1981-12-21 Regular Meeting
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HlNUTES OF REGULAR MEETING, DECEHBER 7, 1981 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
973
DISCUSSION ON DISPOSITION OF $66,000 FOUND BY SHERIFF
Comm. Armistead MOVED, SECONDED by Comm. Blake, to ask the County
Attorney to seek to get this money 'back for New Hanover County and
that'he ask' the Board of Education Attorney to assist him in this
matter. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye:
Voting Noe:
Comm. Armistead, Barfield and Chm. Blake
Comm. Gottovi and O'Shields
ADJOURNMENT
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the meeting
be adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chm. Blake adjourned the meeting at ll:25 o'clock p. m.
Respectfully submitted,
~ 15. ~~tI.......:.~LL
Al;~~ Rusmisell, Clerk
MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session
on tlonday, December 2l, 1981, at 9:00 o'clock a. m. in the Assembly Room,
New Hanover County Administration Building, Wilmington, North Carolina.
Members present were Commissioners Heward L. Armistead, Jr.; Jonathan
Barfield, Sr.; Karen E. Gottovi; ClaudO'Shields, Jr.; Chairman Donald P. Blake;
County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk
to the Board, Alyce B. Rusmisell. No ,members were absent.
Chm. Blake called the meeting to order.
Rev. Billy Peele of Devon Park and Oleander United Methodist Churches
offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 7, 1981.
Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the Minutes
of the Regular Meeting of December 7, 1981, were UNANIMOUSLY approved as
presented. '
APPROVAL OF CONSENT AGENDA
Upon MOTION by Comm. Barfield, SECONDED by Comm. Gottovi, the following
Consent Agenda Items were UNANIMOUSLY approved:
AMENDMENTS TO PERSONNEL POLICY
Amendments to Sec. 8, Sec. l4, Sec. lZ, Sec. 22 and Sec. 23 of the
Personnel Policy were approved.
Copies of the amended pages are contained in'Exhibit Book VIII, Page 55.
AMENDMENT TO ORDINANCE ESTABLISHING HilllAN RELATIONS COMMISSION
The following 2 amendments to the Ordinance entitled "An Ordinance of
the. Commissioners of New Hanover County Establishing a Human Relations
Commission" were approved:
Page-3, sub-paragraph No. 1. Delete the word "housing.'" The paragraph
should then read: "The denial of equal access to, and discrimination in
education, recreatio~, and public accommodations where such denial and
discrimination again'st either an individual or a group is based on race,
creed, color, national origin, sex, age, or handicap;"
Page 3, sub-paragraph J. Add the words "and the Fair Housing Ordinance"
after "Fair Employment Ordinance" and before "of the County." The
paragraph should then read: "To receive, initiate, investigate, seek
to conciliate, hold hearings on, and pass upon complaints and mediate
violations of the Fair Employment Ordinance and the Fair Housing Ordinance
of the County;"
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MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
AWARD OF BID ON PHOTOCOPIER FOR DSS
The following was the only bid'received on a photocopier for the
Department of Social Services:
Cash
Name of Company Model Name, Number Price
Lease
Price
Maint.
Cost
Bid
Dep.
IBM Corporation IBM Series III, $l3,22l.67 $608.30/mo. $3,948/yr.$66l.l0
Model lO
The bid was awarded to IBM as recommended by the Director of
Social Services
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WRITEOFF OF EMS BILLS
The Finance Officer was authorized to write off the remaining balance
on EMS bills after medicaid/medicare has paid.
BUDGET AMENDMENT - WATER AND SEWER
The following amendment in the Water and Sewer budget was approved to
budget 'revenue received in order to disburse payment to the engineers.
Debit - Acct. #47 3470 267
Acct. #47 3470 367
Acct. #47 2990 l04
Credit - Acct. #47 4707 320
Acct. #47 2990 l03
Federal Grant-20l Greater Wil.
State Grant
Unappropriated Fund Balance
Professional Services
Appropriated Fund Balance
$11,000.
l,600.
l,600.
$l4,200.
l,600.
BUDGET f~lliNDMENT - HEALTH DEPARTMENT (HYPERTENSION)
The following amendment in the Health Department Hypertension budget
was approved to restore funds that had been cut out in an 'earlier
budget amendment and had since been returned to the County:
Debit - Acct. 1111 3516 377 Revenue . $ 5,075.
Credit - Acct. /Ill 5166 38l Telephone $ 552.
Acct. 1111 5166 382 Postage lOO. 0
Acct. 1111 5166 392 M & R - Equipment l09.
Acct. 1111 5166 411 Printing l40.
Acct. 1111 5166 42l Department Supplies 2,877 .
Acct. 1111 5166 510 Auto Allowance 937.
Acct. 1111 5166 520 Travel, Meetings & Schools 360.
APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH'NOVEMBER 30, 1981
The Report of Collector of Revenue through November 30, 1981, was
approved as presented.
A copy of the Report is contained in Exhibit.Book VIII, Page 55.
APPROVAL OF TAX ABATEMENTS AND REFUNDS
The list of Tax Abatements and Refunds as approved is contained in
Exhibit Book VIII, Page 55.
AWARD OF BID ON WORD PROCESSING EQUIPMENT FOR LEGAL DEPARTMENT
The following bids were received on a stand alone word processing unit
(including printer and basic software) for the Legal Department:
YEARLY
IfAINTENANCE
MAKE
PRICE
Xerox (dealer COECO)
Lanier
IBH
$ 6,650.00
lO,070.00,
11,295.00
$ 855.00
l,Ol2.50
l,080.00
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The bid was awarded to Zerox in the amount of $6,650 as recommended
by the County Manager.
AWARD OF HEROISM PLAQUE TO ANNE DEPLAND
On behalf of the Board, Chm. Blake presented a plaque to Mrs. Anne
Depland of the Department of Social Services for an act of heroism and
bravery without regard to personal safety which resulted in the saving
of the life of one of her clients whose clothing was on fire.
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MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981 (CONTINUED)
PRESENTATION OF PLAQUES TO FORMER CHM; O'SHIELDS'AND VICE~CHM. GOTTOVI
Chm. Blake presented former Chairman O'Shields a plaque with the
gavel 'that he had, used while serving as Chairman mounted on it and'
inscribed with the dates he served.
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Chm. Blake also presented former Vice-Chairman Gottovi a plaque
inscribed with the dates of her service.
APPROVAL OF PLEASURE ISLAND VOLUNTEER RESCUE SQUAD EMS CONTRACT
County Manager Cooper gave the background on the ev~nts leading to the
proposed contract with Pleasure Island Volunteer Rescue Squad, Inc.
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Asst. County Manager Cannon introduced Mr. Jeff Thompson, Chief of the
PIVRS, and Mr. Roger Smith, Chairman of the Board of Directors, who were
,present to answer questions from the Commissioners on the proposed contract.
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the Agreement
between New Hanover County and the Pleasure Island Volunteer Rescue Squad
be approved and the budgeted amount as requested of $25,904 be included.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of, the agreement is on file in the County Manager's Office.
DISCUSSION ON ESTABLISHING A SPECIAL BOARD 'OF EQUALIzATION AND REVIEW
Tax Administrator Larry Powell had outlined his recommendations in a
memorandum to'the County Manager on the establishing of a Special Board of
Equalization and Review to relieve the Commissioners from that responsibility.
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Mr. Berry Williams commented in opposition to the Commissioners appointing
such a Board.
The Commissioners and County Manager commented.
Comm. Gottovi MOVED to go forward with a work session. The motion died
for lack of a second.
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Comm. Armistead l10VED, SECONDED by Comm. O'Shields, that the Board of
Commissioners'continue to serve as the Board of Equalization and Review.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
DISCUSSION ON NEW HANOVER MEMORIAL HOSPITAL LEASE
County Attorney Pope explained the revisions to the Lease with New
Hanover Memorial Hospital and requested the Commissioners authorize the
Chairman to go ahead and execute the Lease which would become effective
on June 7, 1982.
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to go ahead and
sign the Lease which would become effective in June 1982. Upon vote, the
MOTION WAS DEFEATED AS FOLLOWS:
Voting Aye:
Voting Noe:
Comm. Armistead and O'Shields
Comm. Barfield, Gottovi and Chm. Blake
AMENDMENTS TO FAIR EMPLOYMENT AND FAIR HOUSING ORDINANCES
County Attorney Pope explained the suggested amendments to the Fair
Employment and Fair Housing Ordinances.
Mayor Halterman of the City of Wilmington commented.
Mr. Mike Jones, City of Wilmington Attorney commented.
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Comm. O'Shields MOVED, SECONDED by Comm. Barfield, to adopt the following
amendments to the Fair Employment and Fair Housing Ordinances as recommended
by the County Attorney; to adopt the following Resolution as presented; and to
welcome the City Attorney's participation with Mr. Pope and Mr. Jessup in
finalizing and reviewing the Rules of Procedure and put that item on the
agenda for January 4 for final adoption:
Recommended Amendments:
1. a. Employment: Amend Section 1.2(D) by deleting "and shall be
liberally construed to further tbe general purpose as stated in this section
and the special purposes of the particular provisions. involved." The
paragraph should then read: "This Ordinance shall be construed according to
the fair import of its terms, and any and all actions and proceedings under
this Ordinance are of a civil nature."
b. Housing: The above amendment is identical for this Ordinance
in that it amends Section l.2(D).
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MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981 (CONTINUED)
AMENDMENTS TO FAIR EMPLOYMENT AND FAIR HOUSING ORDINANCES (CONTINUED)
2. a. Employment: Amend Section 3.2(D) to read as follows: "To
recommend to the Board of Commissioners of New Hanover County the .
adoption, promulgation, amendment and rescission of the Rules and Regu-
lations to effectuate the purposes and policies of this Ordinance,
including regulations requiring the posting or inclusion in advertising
ma teria! or not.ices..i
b. Housing: The above amendment is identical for this
Ordinance in that it amends Section 3.2(D).
3. Employment: Amend Section 3.l2 by deleting Subsections B, C and D.
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RES 0 L UTI 0 N
WHEREAS, New Hanover County has heretofore adopted Fair Employment
and Fair Housing Ordinances; and
I~EREAS, the City of Wilmington has under consideration a resolution
permitting the enforcement of said Ordinances within the City's jurisdiction;
and
WHEREAS, the Fair Employment and Fair Housing Ordinances as amended
now require thec.CountyCommissioners to approve and adopt all procedural rules
governing the administration of said Ordinances, and any amendments thereto;
and
WHEREAS, it is the intention of the County Commissioners to adopt
said Rules of Procedure at its regularly scheduled meeting on January 4, 1982,
or as soon thereafter as possible; and
WHEREAS, in order to be effective within the jurisdiction of the
City of Wilmington, the City Council of the City of Wilmington must by
resolution permit the enforcement of the New Hanover County Fair Employment
Ordinance, Fair Housing Ordinance and Rules of Procedure;
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NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners expresses its intent to adopt Rules of Procedure governing the
administration of the Fair Employment and Fair Housing Ordinances at its
January 4, 1982, regularly scheduled meeting or as soon thereafter as possible;
and BE IT FURTHER RESOLVED that such Ordinances shall not be effe9tive within
the corporate limits of the City of Wilmington until the City shall have first
adopted a resolution authorizing the enforcement of said Ordinances within
the City and approving said Rules of Procedure as adopted by the New Hanover
County Board of Commissioners and any subsequent amendments, either to the
Ordinances or to said Rules of Procedure.
Adopted this 2lst day of December 1981.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
CITY OF WILMINGTON TO APPOINT SOME MEMBERS TO HUMAN RELATIONS COMMISSION
The Wilmington City Council had requested that they be given the
privilege of appointing l/3 of the members to the New Hanover County Human
Relations Commission.
Comm. Armistead suggested that the City Council be asked to appoint one
position of the 3 at-large vacancies currently on the commission and that
they take into consideration the names recommended by the Human Relations
Commission.
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Comm. Armistead's suggested was agreed to by concensus of the Board.
BREAK
Chm. Blake recessed the meeting for a break from lO:22 o'clock a. m.
until lO:37 o'clock a. m.
MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981 (CONTINUED)
WELL ADDITION AND WATER MAIN EXTENSION FOR FLEMINGTON WATER SYSTEM
D1.rector of Engineering Ed Hilton and County Engineer Wyatt Blanchard
appeared before the Board to explain/and answer questions on the addition
of a second well and the water main extension for the Flemington Water System.
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A tabulation of the bids received for this work is contained in
Exhibit Book VIII, Page 55.
Upon MOTION by Comm. Armistead, SECONDED by ,Comm. Gottovi, the following
items as recommended by the Director of Engineering were authorized by
UNANIMOUS VOTE:
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l. Award the well contract to Pleasent, Inc. of Fayetteville, N. C.
for $11,655.00.
2. Award the General Contract to Poquosen Construction Company, Inc.
of Huntersville, North Carolina, in the amount of $76,623 for
Option Ill.
3. Approve the following budget amendment to appropriate the funds:
Debit - Acct. 1/4l 3390 410
Acct. 1/4l 3310 890
Acct. #4l 3470 36l
Acct. 1/41 398l 922
Credit - Acct. .114l 470l 660
Acct. 1/4l.470l 670
Acct. #4l 470l 323
W.R. Grace Hookup Fee
Interest on Investments
State Grant
Transfer from water & sewer
Construction Cost
Connection to SAS
Engineering
$13,446.
513.
450.
oper. lO,482.
$ 8,391.
l4,598.
l,902.
Debit - Acct. 1/47 3990 990
Credit - Acct. #47 97ll 94l
Appropriated Fund Balance
Transfer to Flemington
$lO,482.
lO,482.
4. Continue negot1.ations with South Atlantic Services for water service
and denation of storage tank.
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5. Approve the proposed contract with Henry von Oesen & Associates for
design services - to be activated upon successful negotiation with
SAS.
6. Authorize the application for the Clean Water Bond Grant and adopt
the following Resolution:
WHEREAS, The North Carolina Clean Water Bond Act of 1977 has
authorized the making of grants to aid eligible units of government in
financing the cost of construction of wastewater treatment works,
wastewater collection systems, and water supply systems, and
WHEREAS, The County of New Hanover has need for and intends to
construct a second water supply well with connecting waterline in the
Flemington area, and
WHEREAS, The County of New Hanover intends to request State grant
assistance for the project,
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF NEW HANOVER:
That New Hanover County will ,arrange financing for all remaining
costs of the project, if approved for a State grant award.
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That New Hanover County will adopt and place into effect on or
before completion of the project a schedule of fees and charges which
'will provide adequate funds for proper operation, maintenance and
.administration of the system.
That New Hanover County will provide for efficient operation and
maintenance of the project on completion of construction thereof.
That George F. Cooper, County Manager, and successors so titled
is hereby authorized to execute and file an application on behalf
of New Hanover County with the State of North Carolina for a grant
to aid in the constructiqn of the project described above.
978"' MINUTES OF REGULAR'MEETING, DECEMBER 2l, 1981
WELL ADDITION AND WATER MAIN EXTENSION FOR FLEMINGTON WATER SYSTEM (CONT'D)
RESOLUTION (CONTINUED)
That George F. Cooper, County Manager, and successors so
titled, is hereby authorized and directed to furnish such information
as ,the appropriate State agency may request in connection with such
application or the project; to make the assurance as contained above;
and to execute such other documents as may be required in connection
with the application.
That New Hanover County has substantially complied or will
substantially comply with all Federal, State, and local laws, rules,
regulations, and ordinances applicable to the project and to Federal
and State grants and loans pertaining thereto; and hereby' authorized
the above designated representative to execute an affidavit so
stating.
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Adopted this the 2lst day of December, 1981.
Copies of the Grant application and von Oesen Contract are on file
in the County Manager's Office.
DISCUSSION ON ORDINANCE PROHIBITING SEPTIC TANK WASTES FROM BEING BROUGHT
INTO COUNTY
Comm. Gottovi MOVED to authorize the County Manager and County
Attorney to prepare an Ordinance prohibiting septic tank wastes from being
brought into New Hanover County from another county.
It was agreed by concensus of the Board to authorize the County Manager
and County Attorney to prepare the Ordinance.
ADDITIONAL ITEMS
REQUEST FOR USE OF SOLID WASTE ADVISORY TASK FORCE REPORT
Comm. O'Shields reported that he had received a request from a
gentleman in Hingham, Massachusetts, for a copy of the report prepared
by the New Hanover County Solid Waste Advisory Task Force.
It was the concensus of the Board that the information they requested
should be furnished to them.
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REQUEST FOR HEARING AID FOR ELDERLY LADY
Comm. Barfield reported that he had received a request for assistance
in obtaining a hearing aid for an elderly lady who lived in Solomon
T01<ers.
County Manager Cooper agreed to present this request to the Lions Club
for consideration.
USE OF LOT AT 3RD AND MARKET FOR YARD SALE
County Manager Cooper requested permission for his Lions Club to use
the County's lot at 3rd and Market Streets for their yard sale.
Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to allow the
Lions Club to hold their yard sale at the corner of 3rd and Market
Streets. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Comm.. Blake requested that Comm. Armistead's motion be amended to include
that the County Manager be authorized to use his discretion in authorizing
the future use of that property, or any other County property, for that
purpose.
Comm. Armistead accepted that AMENDMENT to the Motion, SECONDED by
Comm. O'Shields, and upon vote the AMEl<DMENT CARRIED UlIAl,IMOUSLY.
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COllM. BARFIELD AND BLAKE EXPRESSED THANKS TO STAFF FOR ASSISTANCE
,DURING THEIR FIRST YEAR ON THE BOARD
Comm. Barfield expressed thanks to County Manager Cooper and his staff
for the assistance and response he had received from them during his
first year of serving as a Commissioner.
Chm. Blake stated that he wished to echo that for himself and said that
he could not ask for a more cooperative staff.
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MINUTES OF REGULAR MEETING, DECEMBER 2l, 1981 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
LETTER OF THANKS TO MUW FOR HELP IN RESOURCE RECOVERY BOND ISSUE
Comm. Gottovi,reported that she felt the Board of Commissioners owed
the Ameri~an Association of University Women a great deal of thanks
for their help in financing the pamphlet on the bond issue and
distributing it in the community and for their help 'in getting the
bond issue passed with such an overwhelming majority.
Chm. Blake reported that he had already written a letter to them
on behalf of the Board of Commissioners and the people of New Hanover
County and requested that copies of the letter be sent to the other
commissioners.
EXECUTIVE SESSION
Comm. O'Shields MOVED, SECONDED by Chm. Blake, that the meeting be
recessed to Executive Session to discuss a litigation matter at the request
of the County Attorney and to discuss committee appointments. Upon vote,
the MOTION CARRIED UNANIMOUSLY.,
Chm. Blake recessed the meeting to Executive Session at ll:08 o'clock
a. m.
Chm. Blake reconvened the meeting to Public Session at l2:l5 o'clock
p. m.
APPOltITMENTS TO PLUMBING BOARD OF EXAMINERS, BOARD OF HEALTH. HUMAN RELATIONS
COMMISSION AND CHA TASK FORCE
Comm. O'Shields MOVED, SECONDED by Comm. Gottovi, to make the following
committee appointments:
Mr. E. G. Vereen - Plumbing Board of Examiners
Dr. Larry Neal ~ Board of Health
Mr. Carl T. Durham - Board of Health
Ms. Gayle P. Van Velsor - Human Relations Commission
Ms. Annie McMillan - Human Relations Commission
Hr. Johnie Robinson - Human Relations Commission
Mr. Albongo Sidbury - Human Relations Commission
Mr. Wayne Morris - CBA Task Force
Mr. Billy Hutchinson - CBA Task Force
Mr. S. J. Howie - CBA Task Force
Upon vote, the MOTION ~ARRIED'~ANIMOUSLY.
RESPONSE TO FUNDERBURG REQUEST FOR DAMAGES
Comm. O'Shields MOVED, SECONDED by Comm. Blake, that in regard to the
matter'of Pumpkin Creek Stables, the County Manager be instructed to respond
in the negative in regard to the County's willingness to pay any damages and
to do anything else that's necessary in regard to the matter. Upon vote,
the HOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Comm. O'Shields MOVED, SECONDED by ,Comm. Barfield, that the meeting
be:adjourned. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chm. Blake adjourned the meeting at l2:l9 o'clock p. m.
Respectfully submitted,
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Alyce B. Rusmisell, Clerk