1978-02-06 Regular Meeting
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978
ASSEMBLY
The New Hanover County Board of Commissioners met ,in Regular Session on Mon~ay,
February 6, 1978, at 9:00 o'clock a. m. in the Assembly Room, ,New Hanover County
Administration Building, 320 Chestnut Street, Wilmington, North Carolina.
Members present were Commissioners George E. Alper: Karen E. Gottovi: Ellen C.
Williams: Vivian S. Wright; Chairman Claud O'Shields, Jr.; County Manager Dan W. Eller:
County Attorney James C. Fox: and Clerk to the Board, Alyce B. Rusmisell. No members
were absent.
Chrn. O'Shields called the meeting to order.
Rev. Fritz Hudson of the Unitarian Universalist Fellowship offered the
invocation a
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 16, 1978'; AND SPECIAL MEETING, JANUARY 23,
1978
Comm. Wright moved, seconded by Comm. Gottovi, to approve the Minutes of the Regular
Meeting of January 16, 1978, and the Special Meeting of January 23, 1978, as presented.
Upon vote, the motion carried unanimously.
APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 31, 1978
Comm. Wright requested that she be allowed to abstain from voting on approval as she
was not present at the meeting.
Comm. Williams moved, seconded by Comm. Gottovi, that the Minutes of the Special
Meeting,of January 31, 1978, be approved as presented and that Comm. Wright be allowed
to abstain from voting. Upon vote, the motion'carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields
Abstaining: Comm. Wright
RECOGNITION OF JOHN A. WESTBROOK UPON HIS RETIREMENT
Chrn. 0' Shields recognized Mr. John A. Westbrook upon his retirement from the New
Hanover County Airport after 30 years of service. Chrn. O'Shields presented Mr. Westbrook
with an engraved medallion of the County seaL'..
CONTINUATION OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH SIDE
OF NORTH KERR AVENUE 495 FEET EAST OF HIGHWAY 117 FROM A-R (AIRPORT RESIDENTIAL DISTRICT)
TO B-1 (BUSINESS DISTRICT).
At the request of Mr. Jack Courtright, the petitioner, Chrn. O'Shields reported that
this Public Hearing would be continued until the'second meeting in February. (Motion
for continuance made later in the meeting.)
DISCUSSION OF GRANT FOR AMBULANCE FOR OGDEN RESCUE SQUAD
Mr. Tim Caulder and Mr. Ray Stanford of the Ogden Rescue Squad appeared before the
Board and reported that they had been advised of an objection from Mr. Henry Hoyle,
a local emergency service provider, to their application for a grant under the Governor's
Highway Safety Program. They requested that, since their application would not be
approved, the Commissioners retract the application so someone else could apply for
the funds and that the Board consider possible legal action against Mr. Hoyle or revoke
his ambulance franchise. They also requested that they be allowed to use the $10,000
allocated to purchase an ambulance on their own.
Chrn. O'Shields read into the record a letter that Mr. Caulder had received from
Mr. Hoyle.
A copy of the letter is contained in Exhibit Book V, Page 66.
Camm. Wright moved, seconded by Camm. Williams, to request that Mr. Hoyle furnish
his balance sheets and profit & loss stat~ments for the last three years in order to
determine his fiscal responsibility and hrs frnancial ability to provide emergency
service. Upon vote, the motion carried unanimously.
Comm. Gottovi moved to write a letter to Mr. Hoyle indicating the Board's request
that he approve this grant request and in~orm the Board of his decision immediately.
Carom. Wright suggested that he be reminded of all the things the Board had done
to try to help him.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)
DISCUSSION ON AMBULANCE (CONTINUED)
Comm. Alper requested Comm. Gottovi's motion be amended to include the statement
that Mr; Hoyle',s'action in not signing the letter of approval was contrary to the
feeling of the Board and its motives and, therefore, the Board requests that he
sign the letter.
Comm. Williams seconded Corom. Gottovi' s motion and the amendment and uPon vote,
the motion carried unanimously.
It was the concensus of the Board that if Ogden did not get their ambulance
under the grant, they could still use the $10,000 allocated by the Commission on
January 16.
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BREAK
Chrn. O'Shields recessed the meeting for a break from 9:40 o'clock a. m. until
9:46 o'clock a. m.
DISCUSSION ON AMBULANCE GRANT (CONTINUED)
Comm. Wright moved, seconded by Comm. Williams, that a letter be written to the
proper state officials expressrng the Board's view that this was not a competition
item as far as the ambulances were concerned. Upon vote, the motion carried unanimously.
PROCLAMATION, - HUMAN RELATIONS MONTH
Rev. Vivan Martindale and Mr. David Jackson of the Wilmington/New Hanover Human
Relations Commission appeared to request,the Board to adopt a Resolution proclaiming
the month of February as Human Relations Month.
Comm. Alper
claimed as Human
as follows:
moved, seconded by Camm. Williams, that the month of February be pro-
Relations Month in New Hanover County. Upon vote, the motion carried
Voting Aye:
Comm. Alper, Gottovi, Williams and Chrn. 0' Shields
Voting Noe: Comm. Wright
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PUBLIC HEARING - REGIONAL LAND USE PLAN
Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments,
and Mr. Bill Reilly and Mr. Ralph Cantral of the Council of Governments presented to
the Commissioners the Regional Land Use Plan prepared by the Council of Governments.
Chrn. O'Shields asked if there was anyone present to comment on this Regional
Land Use Plan and no appeared in this regard.
Comm. Gottovi moved, seconded by Chrn. O'Shields, to adopt the Regional Land Use
Plan as presented by the Cape Fear Council of Governments.
Comm. Alper requested that the motion be amended to state that the approval would
be granted at the present but sUbject to review and change in the future. Upon vote,
the motion and the amendment carried as follows:
Voting Aye: Comma Alper, Gottovi, Williams and ChIn. Q'Shields
Voting Noe: Comm. Wright
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF THE INTERSECTION OF AIRLIE ROAD AND ALLEN'S LANE FOR DOCKS,
REPAIR, SALES, SERVICE AND STORAGE OF BOATS IN A B-1 DISTRICT (BUSINESS DISTRICT).
Planning Director Richard Fender reported that this Special Use Permit had been
considered by the Planning Commission at its meeting of January 5, 1978, and both the 0
Planning Commission and Planning Staff recommended approval.
Chrn. O'Shields asked if there was anyone present to speak in favor of or in
opposition to this Special Use Permit and no one appeared in this regard.
After the Cammissionhad considered the following four items and found them
to be fact, (a) that the use would not materially endanger the pUblic health or
safety if located where proposed and developed according to the plan as sUbmitted and
approved: (b) that the use met all required conditions and specifications; (c) that
the use would not substantially injure the value of adjoining or abutting property or
the use was a public necessity; and (d) that the location and character of the use
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)
SPECIAL USE PERMIT ON AIRLIE ROAD (CONTINUED)
if developed according to the plan as sUbmitted and approved, would be in harmony
with the area in which it was to be located and in general conformity with' the ~
plan of development for New Hanover county; Cornm. Wright moved, seconded by
Cornm. Williams, that the Special Use Permit be issued based on the same conditions
as recommended by the Planning Commission. Upon vote, the motion,carried unanimously.
CONTINUATION OF PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTH
SIDE OF NORTH KERR AVENUE 495 FEET EAST OF HIGHWAY 117 FROM A-R (AIRPORT RESIDENTIAL
DISTRICT) TO B-1 (BUSINESS DISTRICT) .
Comm. Alper moved, seconded by Comm. Williams, to continue consideration of
this Special Use Permit until the meeting of February 20, 1978, at 9:30 a. m.
Upon vote, the motion carried unanimously.
BREAK
Chrn. O'Shields recessed the meeting for a break from 10:39 o'clock a. m. until
10:52 o'clock a. m.
DISCUSSION ON NOISE ORDINANCE
The Commissioners had been furnished copies of a revised Ordinance Prohibiting
Loud, Disturbing and Unnecessary Noises in New Hanover County.
Sheriff Grohman appeared before the Board and explained the reasons he had
requested that a Noise Ordinance be prepared. He also requested that adoption
of the proposed ordinance be delayed for ,further review and revision.
Chrn. O'Shields asked if there was anyone present to comment on this ordinance
and the following persons appeared:
Mr. Jimmy Carter, 507 Castle Hayne Road
Mr. John Maye, 409 Benjamin Avenue
Mr. James A. Ke=
County Attorney Fox offered his comments on the Ordinance.
It was agreed by common consent to table this matter until further information
could be obtained.
BUDGET TRANSFER - SHERIFF'S DEPARTMENT
Sheriff Grohman and Sgt. Pickler of the Sheriff's Department appeared before the
Board to request funds in the amount of $740 for memberships in the YMCA to establish
a physical fitness program for the Sheriff's Department.
Comm. Alper moved, seconded by Comm. Williams, approval of' the transfer of $740
from Contingencies, Acct. #1144561, to Travel, Meetings and Schools, Acct. #11'51014,
to purchase, members in the YMCA. Upon vote, the motion carried unanimously.
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ADOPTION OF ORDINANCE TO LICENSE INSULATION CONTRACTORS
County Engineer Robert Williams and Chief Building Inspector Thad Carmichael
appeared before the Board to answer questions and explain the proposed ordinance to
license insulation contractors.
Camm. Gottovi moved, seconded by Comm. Williams, adoption of "An Ordinance to
License Insulation Contractors and Others Who Install Materials and Equipment Designed
to Meet the Energy Canservation Standards of the State Building Code", with the
effective dates changed from January 1, 1978, to March 1, 1978. Upon vote, the
motion carried unanimously.
A copy of the Ordinance is in the Ordinance Book in the Clerk's Office.
ADOPTION OF AFFIRMATIVE ACTION PLAN FOR NEW HANOVER COUNTY
Miss Mary Ann Current of the Office of State Personnel and Mr. Gary Cannon, New
Hanover COunty Personnel Director, appeared before the Board to answer questions and
explain the Affirmative Action Plan, copies of which had previously been furnished the
Commissioners.
Chrn. O'Shields called for comments from the audience and Mr. John Maye and Mr. C. G.
Berry offered comments.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)'
AFFIRMATIVE ACTION PLAN (CONTINUED)
Comm. Alper moved, seconded by Comm. Gottovi, to endorse the Affirmative Action
Plan for New Hanover County. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields
Voting Noe: Comm. Wright
A copy of the Affirmative Action Plan is on file in the County Manager's Office.
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LUNCH BREAK
Chrn. O'Shields recessed the meeting for lunch from 12:25 o'clock p. m. until
1:40 o'clock p. m.
REPORT ON COUNTY TREE PROGRAM
Mr. Durwood Baggett, Agricultural Extension Chairman for New Hanover County, re-
ported to the Board on the annual tree distribution program sponsored by the Caunty.
APPROVAL OF SUPPLEMENTAL AGREEMENTS TO AIRPORT GRANTS
Mr. R. C. Shackelford, Airport Manager, presented to the Board requests for ap-
proval of Supplemental Agreements to the Runway Strengthening and the Taxiway "A"
Projects at the Airport and also requested that certain actions taken by the Commis-
sioners at the meetings of January 3 and January 16 be rescinded.
Cornrn. Wright moved, seconded by Comm. Williams, that the following action be taken
as requested by the Airport Manager:
1. Supplemental Agreement No. 1 to Dickerson, Inc., contract on the ADAP 04
Project which was approved by the Commissioners on January 3, 1978, be
rescinded:
2. Supplemental Agreements No.1 & 2 to Dickerson, Inc. contract on the ADAP 03
Project and Supplemental Agreement No.2 to Dickerson, Inc. contract on the
ADAP 04 project which were approved by the Commissioners on January 16, 1978,
be rescinded.
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3. Supplemental Agreement No.1 to Dickerson, Inc. contract on the ADAP 04 project
be approved.
4. Supplemental Agreement No.1 to Dickerson, Inc. contract on the ADAP 03 project
be approved.
5. Supplemental Agreement No. 2 to Bryant Electric Company, Inc. contract on
the ADAP 04 Project be approved.
6. Capital Project Ordinances on the ADAP 03 and 04 projects be amended as
follows:
a. ADAP 03 Debit ~ Paving Contract
Credit - Contingencies & Administrative
$ 24,557.
24,557.
b. ADAP 04 'Debit - Contingencies & Administrative
Debit - Contingencies & Administrative
Credit - Paving Contract
Credit - Lighting Contract
$ 8,042.
4,400.
8,042.
4,400.
Upon vote, the motion carried unanimously~
CAPITAL PROJECT ORDINANCE - GENERAL AVIATION APRON 0
Airport Manager R. C. Shackelford appeared before the Board to answer questions and
explain the Capital Project Ordinance requested for the General Aviation Apron.
County Manager Eller reported that the revenues to finance the project should be
changed in the Ordinance so that "Transfer from Airport" would be, $17,571, and an
additional account "Transfer from General Contingencies" should be added in the
amount of $16,479.
Comm. Alper moved, seconded by Comm. Williams, to adopt the,Ordinance entitled
"Project Ordinance for the Construction of the General Aviation Apron - North, and
Preparation of the Exhibit "A" Property Map, Airport Layout Plan Update, Approach &
Obstruction Survey and Land Purchase & Clearing", with the changes as indicated by the
County Manager. Upon vote, the motion carried unanimously..
A copy of the Ordinance is contained in Exhibit Book V, Page 67.
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169
MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)
ACCEPTANCE OF PROPOSAL WITH D' APPOLONIA ENGINEERING FIRM FOR SOIL BORINGS AT AIRPORT
Airport Manager R. C. Shackelford reported that proposals had been receivedl from
D'Appolonia Consulting Engineers, Soil & Materials Engineers and Law Engineering, and
the Airport Consultants had recommended the proposal from D'Appolonia be accepted.
Cornrn. Alper moved, seconded by Chrn. O'Shields, to accept D'Appolonia's proposal
in the amount of $1,075 with no other costs to be incurred without prior approval of
the Board. Upon vote, the motion carried unanimously.
DEMOLITION OF BUILDINGS ON AIRPORT PROPERTY
Comm. Williams moved, seconded by Comrn. Wright, approval of demolishing 10 buildings
on Airport property that were previously used by the National ,Guard. Upon ,vote, the
motion carried unanimously.
BUDGET AMENDMENT - AIRPORT RUNWAY STRENGTHENING PROJECT
Comm. ,Wright moved, seconded by Comm. Williams, to approve the following budget
amendment in the Airport Runway Strengthening Project to account for funds that were
budgeted in the 1976/77 budget and reverted to the fund balance as of June 30, 1977:
Debit - Acct. #31 299 00, Airport Fund Balance
Credit - Acct. #31 650 97, Transfer to Capital Project
$ 61,174.
61,174.
Upon vote, the motion carried unanimoUSly.
APPROVAL OF BLEACHERS FOR HUGH MACRAE PARK
County Manager Eller read portions of an Agreement with the Winter park Optimist
Club which he proposed be attached to their permit to use Hugh MacRae Park for the
Little League Baseball Program.
Comm. Wright moved, seconded by Comm. Gottovi, to approve the erection'of new
bleachers at Hugh MacRae Park by the Winter Park Optimist ClUb and to thank the clUb
for them. Upon vote, the motion carried unanimously.
APPROVAL OF VOCATIONAL REHABILITATION AGREEMENT
Comm. Williams moved, seconded by Comm. Gottovi, approval of the agreement between
the County and the NOrth Carolina Division of Vocational Rehabilitation Services. Upon
vote, the motion carried unanimoUSly.
A copy of the Agreement is on file in the County Manager's Office.
DELETION OF BUDGET TRANSFER - HOSPITAL EXPANSION PROJECT
County Manager Eller requested the budget transfer in the amount of $2,949 in the
Hospital Expansion Capital Project Ordinance be deleted as he had asked for additional
information on the matter. He stated that it would be put on the agenda at a later date
if necessary.
BUDGET AMENDMENT - LIBRARY REPAIRS
Cornrn. Wright moved, seconded by Cornrn. Williams, approval of transferring $587.79
from Appropriated Fund Balance to Miscellaneous Expense, Acct. #63 575 57, in the
Courthouse and Jail Construction Fund to reimburse the City of Wilmington for repairs
to the heating system at the Library which resulted from construction work on Phase I
of the Law Enforcement Center. Upon vote, the motion carried ,unanimously.
BUDGET AMENDMENT - PUBLIC SCHOOLS
Comm. Alper moved, seconded by Comm. Gottovi, approval of the following budget
amendment to credit the school system with 1974 taxes collected that were not budgeted:
Revenue:
Debit - Acct. #52 301 02, Taxes ad valorem, 1974
$ 25,000.
Expendi tures :
Credit - Acct. #52 660 98, Capital Outlay Fund
$ 25,000.
Upon vote, the motion carried' unanimously.
CLEAN WATER BOND ALLOCATION
Comm. Alper moved, seconded by Comm. :Gottovi, to authorize' the Chairman to execute
the Offer and Acceptance for Clean Water llond FuncE in the amount of $1,377,745 for con-
struction of the Countywide ,Water Syst,em. Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)
CAROLINA/KURE BEACH 201 FACILITIES PLAN
Comm. Alper moved, seconded by Comm. Williams, approval of filing the Clearinghouse
Notification Form (OIR Form #1) so the State review of the 201 Facilities Plan for the
Carolina/Kure Beach Area can be completed. Upon vote, the motion carried unanimously.
DISCUSSION ON PLEASURE ISLAND PIER, INC.
Mr. Elton Tucker, Attorney representing the Pleasure Island Pier, Inc., appeared
before the Board to ask that the Commission adopt a Resolution approving the offer
of sale of the stock of Pleasure Island Pier, Inc., pursuant to the North Carolina 0
Security Act, G. S. 78A-17(13) , for the purpose of promoting community development in
order to enable the corporation to avoid having to register under the North Carolina
Securities Act to offer its stock for sale as this would involve a great deal of red
tape and expense.
County Attorney Fox offered his comments on the matter.
No action was taken.
DISCUSSION ON WEATHERIZATION PROGRAM
Mi~s Lela Moore Hall, Director of Social Services, appeared before the Board to
report on a meeting she had attended concerning the weatherization program.
Comm. Wright moved, seconded by Camm. Alper, that this program be dropped at this
time. Upon vote, the motion carried unaniIl'Dusly.
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Miss Hall agreed to keep up with the program to see if it could be started earlier
next year.
DISCUSSION ON CONGREGATE FEEDING PROGRAM
Comm. Gottovi had received a petition from persons using the congregate feeding
program for the elderly objecting to the quality of meals being served in the program.
Mr. George Bryant of Sencland Community Action, operator of the program, appeared
before the Board to answer questions.
No action was taken.
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BUDGET GUIDELINES
County Manager Eller requested suggestions and requests from the Commissioners
regarding the preparation of the budget for Fiscal Year 1978/79.
Chrn. O'Shields moved, seconded by Comm. Williams, to instruct the County Manager
to prepare the budget with a 6% cost of living increase for Caunty employees. Upon
vote, the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chrn. O'Shields
Voting Noe: Comm. Wright
AMENDMENT TO PERSONNEL POLICY
County Manager Eller explained the amendment to the Personnel Policy, copies of
which had been furnished to the Commissioners.
Comm. Wright moved approval of the following amendments to the Personnel Policy:
P. 19, Article V, Sec. 8, Insert after first sentence in second paragraph:
"The three warnings may result from any kind or class of conduct, related or
unrelated, constituting failure of performance of duties at any time during
employment, and are not limited to those listed in sub-paragraphs (a) through
(g) in this section."
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P. 20, Article V, Sec. 9, Insert after the word "representative" in the first
sentence of second paragraph:
"but not limited to"
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MINUTES OF REGULAR MEETING, FEBRUARY 6, 1978 (CONTINUED)
AMENDMENT TO PERSONNEL POLICY (CONTINUED)
Comm. Wright amended her motion to include an additional amendment: whereby an
employee would have to sign the letters or warnings acknowledging that he was awl.re
that they had been put in his personnel file. I
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Comm. Williams seconded the motion and amendment and upon vote, the motion
carried unanimously.
DISCUSSION ON MUSEUM ANNUAL REPORT
Comm. Wright questioned, the jus,tification of costs incurred in printing the
Museum's Annual Report, and County Manager Eller explained to the Board, that the
Museum Board of Trustees had requested it be done.
BUDGET AMENDMENT - LEAD POISONING
Comm. Alper moved, seconded by Camm. Gottovi, approval of the following budget
amendment in the Health Department to provide for continuous operation of the lead
poisoning project:
Debit - Acct. #44 368 14, Federal Grant - Lead Poisoning $ 20,184
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Credit - Acct. #44 596 02, Salaries & Wages $ 10,868
Acct. #44 596 04, Professional Services 1,470
Acct. #44 596 05, FICA 657
Acct. #44 596 06, Hospital Insurance 218
Acct. #44 596 07, Retirement 731
Acct. #44 596 10, Auto Allowance 540
Acct. #44 596 11, Postage and Telephone 1,200
Acct. #44 596 14, Travel, Meetings & Schools 1,000
Acct. #44 596 16, Maintenance & Repairs - Equipment 1,000
Acct. #44 596 33, Supplies & Materials 800
Acct. #44 596 45, Contracted Services 1,700
Upon vote, the motion carried unanimously.
COUNTY MANAGER OUT OF TOWN
County Manager Eller reported that he would be in Chapel Hill on Wednesday,
Thursday and Friday of this week attending the City and County ,Manager's Conference.
EXECUTIVE SESSION
Cornrn. Gottovi moved, seconded by Chrn. O'Shields, that the meeting be
Executive Session to discuss land acquisition and committee appointments:
the motion carried as follows:
recessed to
Upon vote,
Voting Aye: Comm. Gottovi, Wright and Chrn. O'Shields
Temporarily Absent: Cornrn. Alper and Williams
Chrn. O'Shields recessed the meeting to Executive Session at 4:10 o'clock p. m.
Chrn. O'Shields reconvened the meeting to PUblic Session at 4:33 o'clock p. m.
ADJOURNMENT
Cornrn. Alper moved, seconded by Chrn. O'Shields, that the meeting be adjourned. Upon
vote, the motion carried unanimously.
Chrn. O'Shields adjourned the meeting at 4:33 o'clock p. m.
Respectfully submitted,
~.8. ~~-~ e~~ -
Alyce B. Rusmisell
Clerk to the Board
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