CONTINUED)
by Comm. Alper, to approve the schedule of
Upon vote, the motion carried ,as follows:
hearings
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
DISTRIBUTION OF 1975 ANNUAL REVIEW OF SELECTED ECONOMIC :,:NDICATORS
Planning Director, Richard Fender, distributed to the Commissioners copies of the
1975 Annual Review of Selected Economic Indicators which was prepared by the Planning
Department.
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A copy of the review is on file in the County Manager's Office.
TABLING OF FINAL PLAT APPROVAL FOR KINGS GRANT, SECTION J.3; LANSDOWNE ESTATES, SECTION H;
MONTEPEY HEIGHTS SUBDIVISION, SECTION 3; AND WINDEMERE SUBDIVISION, SECTION 8A .
Mr. Harry Oakes of the Planning Department appeared before the Board and reported
that all of the above subdivision plats that were being presented for final approval had
deficiencies in various areas. The permanent monuments ~7ere missing in the cul-de-sac
area in Kings Grant, Section 13 and there was also a question as to whether islands were
allowed by the Department of Transportation in the center of cul-de-sac areas. Mr.
Oakes reported that all four of these subdivisions either had permanent monuments missing,
portions of roads not constructed or bonds not posted to secure that the improvements
would be constructed. The Planning Department recommendE,d tabling action on these plats
until such time as all the improvements were made or bonqs posted to secure that the im-
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provements would be made.
Chm. Davis moved, seconded by, Comm. Wright, to concnr with the Planning Department
in tabling the approval of these final plats until the dEficiencies had been corrected.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent:
Comm. Taylor
Comm. O'Shields requested
persons requesting approval of
approved.
that the Planning Department be sure to notify the
the plats of the deficiencies and why they were not
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APPROVAL OF BUDGET TRANSFER - SHERIFF'S DEPARTMENT
Sheriff Grohman had estimated an additional $10,000 would be needed in the auto-
motive supply account (gas and oil) to complete the fiscal year. In order to provide
these funds, the Commissioners were requested to transfer $5,000 from Salaries and Wages,
Acct. #11 510 02, and $5,000 from Maintenance and Repair - Autos and Trucks, Acct.
#11 510 17, to Automotive Supplies, Acct. #ll 510 31, in the Sheriff's Budget.
Comm. O'Shields moved, seconded by Comm. Alper, appr~val of the budget transfer
as requested upon recommendation of the County Manager. Upon vote, the motion carried
as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
REJECTION OF DRAGLINE BIDS
Three bids had been received for the Health Departme~t Dragline with the high bid
being $15,750. The Board of Health had recommended that the Commissioners reject the
bids and readvertise the dragline for sale with a minimum price of $20,000.
Comm. O'Shields moved, seconded by Comm. Wright, approval of rejection of the bids
and readvertising as requested by the Board of Health. ~)on vote, the motion carried
as fo llows :
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Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINtrED)
BUDGET AMENDMENT - DEBT SERVICE - HOSPITAL NOTES
The County Manager reported that in order to pay the interest on the second issue
of Hospital Bond Anticipation Notes, the County Con@issioners were requested to amend
the budget by appropriating $13,800 in the Hospital Construction Fund - Appropriated
Fund Balance and transferring that amount to Interest on Bonds in the Debt Service
Fund.
Finance Officer, Felix Cooper, explained the need for the amendment and that the
funds actually came from interest earned and there were not additional County funds
involved.
Comm. Alper moved, seconded by Comm. O'ShieldEI, approval of the budget amendment
as outlined by the COWlty Manager. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
BUDGET TRANSFER - CAPE FEAR TECHNICAL INSTITUTE
Comm. Wright moved, secondeQ by Comm. O'Shields, approval of the transfer of $1,178
from Retirement, Acct. #7206 to Insurance, Acct. #6130, in the Cape Fear Technical
Institute Budget as requested by Mr. S. C. Coleman. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields, Wright ar:.d Chm. Davis
Absent: Comm. Taylor
BUDGET AMENDMENTS - TITLE XX, CONTRACTS
The Commissioners had been furnished a list of budget amendments necessary to permit
implementation of six of the Title XX Contracts. ~'he County Manager and Finance Officer
recommended the Commissioners approve budget amendnlents for the following Title XX Con-
tracts and authorize the Chairman to execute the Contracts represented by the various
budget amendments.
Information and Referral Services (Volunta.ry Action Center)
Consumer Credit Counseling (Family ServicEs/Travelers lad)
Brigade Boys' Club
Legal Services Foundation
Girls' Club
Northside Neighborhood Center (Family Services/Travelers Aid)
The Contract for Information and Referral Services (Voluntary Action Center)
had been approved and executed on March 1, 1976.
Comm. Alper moved, seconded by Comm. O'Shields, approval of the budget amendment
for the Title XX Contracts with the understanding that no County funds would be advanced
and funds would be disbursed only when received from the State or other sources. Upon
vote, the motion carried as follows: (See Page It.? for addition)
Voting Aye: Comm. Alper, O'Shields and Chm. Davis
Voting Noe: Comm. Wright
Absent: Comm. Taylor
A copy of the budget amendments approved is contained in Exhibit Book III, Page 69.
TRANSFER OF FUNDS - FINANCE DEPARTMENT
Comm. Wright moved, seconded by Comm. Alper, approval of the transfer of $300 from
Copying and Duplicating, Acct. #11 440 32, and $400 from Supplies and Materials,
Acct. #11 440 33, to Maintenance and Repair - Equipment, Acct. #ll 440 16, in the
Finance Department Budget in order to pay for unexpected repair costs on equipment.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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MINUTES OF REGULAR MEETING, APRIL 20, ~1976 (CONTINUED)
BUDGET AMENDMENT - WATER AND SEWER
County Manager Eller reported that the Environmental Protection Agency had advised
that prior to final approval of the 201 Facilities Plan for the Greater Wilmington
Area, archaeological and vegetative surveys would have to be conducted for certain
portions of the Planning Area. The County's consulting engineers had submitted a pro-
posal to EPA for accomplishing these surveys and the prorosal had been approved. The
total cost of the surveys would be $1,160 of which EPA would pay $870, the Division
of Environmental Management would pay $145 and the County's share would be $145. The
Commissioners were requested to authorize the engineers to proceed with the surveys
and to approve the following budget amendments in order to provide funds for this work.
1. Increase Revenue Item - Federal Grant, 201 Greater Wilmington,
Acct. #64 349 60, in the amount of $870.,
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2. Increase the Revenue Item - State Grant, 201 Greater Wilmington,
Acct. #64 350 60, in the amount of $145.
3. Increase the Appropriated Fund Balance by the amount of $145.
4. Increase the Expenditure Appropriation for Professional Services,
Acct. #64 575 04, by the amount of $l, 160.
Chm. Davis moved, seconded by Comm. Alper, approval of the budget amendments as
requested for the archaeological and vegetal:ive surveys and authorization for the
engineers to proceed with the work. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
BUDGET AMENDMENT - DISTRICT ATTORNEY
The County had received a reimbursement: from the State of North Carolina for extra-
dition expenses advanced from the District Attorney's Budget. In order to replenish
the funds from which checks were issued and to permit Mr. Cobb to buy some additional
office furnishings, the Commissioners were requested to amend the Court of Justice
Fund by appropriating the, following:
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1. Appropriate to Miscellaneous Revenue, Acct. #17 335 00,- $1,330
2. Appropriate to Expenditure Item - Miscellaneous, Acct. #17 471 75, $365.
3. Appropriate to Captial Ow:lay - Equipment, Acct. #17 471 74, - $965.
Chm. Davis moved, seconded by Comm. Wright, approval of the budget amendment for
the Court of Justice Fund as requested. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
BUDGET AMENDMENT - INSURANCE AND BONDS
The premiums for workmen's compensation and automobile liability had exceeded the
budget estimate. In order to use a dividend check in the amount of $6,322 received
from the County's insurance carrie]~ to pay t:he additional premiums and to cover some
other minor additional insurance increases, the Commissioners were requested to approve
the following budget amendment:
1. Increase the appropriation to Miscellaneous Revenue in the General
Fund, Acct. #11 335 00, by the amount of $6,322.
2. Increase the expenditure appropriation in the Non-Departmental section of the
General Fund - Insurance and Bon~s, Acct. #11 660 53, in the amount of $6,322.
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3. Transfer $269 from Non-Departmen7.:al Miscellaneow; Expense, Acct. #11 660 57,
to Non-Departmental Insurance and Bonds, Acct. #.LI 660 54.
4. Transfer $35 from Salaries and Wages, in the Social Services Budget,
Acct. #ll 610 02, to Insurance and Bonds in the :,ocial Services Budget,
Acct. #ll 610 54.
Chm. Davis moved, seconded by Comm. 0' Shie Ids, appro'Tal of the budget amendment
for insurance and bonds as requested. Upon vote, the mot~on carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUE:b)
BUDGET TRANSFER - GARAGE
Chrn. Davis moved, seconded by Comm. Wright, approval of the transfer of $500
from Salaries and Wages in the Inspections Budget, Acct. #ll 540 02, to Utilities in
the Garage Budget, Acct. #ll 55513, in order to cover the utilities bills at the Garage
for the remainder of the fiscal year. Upon vote, the m<j>tion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
I.BUDGET TRANSFER - BUILDINGS AND GROUNDS
The County Manager stated that the alterations and renovations to the Administration
Building had been paid by funds budgeted under Maintenance and Repair - Buildings and
Grounds. The total amount spent on the renovations, outside of the architects'and
engineers' fees, was $19,341. Due to the cost of renovating the Administration Building
exceeding what was estimated when the budget was prepared, the Commissioners were re-
quested to approve thE~ transfer of $7,000 from Salaries and Wages in the Inspections
Budget, Acct. #11 540 02, to Maintenance and Repair - Buildings and Grounds, Acct.
#11 535 15. '
Comm. Alper moved, seconded by Comm. O'Shields, approval of,the budget transfer as
requested. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
BUDGET TRANSFER - GARAGE
County Manager Eller reported that when the budget was adopted, there was a
separate appropriation of $9,600 in the Garage Budget for gasoline tax. The Accounting
Department had not been separating tax from, the cost, of gasoline when purchased and,
consequently, the account for purchasing gasoline wa,s nearly depleted. There was no
necessity for budgeting gasoline tax separately; therefore, the Commissioners were re-
quested to transfer the $9,600 budgeted under Gasoline Tax, Acct. #11 555 38, to Purchase
for Resale, Acct. #11 555 48.
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Chm. Davis moved, seconded by Comm. Alper, approval of the budget transfer as re-
quested in the garage budget. Upon vote, the motior: carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright ana Chm. Davis
Absent: Comm. Taylor
DISCUSSION OF CREATION OF COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING
AUTHORITY
Chm. Davis reported on the receipt of a letter from the North Carolina Department
of Natural and Economic Resources concerning the establishment of a County Industrial
Facilities and Pollution Control Financing Authority. He requested permission to send
a letter to several organizations requesting nominations of qualified persons to serve
on this Commission.
Comm. Wright suggested putting an ad in the ne",7spaper requesting nominations and
Comm. Alper concurred with her suggestion stating that there might be people who were
qualified and interested but were not involved in any organization.
Comm. O'Shields stated that he would like to know more about the powers the Com-
mittee would have.
No action was taken by the Board on this matter.
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DISCUSSION ON PROPERTY FOR BOAT RAMP AT CASTLE HAYNE:
Comm. 0' Shields requested information as to thE! status of property located on the
Northeast Cape Fear River for a boat ramp.
County Manager Eller reported receipt of a copy of a letter from the Wildlife
Resources Commission to the Department of Transportcltion stating that they did not have
funds to buy the property and requested that the prc.perty be made available to them at
no cost so they could restore the free access to thE! river which had been enjoyed by
boaters and fishermen over the past years.
Comm. 0' Shields moved that a letter be written t:o the Wildlife Department supporting
their position and also to the Governor, our State Legislators and the Department of
Transportation requesting their help in getting thi~: done.
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
DISCUSSION ON PROPERTY FOR BOAT RAMP AT CASTLE HAYNE (CONTINUED)
It was agreed by Common Consent that a letter would be written to the persons
mentioned by Comm. O'Shields to solicit their support in obtaining the property for a
boat ramp at Castle Hayne.
REQUEST FOR REPORT FROM ABC BOARD
Comm. Wright requested a letter be written to the ABC Board and ask them for a
report to be brought up to date on their activities. (See Page ll4 for addition)
BUDGET AMENDMENT - COURTHOUSE/JAIL CONSTRUCTION FUND
County Manager Eller reported that the Capital ProjE!cts Ordinance for the Law
Enforcement Center construction, adopted earlier in the Dleeting, showed receipts coming
from the budget account, Courthouse/Jail Construction Fillld. He requested the Commis-
sioners approve a budget amendment transferring $2,563,149 from Capital Outlay -
Buildings, Acct. #63 575 72, to the Capital Projects Fund, Acct. #63 575 96.
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Comm. Wright moved, seconded by Comm. Alper, approv~l of the budget amendment for
the Courthouse/Jail Construction Fund as outlined by the 'County Manager. Upon vote,
the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
RESIGNATION OF JUVENILE SERVICES CENTER DIRECTOR
County Manager Eller reported for the record that the director of the Juvenile Ser-
vices Center, Mr. Norman Holden, had submitted his resignation effective April 30, 1976,
due to his wife's ill health.
DISCUSSION ON DISPOSAL OF CITY/COUNTY PROPERTY
county Manager Eller reported that there were some 200 vacant lots owned jointly
by the City and County which should be disposed of. He stated that there were only
about 20 of the lots that were of marketable value. He requested permission from the
Board to advertise these lots for sale in order to get th:lm back on the tax books.
Chm. Davis moved, seconded by Comm. Wright, approval of advertising the lots for
sale and the County Manager, County Commissioners and oth:lr County Department Heads
review the list of properties to see if there were any th,~t should be retained for
governmental purposes. Upon vote, the motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
BUDGET TRANSFER - CAPE FEAR TECHNICAL INSTITUTE
County Manager Eller reported that he and Mr. Cooper had met with Mr. McLeod and
Mr. Cole marl, of Cape Fear Tech and were recommending that 1:he commissioners approve appro-
priating the sum of $40,000 from Unappropriated Fund Balilllce to Capital Outlay -
Equipment in the Cape Fear Tech Construction Budget in order to provide the necessary
funds to purchase and install the required telephone equipment for the new building.
Chm.
Cape Fear
Officer.
Davis moved, seconded by Comm. Alper, approval
Tech Construction Budget as recommended by the
Upon vote, the motion carried as follows:
of the budget transfer in the
County Manager and Finance
Voting Aye: Comm. Alper, O'Shields,Wright and Chm. Davis
Absent: Comm. Taylor
APPROVAL OF CHANGE ORDER - LEGION STADIUM
County Manager Eller stated that he had received a change order on the Legion
Stadium Renovations substituting cement stucco finish coat for specified "Tex-coat"
finish in existing and new concrete bleachers,with guarantee-warranty specified for
"Tex-coat". He stated that there would be no additional funds required for this
change.
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Chm. Davis moved, seconded by Comm. Wright, approval of Change Order GC-l on
the Legion Stadium Renovations as requested. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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MINUTES OF REGULAR MEETING, APR;,I:L 20, 1976 (CONTINUED)
SPECIAL MEETING SET WITH GARDNE;R GIDLEY TO PRESEN'r FINAL DRAFT ON RECREATION MASTER PLAN
The County Manager report~d that Mr. Gardner Gidley was ready to present his final
draft of the Recreation Master ~Plan and requested a joint meeting between the Wilmington
City Council and New Hanover County Board of Commissioners on Tuesday, April 27, 1976,
at 8:00 o'clock a. m. in the Assembly Room of the County Administration Building.
It was agreed by Common Consent to meet join1:ly with Wilmington City Council
on April 27, 1976, as requested.
APPROVAL OF CAPITAL PROJECTS ORDINANCE FOR HOSPIT1\.L CONSTRUCTION
County Attorney, Jim Fox, presented to the Commissioners for review a copy of the
Capital Projects Ordinance for the Hospital Construction and reported that the Hospital
Board of Trustees would deliver' to the County the $500,000 in Certificates of Deposit
assigned to the County, along with a collateral a9reement indicating that County funds
would be used first and the Hospital would get thE! interest proceeds from the Certifi-
cates of Deposit.
Comm. Alper moved, seconded by Comm. O'Shields, approval of the following Capital
Projects Ordinance, authorization of the Chairman to sign the Letters of Intent upon
receipt of the Certificates of Deposit assigned to New Hanover County, authorization
for the Chairman to sign the Supplemental Collateral Agreement indicating that the
proceeds of the Certificates of Deposit were to be used only for Hospital construction
purposes and utilized only after County Bond fundE\ were exhausted and interest on the
Certificates of Deposit would remain the property of the Hospital.
PROJECT ORDINANCE FOR THE COMPLETION
OF THE CONSTRUCTION OF ADDITIONS TO NEW HANOVER MEMORIAL HOSPITAL IN
NEW HANOVER COUNTY
BE IT ORDAINED by the Board of Commissioners of New Hanover County:
WHEREAS,
1. New Hanover County (County) is engaged in the construction of additions
to New Hanover Memorial Hospital which capital project is financed in part by
the proceeds of bonds and involves the construction of a capital asset.
2. County desires to authorize and budget for said capital project in a
project ordinance adopted pursuant to North Carolina General Statute ~ l59-13.2,
such ordinance to authorize all appropriations necessary for the completion of
said proj ect.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General
Statute sI59-l3.2.
2. The capital project undertaken pursua~t to this ordinance is the com-
pletion of the construction of additions to N<::!w Hanover Memorial Hospital
owned by County and situated in the City of Wilmington, which project is
herewith authorized.
3. The revenues that will finance said p:roject are:
County Bond Funds
New Hanover Memorial Hospital
Hill-Burton Grant
New Hanover Memorial Hospital
Interest on Investments
$9,360,000
2,768,730
487,696
500,000
425,000
TOTAL REVENUES
$13,541,426
4. The following appropriations, necessa]~ for the project, are herewith
made from the revenues listed above.
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
APPROVAL OF CAPITAL PROJECTS ORDINANCE FOR HOSPITAL CONSTRUCTION (CONTINUED)
Contracts: Construction
General $7,524,900
Plumbing 687,500
H. V. A. C. 1,780,926
Electrical 1,097,194
Contract - Steel 704,036
Architects' Fees 707,733
Contingencies 614,137
Transfer to New, Hanover County
Debt Service Fund 425,000
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TOTAL EXPENDITURES
$13,54l,426
5. This project ordinance shall be entered in the minutes of the Board of
Commissioners. Within five days hereof, copies of this ordinance shall be filed
with the finance and budget offices of New H'anover County, and with the Clerk to
the Board of Commissioners.
Adopted this 20th day of April, 1976.
Upon vote, the motion carried as follows:
Voting Aye: COllJll. AI)er, O'Shields, Wright and Chm. Davis
Absent:
Comm. Taylor
A copy of the letter of in:ent and ~;upplemental Collateral Agreement are contained
in Exhibit Book III, Page 70.
EXECUTIVE SESSION
Comm. Wright moved, second(~d by Comm. Alper, that the meeting be recessed to Execu-
tive Session. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O' Shields, Wright and Chm. Davis
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Absent:
Comm. Taylor
Chm. Davis recessed the meeting to Executive SessLon at 12:10 o'clock p. m.
Chm. Davis reconvened the meeting to Public Session at 12:25 o'clock p. m.
APPOINTMENT OF BEN WASHBURN AS CIVIL PREPAREDNESS COOK)!NATOR
Chm. Davis moved, seconded by Comm.O'Shields, to authorize the County Manager to
hire Mr. Ben Washburn as Civil Preparedness Coordinato::-. Upon vote, the motion carried
as fo llows :
Voting Aye: Comm. Alper, (,' Shields, Wright and Chm. Davis
Absent: Comm. Taylor
REPORT ON FIRE DEPARTMENT INSPECTIONS COMMITTEE MEETIN(; ON FORESTRY SERVICE
Comm. Wright reported that she had attended a mee1:ing of the Volunteer Fire Depart-
ment Inspections Committee and stated t:hat t:hey were aqainst New Hanover County entering
into an agreement with the N. C. Division of Forest Re~;ources to set up a County
Forest Service.
Chm.
Volunteer
agrument
Davis stated that: he felt a l'epre~ entative fl'om the Forestry Service and the
Fire Departmen-ts shoulj appear bef:)re the BOc,rd so that both sides of the
could be heard.
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It was agreed by Common Consent tc' ask Mr. Walden of the N. C. DiVision of Fores';;'
Resources to contact Mr. Abernathy of the Fire Department Inspections Committee to dis-
cuss the matter and then request appearance before the Commissioners if they were
interested in establishing a Cou 1ty Fores1: Service.
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MINUTES OF REGULAR MEETING, APRIL 20, 1976 (CONTINUED)
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shierds, that the meeting be adjourned.
Upon vote, the motion carried as follows:
voting Aye: Comm. Alper, 0' Shields, Wright anc, Chm. Davis
Absent: Comm. Taylor
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Chm. Davis adjourned the meeting at 12:35 o'clock p. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to thE! Board
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MINUTES OF SPECIAL MEETING, APRIL 27, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in a Special Joint Session with
the Wilmington City Council on Tuesday, April 27, 1976, at 8:00 o'clock a. m. in the
Assembly Room, New Hanover County Administration Building, 320 Chestnut Street Wilmington,
North Carolina, to discuss the Recreation Master Pl.m with Mr. Gardner Gidley.
Members present were COn@issioners, George E. i\lper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W.
Eller; and Clerk to the Board Alyce B. Brown. Coun1:y Attorney James C. Fox was absent.
Members of the Wilmington City Council present were Mayor Ben Halterman; Councilmen
william Schwartz; Charles Green, Margaret Fonvielle and city Manager John A. Jones.
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Chm. Davis called the meeting to order.
PRESENTATION OF PARKS AND RECREATION MASTER PLAN
Mr. Gardner Gidley presented copies of the Parks and Recr~ation Master Plan to
the members present for their consideration. He then briefly outlined the Plan and
explained the reasons for his recommendations. He stated that he hoped each Board would
review the Plan and formally adopt it at a later meeting.
Chm. Davis requested the County Commissioners to review the Plan and discuss it
again at the Regular Commission Meeting on Monday, i~y 3.
Each of the board members present expressed hi; opinions of the Plan. (See PaQ~.l~4
for aCid1.- twn)
Mr. M. H. Vaughan, Mr. Ted Sampley, Mr. Rex Byr:-d and Mr,. Paul Meadows appeared as
interested citizens to express their opinions and a.sk questions on the Plan as outlined
by Mr. Gidley.
Mrs. Fonvielle suggested that another joint me,~ting be held in approximately two
weeks to discuss the Plan again after the board members had a chance to review it and
then it could either be adopted or rejected.
Chm. Davis asked the members of City Council to advise the County Manager when they
had reviewed the Plan and were ready for another joint meeting.
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ADJOURNMENT
Comm. Alper moved, seconded by Comm. Taylor, trlat the meeting be adjourned.
vote, the motion carried unanimously.
Upon
Chm. Davis adjourned the meeting at 9: 10 0' clo<:::k a. m.
R~spectfully submitted,'
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Alyce B. Brown
Clerk to the Board
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