1982-10-18 Regular Meeting
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169
MINUTES OF REGULAR MEETING, OCTOBER 18, 1982
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, October 18, 1982, at 9:00 o'clock A.M. in the
Assembly Room, New Hanover County Administration Building,
wilmington, North Carolina.
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Members present were Commissioners Howard L. Armistead, Jr.;
Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields, Jr.;
Chairman Donald P. Blake; County Manager G. Felix Cooper; County
Attorney Robert w. Pope and Clerk to the Board Alyce B. Brown.
No members were absent.
Chairman Blake called the meeting to order.
Comm. O'Shields gave the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 4, 1982
Comm:- Armistead asked that he be excused from voting on
approval of the minutes since he was not present at the meeting.
By consensus of the Board, Comm. Armistead was excused from
voting.
Comm. Gottovi MOVED, SECONDED by Chm. Blake, that the minutes
of the regular meeting of October 4, 1982, be approved as
presented. Upon vote the MOTION CARRIED as follows:
Voting Aye:
Chm. Blake.
Commissioners Barfield, Gottovi, O'Shields and
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Abstaining: Comm. Armistead.
APPROVAL OF CONSENT AGENDA
Upon~OTION by Comm. O'Shields, SECONDED by Comm. Armistead,
the following Consent Agenda items were UNANIMOUSLY approved:
TAX FORECLOSED PROPERTY - 405 SOUTH SIXTH STREET
As recommended by the Tax Administrator, the Commissioners
approved conveyance of property located at 405 South Sixth
Street back to the prior owner.
AMENDMENT TO HEALTH DEPARTMENT FEE POLICY AND SCHEDULE
Approval was given to some changes of the wording in Section
VI, Collection, on page three of the Health Department Fee
Policy and Schedule.
A copy of the page showing the amendment is contained in
Exhibit Book IX, page 22.
RESOLUTION ACCEPTING OFFERS FOR SURPLUS PROPERTY
A Resolution was adopted accepting offers to purchase surplus
real property.
A copy of the Resolution and the tabulation of bids received
is contained in Exhibit Book IX, page 22.
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CONTRACT FOR HEALTH EDUCATION RISK REDUCTION PROJECT
The Health Department was awarded $56,145 by the N. C.
Department of Human Resources for the development and
implementation of a Health Education Risk Reduction Project.
The grant was accepted and the Chairman authorized to execute
the formal acceptance agreements.
A copy of the agreement is on file in the County Manager's
Office.
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170
MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
BUDGET AMENDMENT - MUSEUM
The following amendment in the Museum Budget was approved to
transfer IMS Federal grant money from Fiscal Year 1981/82 to
Fiscal Year 1982/83 to cover expenditures and to re-budget
revenue to be received in Fiscal Year 1982/83:
Debit - Acct. #11 3611 200, Museum Grant $4,455
Acct. #11 3990 990, Fund Balance 250
Credit - Acct. #11 6140 100, Salaries and Wages $3,758
Acct. #11 6140 210, FICA 254
Acct. #11 6140 520, Travel 443
Acct. #11 6140 326, Professional Services 250
BUDGET AMENDMENT - MUSEUM
The following amendment was approved in the Museum Budget to
distribute funds received from the Institute of Museum
Services Grant:
Debit
Credit
- Acct.
- Acct.
Acct.
Acct.
#11
#11
#11
#11
3614 212,
6140 100,
6140 210,
6140 421,
Museum Grant - IMS
Salaries & Wages
FICA
Supplies & Materials
$19,964
$18,414
1,245
305
BUDGET AMENDMENT - LIBRARY
The following amendment in
appropr ia te funds for
Construction Enrichment
Library:
the Library budget was approved to
1982/83 Library Services and
Grant received from N.C. State
Debit - Acct. #11 3611 334, Library Enrichment Grant $12,478.
Credit - Acct. #11 6110 423, Books $ 3,665
Acct. #11 6110 640, Equipment 8,813
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BUDGET AMENDMENT - PARKS AND RECREATION
The following amendment was approved in the Parks and
Recreation budget to purchase a small used truck:
Debit - Acct. #38 6125 911, Arrowhead Contingencies $ 4,200
Credit - Acct. #38 6125 640, Capital Outlay Equipment $ 4,200
BUDGET AMENDMENT - PROPERTY MANAGEMENT
The following amendment was approved
Management budget to appropriate funds for
the building at 5th and Chestnut Streets:
in the Property
the maintenance of
Debit - Acct. #11 9800 911, Contingencies $32,400
Credit - Acct. #11 4196 100, Salaries and Wages $ 3,500
Acct. #11 4196 340, Utilities 17,400
Acct. #11 4196 370, Contracted Services 1,500
Acct. #11 4196 391, M&R - Bldgs. & Grounds 10,000
APPROVAL OF THE REPORT OF COLLECTOR OF REVENUE THROUGH
SEPTEMBER 30, 1982
A copy of the Report of the Collector of Revenue through
September 30, 1982, as approved is contained in Exhibit Book
IX, page 22.
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APPROVAL OF TAX ABATEMENTS AND REFUNDS
A copy of~he list of Tax Abatements and Refunds as approved
is contained in Exhibit Book IX, page 22.
PRESENTATION OF CERTIFICATES OF COMMENDATION
On behal~of the Board, Chm. Blake presented certificates of
commendation to the following Inspections Department personnel
for professional achievements:
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
PRESENTATION OF CERTIFICATES OF COMMENDATION (CONTINUED)
Personnel
Standard Certificates
Mr. Burris Kenneth Fowler
Mr. James Allen Golden
Mr. Brownie Buck Tripp
Mr. William Henry Wicks
#370, Plumbing Level III
#329, Mechanical Level III
#384, Plumbing Level III
#288" Building Level III
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PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO THE NEW HANOVER
COUNTY ZONING ORDINANCE, ARTICLE II, DEFINITIONS, BY 'ADDING A NEW
SECTION 23-72 TO DEFINE HOTEL/MOTEL- - -
This public hearing was continued from the meetings of
September 7 and October 4, 1982.
Planning Director Hayes gave the background on the events
leading up to the request for this amendment to the Zoning
Ordinance. He reported that the Planning Board had considered it
at its meeting in September and that Board's recommended
definition had been forwarded to the Commissioners.
Comm. Gottovi MOVED, SECONDED by Comm. Barfield, that
hotel/motel conform to the planning staff's original proposal,
"An establishment containing six (6) or more guest rooms designed
without independent cooking facilities and intended for temporary
lodging, entertainment and various personal services for pay to
the public."
The following persons commented:
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County Attorney Pope
Inspections Director Conklin
Comm. Gottovi reworded her definition for hotel/motel as
follows: "An establishment containing guest rooms all of which
are designed without independent cooking facilities and intended
for temporary lodging, entertainment and various persona.l
services for pay to the public."
Comm. Barfield SECONDED the modification and upon vote the
MOTION was DEFEATED as follows:
Voting Aye: Comm. Barfield and Gottovi.
Voting Noe: Comm. Armistead, O'Shields and Chm. Blake.
County Manager Cooper commented.
After further discussion it was agreed by consensus of the
Board to continue this public hearing to the meeting on November
1 and meet jointly with the Planning Board to discuss definitions
for various types of hotels and motels and the areas in which
they could be located.
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REQUEST FOR DELAY OF WRIGHTSVILLE SOUND PUBLIC SERVICES
FACILITIES
Mr. Henry Johnston, representing the Save Airlie Road
Association, appeared before the Board to request that the
execution of any contract for placement of public services
facili ties in the Wrightsville Sound area be delayed until the
present Zoning Ordinances as they affect the rural services area
could be reviewed, examined, amended and brought into compliance
with the intent and requirements of the land use plan.
The following persons offered cQmments on this request:
Dr. Donald Getz
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
REQUEST FOR DELAY OF WRIGHTSVILLE SOUND PUBLIC SERVICES
FACILITIEs-TCONTlNUEDr-
Planning Director Hayes
County Manager Cooper
Mr. M. H. Vaughan
Mrs. Melody Stein
Mr. R. A. Ashworth
Inspections Director Conklin
Mrs. Judy Getz
It was agreed by consensus of the Board that no final
decision would be made on the Wrightsville Sound Sewer System
Tie-in until after December 1, which was the deadline for
receiving funds from individuals who had expressed an interest in
tying-in to the system.
BREAK
Chm. Blake recessed the meeting for a break from 10:55
o'clock A.M. until 11:25 o'clock A.M.
FURTHER DISCUSSION ON PUBLIC HEARING TO DEFINE HOTEL/MOTEL
Chm. Blake reported that there had been some confusion over
the public input on the definition of hotel/motel and stated that
he wanted the record to indicate that this public hearing was
continued to the meeting of November 1, at which time additional
public comments could be heard.
Mrs. Laura Head commented.
REQUEST FOR REZONING AIRLIE ROAD FRONT
Mr. M. H. Vaughan, representing the Quality of Life
Alliance, appeared before the Board to request that portions of
the Airlie Road Front be rezoned and that height limits be placed
on construction along those areas.
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Planning Director Hayes commented.
IN-HOME SERVICES COMMITTEE
Mr. Ed Harris and Mr. Richard Gerrish of the In-Home Service
Committee appeared before the Board to discuss that committee's
work and request guidance on future activities to be undertaken.
They presented the Commissioners with a copy of the Committee's
by-laws.
County Manager Cooper commented.
Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, that the
Board of Commissioners of New Hanover County endorse the New
Hanover County In-Home Services Committee and encourages the
communication between agencies and with the public to inform them
of the availability of in-home services. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Committee's by-laws are contained in Exhibit
Book IX, page 22.
LAW ENFORCEMENT CENTER RENOVATIONS FOR ADDITIONAL BUNK SPACE
Capt. Robert Spell of the Sheriff's Department and Director
of Engineering Ed Hilton appeared before the Board to explain
and answer questions on the proposed renovations to the Law
Enforcement Center to provide additional bunk space.
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County Manager Cooper commented.
Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to accept
the information and that action be postponed until after the
Commission and staff representatives had attended the conference
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
LAW ENFORCEMENT CENTER RENOVATIONS FOR ADDITIONAL BUNK SPACE
(CONTINUED)
on Jail Crisis in Washington on November 10 through 13, 1982.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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DATE FOR PUBLIC HEARING ON NO WAKE ZONE AT MYRTLE GROVE SOUND
Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to
advertise a public hearing for the meeting of November 15 to
consider establishment of a No Wake Zone in Myrtle Grove Sound.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
DISPOSITION OF COUNTY OWNED PROPERTY ADJACENT TO MUSEUM
Director-of Engineering Ed Hilton appeared before the Board
to explain his proposal for disposition of the County owned
property adjacent to the Museum.
Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to
approve the following as recommended by the Director of
Engineering and Facilities:
1. Declare the structures only of 818-820 Market Street,
and 14 South Ninth Street as surplus.
2. Declare the lot and structure at 811 Dock Street as
surplus subject to the following procedure:
a. Attempt to sell the structure and retain the land.
b. Failing this, sell the lot and the structure
subject to easement on the rear of the lot for
use by the Museum.
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3.
Demolish any of the units not disposed, of by the above
procedure.
4. The process to be followed is the negotiated offer and
advertisement for upset bid procedure.
5. If no suitable responses are received the County will
advertise for proposals to demolish any of the
structures remaining.
Upon vote the MOTION CARRIED UNANIMOUSLY.
PROPOSAL FOR ACQUISITION OF BLOCKADE RUNNER MUSEUM EXHIBITS
Dr. Tom Loftfield, Chairman of the Museum Board of Trustees,
appeared before the Commissioners to request' the County acquire
the museological exhibits of the Blockade Runner Museum.
The following persons offered additional comments:
Museum Director, Janet Seapker
Mr. John Jeffries of the Museum Board outlined the financial
aspects of the proposed acquisition.
County Manager Cooper
Mr. Gehrig Spencer of the Fort Fisher Museum
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Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that the
County Manager meet with Sarah Hodgkins, Secretary of the
Department of Cultural Resources, to see what suggestions and
recommendations she had, and in the meantime the County could
notify Mr. Faw or his representative that the County was
interested in this project and talking to the State about a
cooperative venture in it and would need some time in order to
work it out. Upon vote the MOTION CARRIED UNANIMOUSLY.
174
MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
AMERICAN ENTERPRISE DAY PROCLAMATION
Comm. Gottovi-r:1OVED, SECONDED by Comm. O'Shields, to
authorize Chm. Blake to sign a proclamation designating November
15, 1982, as American Enterprise Day in New Hanover County. Upon
vote, the following Proclamation was UNANIMOUSLY ADOPTED.
PROCLAMATION
WHEREAS, America's enterprise system is a cornerstone
in our society; and
WHEREAS, that system has produced the highest standard
of living in the world; and
WHEREAS, that system depends on and rewards individual
initiative and innovation; and
WHEREAS, American productivity is vital to the world's
economy and must be encouraged; and
WHEREAS, the continuance and growth of our enterprise
system depends in large part on the education of America's young
men and women concerning that system:
NOW, THEREFORE, BE IT RESOLVED by the New Hanover
County Board of Commissioners, that November 15, 1982, is hereby
designated
AMERICAN ENTERPRISE DAY
in New Hanover County.
This the 18th day of October, 1982.
LUNCH BREAK
Chm. Blake recessed the meeting for a lunch break from 1:05
o'clock P.M. until 2:09 o'clock P.M.
ADDITIONAL ITEMS
REQUEST FOR PUBLIC SCHOOLS INSURANCE INFORMATION
Comm. Gottovi requested that the Commissioners be informed
what the insurance status was with all the schools in the
County and what kind of liability there was.
DISCUSSION ON APPOINTMENT TO MARINE RESOURCES BOARD
Chm. Blake commented on the County's need to appoint someone
to the Marine Resources Board.
It was agreed to wait to a later meeting to make that
appointment.
REQUEST FOR LIBRARY BRANCH SPACE IN COLLEGE SQUARE SHOPPING
CENTER
Library Director David Paynter and Mr. Eugene Merritt, Jr.
appeared before the Board to explain and answer questions on
the Library Board's proposal to lease property at College
Square Shopping Center for a branch library.
Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to give
philosophic approval for the branch location. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
BUDGET AMENDMENT - 5TH STREET BUILDING
Upon MOTION by Com~Armistead, SECONDED by Comm. O'Shields,
the following amendment in the non-departmental budget to
set up the initial payment on the 5th Street Building was
UNANIMOUSLLY APPROVED:
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
BUDGET AMENDMENT - 5TH STREET BUILDING (CONTINUED)
Debit - Acct. #11 3321 890, Payments for use of Real Property $11,340
Acct. #11 3990 990, Appropriated Fund Balance 43,660
Credit - Acct. #11 4200 594, Installment/Lease payments $55,000
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RATIFICATION OF
ENFORCEMENT
Upon MOTION by Comm. Gottovi, SECONDED by Comm. O'Shields,
the following contract with Duplin County for Law Enforcement
was UNANIMOUSLY APPROVED:
CONTRACT WITH DUPLIN COUNTY FOR LAW
On September 20, 1982, a contract between New Hanover
County and Duplin County was entered into by and between the
Finance Officer and Personnel Officer of each County,
pursuant to the provisions of North Carolina General
Statutes, Chapter 153A, Article 10, and Chapter 160A, Article
20, the terms of said contract ,being as follows:
(1) Purpose - Law Enforcement Assistance
(2) Duration - Upon agreement of each County
( 3 )
County
Personnel - Appointed by the Sheriff of each
(4) Financing - To be paid by New Hanover County
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Furthermore, New Hanover County, to the extent
permited by the Constitution and laws of North Carolina, does
indemnify and hold free and harmless Duplin County from any
liability which might result from the terms of this contract.
DISCUSSION ON RESOURCE RECOVERY CONTRACT
In view o~the recent claims made by the Wilmington
Contractors Association, County Attorney Pope reiterated that
in his opinion, the County had not violated any laws
whatsoever in connection with the proc~dures used on the
bidding process for the resource recovery facility contracts.
Comm. Armistead MOVED, SECONDED by Comm. O'Shields, that the
County proceed on the course on which they had been
proceeding. Upon vote the MOTION CARRIED UNANIMOUSLY.
Chm. Blake requested that the record show 'that the Board
believes the project to be of such a unique character that it
was a system and not a building and that the Board believed
that at that point by unanimous decision they had made a
correct decision to the best of their knowledge and ability.
COMMISSIONER ARMISTEAD LEFT AT 2:50 O'CLOCK P.M. AND WAS
ABSENT FOR THE REST OF THE MEETING.
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County Manager Cooper reported that the site contract had
been signed; that the steam contract was in the final
drafting stages; and that he understood the contract with
Clark-Kenith was ready, and reported that it was possible a
special meeting would need to be held to approve these
contracts before the next regular meeting.
DISCUSSION ON ACCEPTANCE AND DISPOSAL OF TUGS FOR ARTIFICIAL
FISHING REEF
Mr. Meares Harriss, Jr. discussed with the Commissioners the
method of accepting and disposing of some tugs that were
being donated for the artificial fishing reef program.
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MINUTES OF REGULAR MEETING, OCTOBER 18, 1982 (CONTINUED)
ADDITIONAL ITEMS (CONTINUED)
DISCUSSION ON ACCEPTANCE AND DISPOSAL OF TUGS FOR ARTIFICIAL
FISHING REEF (CONTINUED) -- ----
Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to
authorize up to $2,145 for the insurance on the tugs based on
the County Attorney's legal approval and the County Manager's
administrative approval. Upon vote the MOTION CARRIED AS
FOLLOWS:
Voting Aye:
Chm. Blake.
Commissioners Barfield, Gottovi, O'Shields and
Absent: Comm. Armistead.
ADJOURNMENT
Comm. O'Shields MOVED, SECONDED by Chm. Blake, that the
meeting be adjourned. Upon vote the MOTION CARRIED AS FOLLOWS:
Voting Aye:
Chm. Blake.
Commissioners Barfield, Gottovi, O'Shields and
Absent: Comm. Armistead.
Chm. Blake adjourned the meeting at 3:00 o'clock P.M.
Respectfully submited,
~e~~. ~
Alyce B. Brown, Clerk
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MINUTES OF REGULAR MEETING NOVEMBER 1, 1982
ASSEMBLY
The New Hanover County Board of Commissioners met in regular
session on Monday, November 1, 1982, at 6:30 o'clock P.M. in the
Assembly Room, New Hanover County Administration Building,
Wilmington, North Carolina.
Members present were: Commissioners Howard L. Armistead,
Jr.; Jonathan Barfield, Sr.; Karen E. Gottovi; Claud O'Shields,
Jr.; Chm. Donald P. Blake; County Manager G. Felix Cooper; County
Attorney Robert W. Pope and Clerk to the Board Alyce B. Brown.
No members were absent.
Chm. Blake called the meeting to order.
Dr. Arthur H. Williams, Jr. of Pearsall Memorial
Presbyterian Church gave the invocation.
EXPRESSION OF SYMPATHY ON DEATH OF PENDER COUNTY COMMISSION
CHAIRMAN, MARVIN AUTRY
Chm. Blake reported that he and Comm. O'Shields had attended
the visitation and he and Comm. Barfield had attended the funeral
to express condolences on behalf of the New Hanover County Board
of Commissioners upon the recent death of Pender County
Commission Chairman, Marvin Autry.
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APPROVAL OF MINUTES: REGULAR MEETING OCTOBER 18, 1982
Upon~OTION by Comm. O'Shields, SECONDED by Comm. Barfield,
the Minutes of the Regular Meeting of October 18, 1982, were
UNANIMOUSLY APPROVED as presented.
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