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1978-02-20 Regular Meeting 172 /'};J. MINUTES OF REGULAR MEETING, FEBRUARY 20, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, February 20, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, 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. Chm. O'Shields called the meeting to order. o Rev. Leroy R. Blair of Warner Temple A.M.E. Zion Church offered the invocation. APProVAL OF MINUTES: REGULAR MEETING, FEBRUARY 6, 1978 Upon motion by Comm. Williams, seconded by Comm. Alper, the Minutes of the Regular Meeting of February 6, 1978, were unanimously approved as presented. PUBLIC HEARING - SECONDARY ROAD CONSTRUCTION AND BOND FUNDS Notice had been given that the Division of Highways of the Department of Trans- portation would hold a public hearing with the New Hanover County Commissioners and other interested County residents in regard to expenditures of Secondary Road, COn- struction and Bond funds for improvements of secondary roads in New Hanover County on February 20, 1978, at 9:00 a. m. Mr. Garland Garrett, Jr., Secondary Roads Councilman, and Mr. T. W. Funderburk, Division Engineer of the Division of Highways Department of Transportation, appeared before the Board and gave their recommendations for secondary road construction and expenditure of bonds funds in the amount of $59,380. Chm. O'Shields asked if there was anyone present to speak on this matter and no one appeared. Comm. Alper moved, seconded by Comm. Gottovi, to accept the recommendation of the Department of Transportation for the widening of Greenville Loop Road. Upon vote, the motion carried as follows: o Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright Comm. Wright stated for the record to show that she did not object to the Green- ville Loop Road being widened, but she did object to being treated like a "rubber stamp". ENDORSEMENT OF SCHOOL FOR THE DEAF IN WILSON, NC Mrs. Joyce Baines, and a group of mothers of deaf children in New Hanover County, requested the Commissioners to support and endorse the establishment of a high school for the deaf in Wilson, North Carolina. Comm. Wright moved, seconded by Comm. Alper, to endorse the efforts to get a high school for the deaf in'Wilson," N. C. Comm. Williams moved to ask commissioners in other counties to endorse this effort also. The motion did not receive a second. Upon vote, Comm. Wright's motion carried unanimously. PLEASURE ISLAND PIER, INC. Mr. Elton Tucker, Attorney, appeared before the Board to request that the Commis- 0 sioners adopt a resolution approving the offer of sale of stock in Pleasure Island Pier, Inc., pursuant to the North Carolina Security Act, G. S. 78A-17(13) , for the purpose of promoting community development. This matter had been discussed at the meeting of February 6"and no action was taken. Mr. Tucker had furnished the Commissioners with additional information received from the Attorney General's Office. Comm. Wright moved, seconded by'Comm. Alper, to deny this request. County Attorney Fox offered comments on this matter. o o o " 173 MINUTES OF REGULAR MEETING, FEBRUARY 20, 1978 (CONTINUED) PLEASURE ISLAND PIER, INC. (CONTINUED) , ChID. O'Shields Moved, seconded by Comm. Gottovi, to table this matter until the first meeting in March for additional information to be obtained. Upon vote, thb motion carried as follows: Voting Aye: Comm. Gottovi, Williams. and ChID. O'Shields voting Noe: Comm. Alper and Wright BREAK Chm. O'Shields recessed the meeting for a break'from 10:05 o'clock ,a. m. until 10:15 o'clock a. m. 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). This public hearing had been continued from the meeting of February 6, 1978. Comm. Gottovi moved, seconded by Comm. Wright, that Chm. ,0' Shields be allowed to abstain from voting in this matter, at his request, for business reasons. Upon vote, the motion carried unanimously. Planning Director Richard Fender reported that this matter was considered at the Planning Commission meeting in November and 'continued to the December meeting at which time a tie vote was cast. He stated that the Planning Staff had recommended denial and gave the reasons for the recommendation of denial. Vice-Chm. Alper asked if there was anyone present to speak in favor of this re- zoning and Mr. Jack Courtright appeared to represent the owners of the property in asking approval. Vice-Chm. Alper asked if there was anyone present to speak in opposition to this rezoning and no one appeared. Vice~Chm. Alper moved ,to support the Planning, Staff's recommendation of denial. The motion died for lack of a second. Comm. Wright moved, seconded by Comm. Williams, approval of the rezoning and the adoption of "An Ordinance of the County of New Hanover Amending the Zoning Map of the Airport Zoning Area of New Hanover County, North Carolina adopted October 4, 1976". Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, williams and wright Abstaining: Chm. O'Shields A copy of the Ordinance is contained in the Zoning Ordinance Book I, Section IIAirport", Page 1. APPROVAL OF HEW SECTION 1203 GRANT APPLICATION FOR EMERGENCY MEDICAL SERVICES Mr. Jerry Ramsey of the Cape Fear Council of Governments appeared before the Board to explain the HEW Section 1203 Grant which would require a 50% local match the first year. He stated that the funds appropriated for this fiscal year could serve as the matching funds and presented the priorities that were recommended for the grant funds and requested support for priorities #1 and #2. A copy of the list of priorities is contained in Exhibit Book V, Page 68. Comm. Gottovi moved, seconded by Comm. Wright, to approve the first and second priorities on the list. Upon vote, the motion carried unanimously. ALLOCATION OF FUNDS FOR OGDEN RESCUE SQUAD AMBULANCE Comm. Williams moved, seconded by Cornm. Wright, that since it appeared that the grant application for Ogden Rescue Squad was not going to be approved, they still be allowed to use the $10,000 that had been allocated to help them'purchase an ambulance. Upon vote, the motion carried unanimously. 1174 171 MINUTES OF REGULAR MEETING, FEBRUARY 20, 1978 (CONTINUED) REQUEST FOR COUNTY FUNDING FROM OFFENDER AID AND RESTORATION Mrs. Barbara Graham, Executive Director, and Mr. Deother Melvin, Chm. of the Board of Directors of Offender Aid and Restoration, and Sheriff H. G. Grohman appeared before the Board to request that New Hanover County assume responsibility for funding the OAR Program for the fiscal year beginning July 1, 1978. Comm. Wright moved, seconded by Comm. Williams, to write a letter to united Way requesting that they reconsider funding the Offender Aid and Restoration Program. Upon vote, the nDtion carried unanimously. o BREAK Chm. O'Shields recessed the meeting for a break from 11:22 o'clock a. m. until 11:32 o'clock a. m. PROCLAMATION - NATIONAL ENGINEERS' WEEK Comm. Alper moved, seconded by Comm. Wright, approval of the Proclamation pro- claiming the week of February 19 - 25 as National Engineers' Week. Upon vote, the motion carried unanimously. APproVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH JANUARY 31, 1978 Comm. Wright moved, seconded by Comm. Williams, approval of the Report of the Collector of Revenue through January 31, 1978. Upon vote, the motion carried unanimously. A copy of the report is contained in Exhibit Book V, Page 69. APproVAL OF TAX ABATEMENTS AND REFUNDS Tax Administrator Larry Powell clarified several items which were questioned by the County Attorney. Comm. Wright moved, seconded by Comm. Williams, that items ,(1) release of penalty to Babcock & wilcox in the amount of $312.27; (3) release of penalty to E. C. White Trucks in the amount of $186.93; and (4) release of penalty to Exxon Corporation in the amount of $900.28 on page 1 of the list of abatements and refunds not be released. Upon vote, ..the' mo.tion carried unanirrously. o Comm. Gottovi moved, seconded by Comm. Alper, to approve the remaining items on the list of abatements and refunds. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: Comm. Wright A copy of the list is contained in Exhibit Book V, Page 70. SALE OF TAX LIENS ON REAL PROPERTY ChID. O'Shields moved, seconded by Comm. Wright, that the sale date for tax liens on real property be May 1, 1978, as requested by the Tax Administrator. Upon vote, the motion carried unanimously. DISCUSSION ON PAYING TAXES ON MOTOR VEHICLES WHEN TAGS PURCHASED Comm. Williams requested information on whether or not there had been any progress on getting taxes paid on motor vehicles when the annual license tags were purchased and was informed by the Tax Administrator that this idea had been abandoned for the present time. RELEASKOP,-TAXES "AFTER ,IO"YEARS Comm. O'Shields moved, seconded by Comm. Alper, that the following charges be re- leased as 'G. S. 105-378 does not allow forced collection of taxes after ten years from the date due: o Amt. of Personal Taxes New Hanover County City of Wilmi~gton Carolina Beach Kure Beach Wrightsville Beach $ 13,021. 36 9,183.72 494.28 47.38 969.67 Upon vote, the motion carried unanimously. ,0 '- l 175 MINUTES OF REGULAR MEETING, FEBRUARY 20, 1978 (CONTINUED) APPROVAL OF PRIVATE SALE OF TAX FORECLOSED PROPERTY AT 406 's. 7TH STREET Comm. Alper moved, seconded by Comm., Wright, approval of the sale of tax fore- closed property located at 406 S. 7th Street to Mr. Israel Butler in the amount of $526.99 as authorized by G. S. 105-376(c). Upon vote, the motion carried unanimously. BUDGET' TRANSFER - TAX DEPARTMENT Comm. Wright moved, seconded by Comm. Gottovi, approval of the transfer of $5,485 from Acct. #11 450 70, Tax Foreclosure, to Acct. #11 450 45, Contracted Services, in the Tax Department Budget to computerize the delinquent real estate records. Upon vote, the motion carried unanimously. BUDGET TRANSFER - ELECTIONS Comm. Gottovi moved, seconded by Comm. Alper, approval of the following transfers in the Board of Elections Budget for expenses which were not anticipated at the time the budget was prepared: Debit - Acct. #11 335 00, Miscellaneous Revenue $ 8,000 Credit - Acct. #11 430 02, Salaries & Wages $ 2,500 'Acct. #11 430 04, Professional Services 5,000. Acct. #11 430 14, Travel, Meetings & Schools 500 Upon vote, the motion carried unanimously. BUDGET AMENDMENT - HOSPITAL EXPANSION PROGRAM Comm. Alper moved, seconded by Comm. Williams, approval of the', following budget amendment in the Hospital Expansion Program to reflect change orders, approved by the Hospital Board of Trustees: Debit, -'Acct. #78 575 70, General Contract $ 2,973 Acct. #78 575 76, Contingencies 2,836 Credit - Acct. #78 575 71, Plumbing Contract $ 4,548 0\ Acct. #78 575 72, Heating & A/c Contract 775 Acct. #78 575 73, Electrical Contract 486 Upon vote, the motion carried unanimously. o BUDGET TRANSFER - GARAGE Comm. Williams moved, seconded by Comm. Alper, approval of the transfer of $525 from Acct. #11 555 33, Supplies & Materials, to Acct. #11 555 36, Uniforms, in the Garage Budget to cover the increase in uniform rental and to provide uniforms for two CETA employees. Upon vote, the motion carried unanimously. DISCUSSION ON BOUNDARY COMMISSION Comm. Alper requested information on the Boundary Commission to settle the dispute between New Hanover and Pender Counties as to the boundary line at Figure Eight Island. County Attorney Fox reported that the Boundary Commission had scheduled a meeting with the County commissioners on March 15 to discuss the procedure to be followed. DISCUSSION ON INVITING LEGISLATORS AS GUESTS FOR AZALEA FESTIVAL Chm. O'Shields reported that he had received a suggestion that the County Commis- sio~ers invite members of the legislature and ports authority as guests for the Azalea Festival to help promote the port at Wilmington. No action was taken. GROUND BREAKING FOR ALBERT COATES BUILDING Chm. O'Shields announced that the ground breaking ceremony for the Albert Coates Local Government Center in Raleigh would be Friday, March 3, if anyone was interested in attending. BUDGET AMENDMENT - HOSPITAL EXPANSION Comm. Williams moved, seconded by Carom. Alper, approval of the following budget amendment in the Hospital Expansion Capit~l Project Fund to budget interest earned on bond proceeds invested in certificates' of deposit: Revenue: Debit - Acct. #78 329 00, Interest on Investment $37,684. Expenditure: Credit - Acct. #78 575 96, Transfer to Debt Service $37,684. Upon vote, the motion carried unanimously. 176 /7'- MINUTES OF REGULAR MEETING, FEBRUARY 20, 1978 (CONTINUED) BUDGET AMENDMENT - HOSPITAL CAPITAL PROJECT FUND Comm. Alper moved, seconded by Comm. Wright, to approve transferring the sum of $2,949 from Contingencies, Acct. #78 575 76, to Electrical Contract, Acct. #78 575 78, in the Hospital Capital Project Fund to cover a change order' for additional fire alarm control panel. Upon vote, the motion carried unanimously. CHANGE ORDER AND BUDGET TRANSFER - LAW ENFORCEMENT CENTER Comm. Gottovi moved, seconded by Comm. Williams, approval of change orders P2 and p3,to the Plumbing Contract for the Law Enforcement Center and the transfer of $357.29 from Contingencies, Acct. #77 575 80, to Plumbing Contract, Acct. #77 575 71, to 0 cover the change orders. Upon vote, the motion carried unanimously. BUDGET TRANSFER - HEALTH DEPARI'MENT Comm. Alper moved, seconded by Comm. williams, approval of the transfer of $1,813 from Salaries & Wages, Acct. #44 590 02, to Equipment, Acct. #44 590 74, to purchase the following equipment for analyzing water samples from the City of Wilmington Water Treatment Plant: 1 - Lab Line Imperial Oven J 1630 1 - B & L Stereo Microscope M322-l 1 - Flo. Illuminator M3269-l 1 - Gelman Vacuum Pump P84075 1 - Refrigerator $ 600. 575. 73. 140. 425. $1,813. Upon vote, the motion carried unanimously. EXECUTIVE SESSION Comm. Alper moved, seconded by Comm. Williams, that the meeting be recessed to Executive Session for committee appointments and to discuss land acquisition. Upon vote, the motion carried unanimously. Chm. O'Shields recessed the meeting to Executive 'Session at 12:10 o'clock p. m. Chm. O'Shields reconvened the meeting to Public Session at 12:45 o'clock p. m. ,0 APPOINTMENT OF ERNEST FULLWOOD TO PLANNING COMMISSION Comm. Gottovi moved, seconded by Comm. Williams, to the Planning Commission to fill an unexpired term. as follows: that Ernest Fullwood be appointed Upon vote, the motion carried Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields Voting Noe: COmm. Wright APPOINTMENT OF E. W. MERRITT, JR. AND CLAUD 0' SHIELDS, JR. TO SEDC Comm. Alper moved, seconded by COInm. Gottovi, that Mr. E. W. Merritt, Jr. and Mr. Claud O'Shields, Jr. be appointed to the Southeastern Economic Development Commission. Upon vote, the motion carried as follows: Voting Aye: Comm. Alper, Got:tovi, Williams and Chm. 0' Shields Voting Noe: Comm. Wright APPOINTMENT OF ESTELLE LEE AND ESSO CLEMMONS TO PORT, WATERWAY & BEACH COMMISSION Comm. Williams moved, seconded by Comm. Alper, the appointment of Estelle Lee and Esso Clemmons to the Port, Waterway & Beach Commission for three year terms. Upon vote, the motion carried unanimously. APPOINTMENT OF ED KIZER TO NEW HANOVER MEMORIAL 'HOSPITAL BOARD Comm. Williams moved, seconded by Comm. Gottovi, the appointment of Ed Kizer to the New Hanover Memorial Hospital Board of Trustees to fill an unexpired term. Upon vote, the motion carried unanimously. o APPOINTMENT OF JACK LEWIS AND CHARLES ALLO TO KURE BEACH PLANNING COMMISSION Comm. Gottovi moved, seconded by Chm. 0' Shields, the appointment of Mr. Jack Lewis and Mr. Charles Allo to the Kure Beach Planning Commission. Upon vote, the motion carried unanimously. o o o 177 MINUTES OF REGULAR MEETING, FEBRUARY 20, 19,78' (CONTINUED) COMMISSIONERS TO CONTINUE ON CAPE FEAR COUNCIL OF GOVERNMENTS By common consent, it was agreed that Chm. O'Shields and Comm. Alper and Williams would continue to serve as the commission representatives on the Cape Fear Council of Governments. ADJOURNMENT Comm. Alper moved, seconded by Comm. Williams, that the_meeting be, adjourned. Upon vote, the motion carried unanimously. Chm. O'Shields adjourned, the meeting at 12:50 o'clock p. m. Respectfully submitted, ~4./f~ Alyce B. Rusmisell Clerk to the Board abr MINUTES OF REGULAR MEETING, MARCH 6, 1978 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 6, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administration Building, 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. (See Page 182 for correction) Chm. O'Shields called the meeting to order. Rev. Horace williams of Fifth Avenue Baptist Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 20, 1978 Comm. Williams moved, seconded by Comm. Alper" that Meeting of February 20, 1978,'be approved as presented. unanimously. the Minutes of the Regular Upon vote, the motion carried ENDORSEMENT OF COUNCIL ON THE STATUS OF WOMEN Mrs. Marty Pridgen, Regional Coordinator of the Council on the Status of Women, and Mrs. Cammy Bain appeared before the Board to request the Commissioners' endorsement of a New Hanover County Council on the Status of Women. They explained the reasons for the establishment of such a Council and suggested that it be composed of 14 members -- seven appointed by the New Hanover County Commissioners and seven appointed by the City Council of the City of Wilmington. Chm. O'Shields asked if there was anyone presen~who wished to speak on this matter and Mrs. Doris Pierce and Mrs. Phyllis Wallace spoke in opposition to the need for a Council on the Status of Women. Mrs. ,Elaine Durham of Open House and Ms. Rozelle Margolis spoke in favor of a Council. Comm. Gottovi moved, seconded by: Comm. Alper, to endorse a New Hanover County Council on the Status of Women. Mrs. Lynn Batson spoke in opposition to a Council on the Status of ' Women. The Commissioners offered comments on the establishment of a New Hanover County Council on the Status of WOmen. Upon vote, Carom. Gottovi's motion carried as follows: Voting Aye: Comm. Alper, Gottovi and Chm. O'Shields Voting Nee: COmm. Williams and Wright