1984-06-18 Regular Meeting
597
MINUTES OF REGULAR MEETING, JUNE 18, 1984
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, June 18, 1984, 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 Jonathan Barfield, Sr.;
Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman
Karen E. Gottovi; County Manager, G. Felix Cooper; County
Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Smith.
Commissioner O'Shields gave the invocation.
APPROVAL OF MINUTES OF REGULAR MEETING, MAY 21, 1984, AND BUDGET
BEARINGS OF MAY 22, AND 29, 1984
Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to
approve the minutes of the Regular Meeting of May 21, 1984, as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner 0' Shields MOVED, SECONDED by Commissioner
O'Neal to approve the minutes of the Budget Hearings of May 22,
and May 29, 1984, as presented. Upon vote the MOTION CARRIED
UNANIMOUSLY.
Copies of
in Exhibit Book
the minutes of the Budget Hearings are contained
XI, Page 35.
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NON-AGENDA ITEMS
Chairman Gottovi asked if any member of the general public
wished to address the Commissioners on any item listed on the
Consent Agenda or any subject not listed on the Regular Agenda.
The following persons commented on the following subjects:
Discussion of Funding for Pleasure Island Rescue Squad
Ms. Sheila Davis, a member of the Board of Directors of the
Pleasure Island Volunteer Rescue Squad, appeared before the
Commissioners requesting additional funding in the 1984/85 Budget
Request. She gave background information on the expenses of the
Rescue Squad emphasizing the need for assistance in making
mortgage payments.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner Barfield to request Emergency Services Director,
Dan Summers, and staff to evaluate and study the financial status
of the Pleasure Island Rescue Squad submitting recommendations
to the Board at the regularly scheduled meeting of August 20,
1984. The Board requested Ms. Davis to furnish the County Staff
with a revised budget and a copy of expenditures for last year
versus expenditures for the forthcoming year. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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Discussion of Burton Steel Court Order
Ms. Susan Humphrey, a resident of Oakley Road, commented on
the Burton Steel Court Order stating this order was not being
followed requesting the County to pursue the issue.
Attorney Pope stated the best solution to this problem was for
the County to return to court with affidavits showing non-
compliance requesting the Board to authorize him to proceed.
After discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner O'Neal to authorize County Attorney Pope to proceed
to return to Court. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Mr. Graham Kerr, a resident of Oakley Road, commented on the
non-compliance and requested return of documents that were
presented as evidence in the first Court Hearing. After
discussion,' County Attorney Pope was requested to contact Ms.
Louise Rehder, Clerk of Court, to obtain a copy of the documents.
598
MINUTES OF REGULAR MEETING, JUNE 18, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA
Commissioner 0' Shields MOVED, SECONDED by Commissioner /
Barfield to approve the following Consent Agenda. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of the Report
May 31, 1984
The Commissioners
Revenue through May 31,
of Collection of Revenue through
approved the report of the Collector of
1984.
36.
A copy of the report is contained in Exhibit Book XI, Page
Approval of Tax Abatements and Refunds
The Commissioners approved a list of tax abatements and
refunds as presented by the Tax Administrator.
A copy of the list is contained in Exhibit Book XI, Page 36.
Approval of Fireworks Permits
The Commissioners approved the following Fireworks Permits:
Fireworks Show - July 4, 1984 - Battleship U.S.S.
North Carolina - Parks & Recreation Department-
City of Wilmington
Fireworks Show - July 4, 1984 Federal Point
Station Shopping Center - Pleasure Island Chamber
of Commerce and Maxway Stores Inc.
Approval of Change Order G-27 - Judicial Building - Engineering
Department
The Commissioners approved Change Order G-27 in the amount
of $2,415 for additional costs incurred using a different
cleaning product for the exterior of the Judicial BUilding.
Approval of Engineering Contract Amendment No. 2 and 3 - Benry
von Oesen and Associates - Northeast Interceptor
The Commissioners approved the Engineering Contract with
Henry von Oesen and Associates, Amendment No. 2 to cover
addi tional EPA eligible inspection fees and Amendment No. 3 to
cover inspection for non-EAP eligible items for the Northeast
Interceptor, authorizing the Chairman to execute the Amendments.
Copies of the Amendments are on file in the County Manager's
office.
Award of Bid to Modern Business Systems, Inc. - Microfilm
Viewers - Department of Social Services
The Commissioners awarded the low bid in the amount of $14,900
to Modern Business Systems, Inc. for 100 microfilm viewers.
Copies of the Agreement and Resolution are contained in
Exhibit Book XI, Page 37.
Award of Bid to The Office Showcase - All Steel, Inc.
Office Equipment - Health Department
The Commissioners awarded the low bid in the amount of
$21,433 to The Office Showcase for All Steel, Inc. for office
equipment for the Resident's Quarters behind New Hanover Memorial
Hospital.
Copies of the agreement and resolution are contained in
Exhibit Book XI, Page 37.
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599
MINUTES OF REGULAR MEETING, JUNE 18, 1984 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
I Debit - #11 3611 890, Cash Contributions $3,543
Credit - #11 6110 423, Books & Materials $3,543
3/15/84 - 5/22/84
Debit - #11 3611 890, Cash Contributions $ 656
Credit - #11 6110 423, Library Materials $ 656
Approval of Budget Amendments - New Banover County Library
The Commissioners approved the following Budget Amendments
in the amount of $3,543 and $656 reflecting proceeds from Friends
Spring Book Sale, Memorials to Alpert Family, Lost & Paid,
Contributions and Memorials and gifts to the library:
Approval of Budget Amendment - Buman Relations Commission
The Commissioners approved the following Budget Amendment in
the amount of $4,176 for additional monies received from EEOC
Training:
Debit - #11 3581 233, Human Relations
EEOC Grant
Credit - #11 5811 520, Travel, Meetings
$4,176
$4,176
Budget Amendment Approved by County Manager
The following Budget Amendment was approved by the County
Manager and is being reported for entry into the record:
Emergency Services - Expenses For Trip to Burricane
Conference
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Debit - #11 3310 890, Interest Income
Credit - #11 4330 520, Travel
$500
$500
Adoption of Resolution Adhering to Two-Year Notice of Withdrawal
from Membership to Southeastern Economic Development Commission
The Commissioners adopted a resolution adhering to a two-
year notice to withdraw membership from the Southeastern Economic
Development Commission.
A copy of the resolution is contained in Exhibit Book XI,
Page 38.
Approval of Servomation Agreement - New Banover County Department
of Aging
The Commissioners authorized the Chairman to execute an
agreement between New Hanover County and Servomation for the
Congregate and Home-delivered Meals Programs at the Department of
Aging.
A copy of the agreement is on file in the County Manager's
office.
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ADOPTION OF RESOLUTION FOR ISSUANCE OF REVENUE BONDS - CAROLINA
POWER & LIGBT COMPANY - POLLUTION CONTROL PROJECT
Mr. Wallace Murchison, Attorney representing the New Hanover
County Industrial Facilities and Pollution Control Financing
Authority, appeared before the Commissioners requesting adoption
of a resolution for issuance of revenue bonds not to exceed
$7,200,000 for a pollution control project at the Sutton Plant of
Carolina Power and Light Company.
Commissioner Barfield MOVED, SECONDED by Commissioner Blake
to adopt the resolution for issuance of revenue bonds not to
exceed $7,200,000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is contained in Exhibit Book XI,
Page 38.
600
MINUTES OF REGULAR MEETING, JUNE- 18,1984 (CONTINUED)
ADOPTION OF BUDGET ORDINANCE FOR FISCAL YEAR 1984/85
Commissioner O'Shields MOVED, SECONDED by Commissioner
to adopt the Budget Ordinance for the Fiscal Year 1984/85.
vote, the MOTION CARRIED UNANIMOUSLY.
Blake
Upon
A copy of the Budget Ordinance is contained in Exhibit Book,
XI, Page 38.
REGULAR MEETING RECESSED FOR A SPECIAL MEETING OF THE NEW HANOVER
COUNTY WATER AND SEWER DISTRICT
Chairman Gottovi recessed the meeting for a meeting of the
Water and Sewer District at 10:21 o'clock A.M.
Chairman Gottovi reconvened the meeting back to Regular
Session at 10:24 o'clock A.M.
POSTPONEMENT OF PUBLIC BEARING TO CONSIDER ISSUANCE OF A SPECIAL
USE PERMIT FOR PROPERTY APPROXIMATELY 2.1 ACRES, LOCATED ON THE
NORTBSIDE OF WRIGHTSVILLE AVENUE, DIRECTLY EAST OF SUMMER REST
ROAD (SR 1417) AND WEST OF THE WRIGBTSVILLE BEACB BRIDGE FOR A
COMMERCIAL MARINA IN A B-1 BUSINESS DISTRICT
After discussion and consent of Mr. John Mobley,
Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to
hear this request on Monday, July 2, 1984, at 7:00 o'clock P.M.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADOPTION OF ORDINANCES FOR RENAMING GRANDIE ROAD AND DAVIS
NURSING HOME ROAD
Planning Director Hayes gave background information on the
renaming of Grandie Road to Granny Road.
Chairman Gottovi asked if anyone present wished to speak on
the road renaming. No one commented.
Commissioner Barfield MOVED, SECONDED by Commissioner Blake
to adopt an Ordinance renaming Grandie Road to Granny Road. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Ordinance is contained in Exhibit Book XI,
Page 39.
Planning Director Hayes gave background information on the
renaming of Davis Nursing Home Road to Janelle Moore Boulevard.
Chairman Gottovi asked if anyone present wished to speak on
the road renaming. No one commented.
Commissioner 0' Neal MOVED, SECONDED by Commi s s ioner
O'Shields to adopt an Ordinance renaming Davis Nursing Home Road
(SR 1499) to Janelle Moore Boulevard. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the Ordinance is contained in Exhibit Book XI,
Page 39.
DISCUSSION OF REQUEST FOR ASSISTANCE IN OBTAINING EASEMENTS ALONG
AIRLIE ROAD FOR SEWER CONNECTIONS
Engineering Director Hilton gave background information on
the request commenting on setting a precedent by obtaining
easements for private interests stating a new policy would have
to be established for costs involved, if the County is going to
assist in this manner.
Mr. Harry Watkins, A.LA., Architect for Gray Gables,
representing Mr. B. C. Hedgpeth, appeared before the
Commissioners stating he had approached Wrightsville Beach for
an allocation but that the town wanted to lease or sell its
allocations requesting the Board to authorize County assistance
in obtaining the easements along Airlie Road.
Commissioner O'Neal stressed the importance of setting a
precedent.
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601
MINUTES OF REGULAR MEETING, JUNE 18, 1984 (CONTINUED)
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DISCUSSION OF REQUEST FOR OBTAINING EASEMENTS ALONG AIRLIE ROAD
(CONTINUED)
Commissioner O'Shields asked Mr. Watkins if the developers
were willing to pay the entire costs involved, not only the sewer
line, but the legal, staff time, and additional costs in
obtaining the easements. Mr. Watkins stated his company was
willing to pay the costs of the sewer lines in the amount of
$40,000.
Chairman Gottovi stressed the importance of expediting the
portion of Phase I which includes Airlie Road since it is one of
the most crucial areas.
After discussion, Chairman Gottovi MOVED, SECONDED by
Commissioner O'Neal to adhere to the County Policy as scheduled
and presented to the voters in the referendum with the County
not assisting in obtaining the easements as requested. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner O'Shields expressed his concern that no policy
existed defining costs that should be absorbed by developers when
requesting to pay a portion of fees. Commissioner O'Shields
MOVED, SECONDED by Chairman Gottovi for staff to prepare a policy
defining these costs to be presented to the Board at a'later date
for approval. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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APPROVAL OF CONTRACTS WITH COMPREBENSIVE BOME BEALTB CARE I, INC.
FOR AMBULANCE AND BILLING SERVICES, APPROVAL OF INCREASE IN
CBARGE FOR AMBULANCE SERVICE AND APPROVAL OF PROCEDURE FOR
GARNISHMENT OF WAGES AND ATTACHMENTS OF LIENS
Assistant County Manager Cooper gave background information
on the contracts explaining the billing procedure.
After discussion, Commissioner Barfield MOVED, SECONDED by
Commissioner O'Neal to approve the contracts as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
After discussion on current charges for ambulance fees,
Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to
raise the charge for ambulance service to $60 per trip effective
July 1, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A discussion was held on the capability of persons to pay
for ambulance services, but not doing so. Commissioner O'Shields
MOVED, SECONDED by Commissioner O'Neal to authorize the Tax
Director to implement the procedure of garnishing wages and
attaching liens on property of persons who have not paid but have
the ability to pay. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the contracts are on file in the County Manager's
office.
APPROVAL OF ORDINANCE REGULATING CBIMNEY SWEEPS
Inspections Director, S. D. Conklin, gave background
information on the proposed ordinance to regulate Chimney Sweeps
in New Hanover County.
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Commissioner O'Shields expressed his concern for the quality
of work being performed in relinement of a chimney and the
assurance .the chimney is safe after completion of ~ork.
After further discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner O'Shields to approve the Ordinance.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Ordinance is on file in the Clerk's office for
incorporation into the County Code.
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602
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MINUTES OJ@'- REGULARMEETING~ JUNE 18, 1984 (CONTI~tJRn)
ADOPTION OF REVISED PRIVILEGE LICENSE ORDINANCE - TAX DEPARTMEN~
Tax Administrator Register gave background information on
the proposed Privilege License Ordinance explaining the following
changes in the proposed Ordinance:
1. Delete classifications no longer valid.
2. Set several fees at lower rate prescribed
by State.
3. Add Video games @ $5 per machine instead of
$25 per location within the City, beaches
and unincorporated @ $10 per location.
4. Utilize language and format requested
by lOG.
5. Incorporate section to provide compromise of
penalty (within three (3) years after due or
six (6) months after payment--whichever is
later) .
Commissioner Blake commented on the changes made without a
copy of the original ordinance.
After discussion, Commissioner O'Shields MOVED, SECONDED by
Commissioner O'Neal to adopt the revised Privilege License
Ordinance as rewritten and presented by the Tax Department
effective July 1, 1984. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the revised ordinance is on file in the Clerk's
office for incorporation into the County Code.
BREAK
Chairman Gottovi recessed the meeting for a break from 11:50
o'clock A.M. to 12:00 o'clock noon.
APPROVAL OF PROPOSED FEE PLAN FOR NEW HANOVER COUNTY BEALTB
DEPARTMENT
Health Director Parker presented the proposed fee plan
explaining the rationale, goals, and philosophy of the new fee
stating the Board of Health requested approval by the
Commissioners.
After discussion, Commissioner Blake MOVED, SECONDED by
Commissioner O'Shields to approve the proposed Fee Plan as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the plan is on file in the County Manager's
office.
INTRODUCTION OF NEW ASSISTANT DIRECTOR OF HEALTH DEPARTMENT
Health Director Parker introduced Ms. Linda Smith, the new
Assistant Director of the Health Department. Chairman Gottovi,
on behalf of the Board, welcomed Ms. Smith and wished her success
in her new position.
APPROVAL OF CLERK TYPIST III POSITION - NEW HANOVER COUNTY
BEALTH DEPARTMENT
Heal th Director Parker requested approval of Clerk Typist
III position for the Home Health Program.
After discussion, Commissioner Blake MOVED, SECONDED by
Commissioner O'Neal to approve the position as requested. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF CONSULTANT FEE FOR STUDY BY INSURANCE COMPANY
PRESENTING PROS AND CONS OF OBTAINING ENVIRONMENTAL IMPAIRMENT
LIABILITY INSURANCE FOR TBE COUNTY LANDFILL
Engineering Director Hilton commented on qualifying for
Environmental Impairment Liability insurance for the County
Landfill stating only a study performed by the insurance company
would provide this information.
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603
MINUTES OF REGULAR MEETING, JUNE 18, 1984 (CONTINUED)
APPROVAL OF CONSULTANT FEE FOR STUDY BY INSURANCE COMPANY FOR
OBTAINING ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE (CONTINUED)
After discussion, Commissioner Blake MOVED, SECONDED by
Commissioner O'Neal to provide the consultant fee for a
study. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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COMMITTEE APPOINTMENTS
APPOINTMENT OF DAVID R. SARP TO BOARD OF TRUSTEES OF NEW HANOVER
COUNTY MUSEUM
Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to
appoint Mr. David R. Sarp to fill the unexpired term of Mr.
Russell Davis on the Board of Trustees of the New Hanover County
Museum expiring June 30, 1985. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPOINTMENT OF W. CLARK JAMES TO WILMINGTON/NEW BANOVER COUNTY
ADVISORY INSURANCE COMMITTEE
Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to
appoint Mr. W. Clark James to serve a three-year term on the
Wilmington/New Hanover County Advisory Insurance Committee
expiring June 8, 1987. Upon vote, the MOTION CARRIED
UNANIMOUSLY . ~ )j/j
CERTIFICATE OF APPRECIATION TO FAMILY OF EZRA BESTER
It was the consensus of the Board to forward a Certificate
of Appreciation to the family of Mr. Ezra Hester for his many
years of dedicated service to the New Hanover County Industrial
Facilities and Pollution Contrql Financing Authority.
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ENDORSEMENT BY COUNTY COMMISSIONERS FOR COMMISSIONER DONALD P.
BLAKE TO BE APPOINTED TO THE BOARD OF DIRECTORS OF TBE NORTB
CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
Commissioner Blake stated he had been asked to serve as
a director on the Board of the North Carolina Association of
County Commissioners and expressed his desire to serve.
After discussion, it was the consensus of the Board to
authorize the Chairman to write a letter to the County
Commissioners of our district requesting endorsement of
appointment of Commissioner Blake to the Board of Directors.
REQUEST BY COMMISSIONER BLAKE TO REQUEST TBE BOARD OF TRUSTEES OF
TBE NEW HANOVER COUNTY LIBRARY TO NAME THE NORTB CAROLINA ROOM
AFTER KEN AND HORTIE ALPERT ,",.~" '.' , - . - ,-
Commissioner Blake requested a letter 'be wr i tten to' the
Board of Trustees of the New Hanover County Library requesting
naming the North Carolina Room after Ken and Hortie Alpert in
tribute to their many years of service on this board.
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After discussion, it was 'the consensus of the Board to
authorize the Chairman to write the Board of Trustees formally
requesting this memorial.
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CHAIRMAN TO ATTEND DEMOCRATIC CONVENTION IN SAN FRANCISCO
Chairman Gottovi announced she would be attending the
.r
Democratic Convention in San Francisco as a delegate for Gary
Hart; therefore, she would be unable to attend the regularly
scheduled meeting of the Commissioners on July 16, 1984.
Chairman Gottovi requested Vice-Chairman Barfield to preside atthe
meeting.
ADDITIONAL ITEMS - COUNTY MANAGER
APPROVAL OF BUDGET AMENDMENT - AIRPORT GARAGE
Commissioner O'Shields MOVED, SECONDED by Commissioner
O'Neal to approve;a Budget Amendment in the amount of $7,000 to
purchase diiesel fuel due to a leak in a fuel tank at the Airport
Garage. Upon vote, the MOTION CARRIED UNANIMOUSLY.
604
MINUTES OF REGULAR MEETING, JUNE 18, 1984 (CONTINUED)
ADJOURNMENT
Commissioner
to ad j ourn the
UNANIMOUSLY.
O'Shields MOVED, SECONDED by Commissioner Blake
meeting. Upon vote, the MOTION CARRIED
Chairman Gottovi adjourned the meeting at 1:15 o'clock P.M.
~7~d'
Lucie Fo Smith
Clerk
MINUTES OF SPECIAL MEETING, JUNE 25, 1984
ASSEMBLY
The New Hanover County Board of Commissioners met in a
Special Joint Session with the Wilmington City Council,
Wrightsville Beach Board of Aldermen, Kure Beach Board of
Commissioners, and Carolina Beach Town Council on Monday, June
25, 1984, in the auditorium of the Lucille Schuffler Building, at
9:00 o'clock A.M., Wilmington, North Carolina.
Chairman Gottovi called the meeting to order at 9:10 o'clock
A.M. stating the purpose was to discuss a resolution establishing
a Governmental Consolidation Study Commission.
Members present were: Commissioners Jonathan Barfield, Sr.;
Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman,
Karen E. Gottovi; County Manager, G. Felix Cooper; County
Attorney, Robert W. Pope; Sheriff Joe McQueen; and Clerk to the
Board, Lucie F. Smith.
Members present from the Wilmington City Council were:
Mayor William Schwartz; Councilman Robert Shipp; Councilman
Irving Fogler; Councilman E. A. Bordeaux; Councilman Luther
Jordan; City Attorney, Tom Pollard; and City Clerk, Claire
Hughes.
Members present from the Board of Aldermen, Town of
Wrightsville Beach were: Mayor Eugene Floyd; Alderman Frances L.
Russ; Alderman Carlton Go Hall; Town Clerk, Hugh H. Perry, Jr.
and Town Attorney, John Wessello
Members present from the Town Council of Carolina Beach
were: Councilman Bob Doetsch; Councilman Doyle Brummitt;
Councilman John Gonzalez; Town Manager, Rick McLean; and Town
Attorney for Carolina and Kure Beach, AoA. Canoutas.
Members present from the Kure Beach Board of Commissioners
were: Norris Teague; Tommy Causby; and Ed Joneso
DISCUSSION AND APPROVAL OF PROPOSED RESOLUTION ESTABLISHING A
GOVERNMENTAL CONSOLIDATION STUDY COMMISSION
Mayor William Schwartz read the proposed resolution with
discussion of each paragraph. After discussion and comments by
all governing bodies, the resolution was adopted by the City of
Wilmington and New Hanover County Board with the following
changes:
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