1978-04-17 Regular Meeting
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MINUTES OF REGULAR MEETING, APRIL 17, 1978
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
April 17, 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; Chm. 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 ~
ChID. O'Shields called the meeting to order.
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Comm. Alper offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, APRIL',3, 1978, AND SPECIAL MEETING, APRIL 10, 1978
Comm. Wright noted that on Page 188, under "Approval of Minutes....", the date in
the motion for approval of the Minutes of the Special Meeting should be changed to " c
March 23, 1978.
Comm. Wright also stated that on Page 193 under "Authorization for Photogrammetry
of Airport Property", she felt the motion should be corrected to show that the contract
for the work was to be awarded to the low bidder, piedmont Aerial Survey, in the amount
of $9,502.
Comm.
Meeting of
corrected.
Gottovi moved, seconded by Comm. Alper, that the Minutes of the Regular
April 3, 1978, and the Special Meeting of April 10, 1978, be approved as
Upon vote, the motion carried unanimously.
INVOCATION
Rev. Carl M. Lee of the Shiloh Baptist Church offered the invocation.
PUBLIC HEARING - PROPOSED AMBULANCE ORDINANCE
Notice had been given that the New Hanover County Board of Commissioners would
hold a public hearing on Monday, April 17, 1978, at 9:00 o'clock a. m. in the Assembly 0
Room, New Hanover County Administration Building, 320 Chestnut Street, Wilmington, North
Carolina, to consider the adoption of an ordinance entitled "New Hanover County Ambulance
Ordinance" .
Chm. O'Shields stated that the Wilmington City Council had requested that this public
hearing be continued until the second meeting in May, and asked if there was:,anyone present
to comment on the Ordinance. No one appeared in this regard.
Comm. Wright moved, seconded by Comm. Williams, to postpone this public hearing until
the second meeting in May. Upon vote, the motion carried unanimously.
APPROVAL OF COUNTY'S PARTICIPATION IN HANDICAPPED AWARENESS DAY
Mr. Art Bannon, Chairman of the Mayor's Committee on Services to the Handicapped,
appeared before the Board to invite the Commissioners and County Department Heads to
participate in Handicapped Awareness Day on May 10, 1978, between 8:00 a. m. and 10:00
a. m.
Comm. Williams moved, seconded by Comm. Gottovi, approval of participation by the
County in this program. Upon vote, the motion carried unanimously.
CHANGE OF NAME OF COUNCIL ON STATUS OF WOMEN
Chm. O'Shields stated that the Wilmington City Council had requested that the name of
the Council on the Status of Women be changed to New Hanover County Council on the Status
of Women instead of Wilmington-New Hanover Council on the Status of Women.
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Comm. Gottovi moved, seconded by Comm. Alper, to change the name to New Hanover
County Council on the Status of Women. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams, and Chm. O'Shields
Voting Noe: .Comm. Wright
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195
MINUTES OF REGULAR MEETING, APRIL 17, 1978 (CONTINUED)
RIGHT OF ENTRY AGREEMENT WITH CORPS OF ENGINEERS - MASONBORO INLET JETTY
Comm. Alper moved, seconded by Comm. williams, that the Chairman be authorized
to execute a Right of Entry for Construction Agreement with the COrps of Engineers for
the Masonboro Inlet N. C. South Jetty Project. Upon vote,the motion carried '
unanimously.
A copy of the Agreement is on file in the County Manager's Office.
CONTINUATION OF EMPLOYMENT BEYOND AGE 65
Comm. Alper moved, seconded by Comm. Wright, approval of the continuation of
employment for one year for Mrs. Clara V. Sternberger, an employee of the Department
of Social Services, pursuant to Article V, Section 5, of the Personnel Policy, upon
recommendation of the County Manager and Director of Social Services. Upon vote, the
motion carried unanimously.
APProVAL' OF REPORT OF COLLECTOR OF REVENUE THROUGH MARCH 31, 1978
Comm. Gottovi moved, seconded by Comm. Alper, approval of the Report of the
Collector of Revenue through March 31, 1978. Upon vote, the motion carried unanimously.
A copy of the report is contained in Exhibit Book V, Page 75.
APPROVAL OF TAX ABATEMENTS AND REFUNDS
County Attorney Fox reported that he had reviewed the list of Tax Abatements and
Refunds and found it to be in order.
COmm. Alper moved, seconded by Comm. Gottovi, approval of the Tax 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 Vi Page 76.
APPROVAL OF PRIVATE SALE OF TAX FORECLOSED PROPERTY AT 910 WALNUT STREET
comm. wright moved, seconded by Comm. Alper, approval of the private sale of tax-
foreclosed property at 910 Walnut Street to Mr. wilbur Bellamy in accordance with G. S.
105-376(c) for an amount not less than $769.46. Upon vote, the motion carried
unanimously.
AWARD OF PRINTING CONTRACT FOR 1978 TAX BILLS
The following bids were received for printing of the 1978 tax bills:
Wilmington Printing Company
Jackson & Bell Printing Company
Moore Business Forms
$2,579.60
$2,577.90
$2,567.58
comm. Alper moved, seconded by Comm. williams, that the contract for printing the
1978 tax bills be awarded to the low bidder, Moore Business Forms, in the amount of
$2,567.58. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - ProFESSIONAL SERVICES IN PENDER/NEW HANOVER BOUNDARY DISPUTE
Chm. 0' Shields moved, seconded by Comm. Will iams, approval of payment to Henry
van Desen & Associates for professional services rendered in preparing a report and
testifying in the boundary dispute between New Hanover and Pender Counties and that
$2,872 be transferred from Contingencies, Acct. #11 445 61, to Professional Services,
Acct. #11 410 04, in the Governing Body Budget.' Upon vote, the motion carried
unanimously.
BUDGET AMENDMENT - AIRPORT WATER & SEWER PROJECT
COmm. Alper moved, seconded by Comm. Williams, approval of the following,budget
amendment in the Airport Water & Sewer Project funded by the Economic Development
Administration grant under the Local Public Works Program to adjust the line item
figures to actual:
Debit - Acct. #80 575 73,1 ,Constr)lcti!m - -Labci";:'
Credit - Acct. #80 575 74, Construction - Non-Labor
$58,808.97
$58,808.97
Upon vote, the motion carried unanimo~sly.
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MINUTES OF REGULAR MEETING, APRIL 17, 1978 (CONTINUED)
BUDGET TRANSFER - PUBLIC SCHOOLS
Comm. Gottovi moved, seconded by Comm. Alper, approval of the transfer of $3,486
from Public School Capital Reserve to Public School - Current ',Expense, in order to complete
the roof repairs at John T. Hoggard High School. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - MUSEUM
Comm. Williams moved, seconded by Comm. Gottovi, approval of the transfer of $500
from Salaries & Wages, Acct. #11 625 02, to Professional Services, Acct. #11 625 04, in the
Museum Budget in order to retain a consultant to assist in constructing the Indian
Compound. Upon vote, the motion ca=ied unanimously.
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BUDGET TRANSFER - GOVERNING BODY
Comm. Gottovi moved, seconded by Comm. Williams, approval of the transfer of $600
from Contingencies, Acct. #11 445 61, to Advertising, Acct. #11 '410 27, in the Governing
Body Budget for unanticipated advertising costs. Upon vote, the motion carried unanimously.
FINAL PLAT APPROVAL - SHINN POINT, SECTION 1
Mr. Harry E. Oakes of the Planning Department reported that this subdivision was
granted final approval by the Planning Commission Subdivision Revie~ Committee on April 5,
1978. He stated that the developer had submitted a letter of credit in the amount of
$40,000 to insure that improvements would be made as agreed.
Comm. Williams moved, seconded by Comm. Alper, approval of the Final Plat of Shinn
Point, Section 1, and acceptance of the letter of credit in the amount of $40,000 to
insure that improvements would be made by July 3, 1978. Upon vote, the motion carried
unanimously.
The letter of credit is on file in the County Finance Office.
FINAL PLAT APPROVAL - BRADLEY CREEK EAST
Mr. Harry Oakes of the Planning Department reported that this subdivision had been
granted conditional final approval by the Planning Commission Subdivision Review Com-
mittee on March 28, 1978, and the conditions had been met.
Comm. Wright moved, seconded by Comm. Williams, approval of the final plat of
Bradley Creek East. Upon vote, the motion carried unanimously.
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PLACEMENT OF PLAQUE IN LAW ENFORCEMENT CENTER IN HONOR OF POLICE OFFICER NUNALEE
Comm. Williams moved, seconded by Comm. Gottovi, that a plaque be placed 'in the
new Law Enforcement Center in honor of Police Officer J. W. Nunalee for his supreme
sacrifice and that a letter be sent by the Commission to'his family expressing the
Board's condolence. Upon vote, the motion carried unanimously.
DISCUSSION ON ENFORCEMENT OF FIRE CODE RATING
Comm. Williams requested information as to the enforcement of the fire code
rating in regard to the number of persons ~llowed in buildings and the responsibility
of the County in granting ABC permits.
County Manager Eller explained that notice$ were being posted in each building
stating the number of persons allowed and that the Sheriff's Department and the
Inspections Department were checking on these situations.
, ENDORSEMENT OF SANTINI AMENDMENT TO H. R. 8494 - LOBBY DISCLOSURE BILL
Comm: Gottovi read a Mail-Gram she had received from NACo requesting the Board's
endorsement of the Santini Amendment to HR 8494, Public Disclosure of Lobbying Act.
ChID. O'Shields moved, seconded by,Comm. Gottovi, to make a phone call and follow
up with a letter to our representatives expressing the Board's support of the Santini
Amendment.
Comm. Williams requested the motion be amended to state that all lobbyists,
including governmental, be required to register or that they all be exempt from
registration.
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Chm. O'Shields restated his motion, seconded by Comm. Gottovi, to call our Senators
and Representatives and ask them to support the Santini Amendment and that either all
lobbying groups be exempt from registration or all should have to register so there
would be no differentiation between levels of government.
Comm. Wright stated that she felt all groups should have to register.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, Gottovi, Williams and Chm. O'Shields
Voting Noe: Comm. Wright
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197
MINUTES OF REGULAR MEETING, APRIL 17, ,1978 (CONTINUED)
DISCUSSION OF LETTER CONCERNING BINGO ORDINANCE
',' It was agreed that a letter should be. written to Ms. Lois Powell, who had written
concerning the Bingo Ordinance, explaining ,that she should address her complaint to
the wilmington City Council.
REQUEST FOR EXPLANATION OF FUNCTIONS OF AGENCIES REQUESTING FUNDS
Comm. Alper stated, that he would like to have each ~rganization requesting funds
in the County Budget to send the Board a letter explairing exa~tly what it does in an
attempt to try to prevent duplication of efforts.
Comm. Alper moved that any agency funded by the County Commission should submit
to the County, a complete list of what it does. The motion did not "receive a second.
It was agreed by common consent that the County Manager would get as much informa-
tion as he could on these agencies.
REQUEST FOR SUPPORT OF PUTTING THE LIQUOR BY THE DRINK ISSUE ON THE BALLOT
Mr. Ted Sampley-appeared before the Board to request the Board's endorsement of
putting the issue of liquor by the drink on the ballot to be voted on by the people.
Comm. Alper moved, seconded by Comm. Gottovi, to endorse 'the proposed legislation
to put the option of having liquor by the drink on the ballot for the voters to decide.
Upon vote, the motion was defeated as follows:
Voting Aye: Comm. Alper and Gottovi
Voting Noe: Comm. Williams, Wright and Chm. O'Shields
DISCUSSION OF RESOLUTION AND LETTER OF INTENT - CAROLINA/KURE BEACH 201 PLAN
County Manager Eller reported that the towns of Carolina l!each and Kure Beach had
,adopted the Resolution accepting and agreeing to implementation of'the 201 Facilities
Plan for the Carolina/Kure Beach Area, and they had also written a, Letter of Intent con-
cerning the implementation.
CLARIFICATION OF VOTE ON LIQUOR BY DRINK ISSUE
Comm. Williams qualified her. vote on the request for endorsement
by the drink on the ballot by stating that she would not vote to ask
to put it on the ballot, but if the-Legislature so,desired, she would
put on the ballot in New Hanover, County.
of putting liquor
the Legislature
vote for it to be
ADOPTION OF RESOLUTION AND, LETTER OF INTENT ON CAROLINA/KURE BEACH 201 PLAN (CONTINUED)
Comm. Gottovi moved, seconded by Comm. Alper, to adopt the Resolution Accepting and
Agreeing to Implementation of 201 Facilities Plan for Carolina/Kure Beach Area and
authorization for the Chairman to sign a letter of intent concerning implementation of
the Carolina/Kure Beach '201 Facility Plan. Upon vote, ,the motion carried unanimously.
Copies of the Resolution and Letter of Intent are contained in Exhibit Book V,
Page 77.
EXECUTIVE SESSION
COIml. Alper moved, seconded by Comm. Williams, that the meeting be recessed to
Executive Session. upon vote, the motion carried unanimously.
DISCUSSION ON CASTLE HAYNE VOLUNTEER FIRE DEPT. WITHDRAWAL FROM FIRE INSPECTIONS COMMITTEE
The Commissioners discussed the withdrawal of the Castle Hayne Volunteer Fire Depart-
ment from the Fire Inspections Committee along with other matters concerning the Volunteer
Fire Departments in the County.
BREAK
Chm. 0' Shields recessed the meeting for a lreak from 10: 25 0' clock a. m. until 10: 35
o'clock a. m.
EXECUTIVE SESSION (CONTINUED)
Chm. O'Shie1ds recessed the meeting to Executive Session at 10:35 o'clock a. m.
Chm. O'Shields reconvened the meeting' to Public Session at 11:2P o'clock a. m.
198,
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MINUTES OF REGULAR MEETING, APRIL 17, 1978 (CONTINUED)
EXTENSION OF LANDFILL CONTRACT WITH WASTE INDUSTRIES
Comm. Alper moved, seconded by Comm. Gottovi, that due to circumstances beyond
control, the Landfill Contract with Waste Industries, Inc. be extended for one more
year at the existing rate of $.96 per cubic y~rd. Upon vote, the motion carried
unanimously.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Gottovi, that the meeting be adjourned. Upon
vote, the motion carried unanimously.
Chm. O'Shields adjourned the meeting at 11:21 o'clock a. m'.'..
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Respectfully submitted,
a~~c< ;I$.k~
Alyce B. Rusmisell
Clerk to the Board
Mr
MINUTES OF REGULAR MEETING, MAY 1, 1978
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular, Session on Monday,
May 1, 1978, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Administra-
tion Building, Wilmington, North Carolina.
Members present \,!ere Commissioners George E. Alper; Karen E. Gottovi;tiEllen C.
Williams; Vivian S. Wright, Chairman Claud O'Shields, Jr., County Manager Dan W. Eller;
Attorney Joseph O. Taylor, Jr. of the County Attorney's Office, and Clerk to the Board,
Alyce B. Rusmisell. No members were absent.
Chm. O'Shields called the meeting to order.
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Rev. N. W. Daniels of Price Cathedral AME zion Church offered the invocation.
APProVAL OF MINUTES: REGULAR MEETING, APRIL 17, 1978
Upon motion by Comm. Wright, seconded by Comm. Williams, the Min~tes of the Regular
Meeting of April 17, 1978, were unanimously approved as presented.
PROCLAMATION - FAMILY CAMPING MONTH
Comm. Wright moved, seconded by Comm. Williams, that the Chairman be authorized
to sign a proclamation proclaiming the month of Mayas Family Camping Month. Upon vote,
the motion carried unanimously.
A copy of the proclamation is contained in Exhibit Book V, Page 78.
RETIREMENT OF COUNTY EMPLOYEES
Chm. O'Shields presented medallions of the County Seal to Capt. Paul Wolfe upon
his retirement from the New Hanover County Sheriff's Department and Mr. George Shepard'
upon his retirement from the New Hanover County Garage.
APProVAL OF AIRPORT GRANT AGREEMENTS
Mr. W. E. Edwards, Chairman of the Airport Commission, and Mr. R. C. Shackelford,
Jr., Airport Manager, appeared before the Board to explain the two grant agreements and
requested the commissioners to adopt resolutions authorizing the Chairman to execute
the agreements.
Comm. Alper moved, seconded by Comm. Williams, adoption,of the Resolution approving 0
the Grant Agreement in the amount of $18,800 to prepare updated Exhibit A Property Map
and construct general aviation apron expansion with associated edge lighting and flood-
lighting. Upon vote, the motion carried unanimously.
Comm. Alper moved, seconded by Comm. Gottovi, adoption of the Resolution approving
the Grant Agreement in the amount of $2,750 to update the Airport Layout Plan and conduct
an approach and obstruction survey. Upon vote, the motion carried unanimously_
A copy of the Resolutions are contained in-EXhil:>ij: Book V,,'>Bage 79, and a copy of the
Agreements are on file in the County Manager's Office.