1975-11-17 Regular Meeting
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MINUTES OF REGULAR MEETING, NOVEMBER 17, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 17, 1975, at 11:45 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina. (The meeting was scheduled to begin at 11:00
o'clock a. m. but was delayed due to the length of the meeting of the Board of
Equalization and Review.)
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W.
Eller; County Attorney, James C. Fox and Clerk to the Board, Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
Comm. William C. Taylor offered the invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 27, 1975
Comm. Alper moved, seconded by Corom. O'Shields, that the minutes of the Special
Meeting of October 27, 1975, be approved as presented. Upon vote, the motion carried
unanimously. :
APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 3, 1975
Corom. Wright stated that on Page 295, under "Denial of request for Special Use
Permit ...", it should be noted that her vote was partially based on the fact that
this tabling had been requested in a fashion that was not quite in order and that
was one reason she voted for the denial.
Comm. Alper moved, seconded by Corom. O'Shields, that the minutes of the Regular
Meeting of November 3, 1975, be approved as corrected. cpon vote, motion carried
unanimously.
DISCUSSION ON AWARD OF CONTRACT FOR CONSTRUCTION OF SEWEF~ LINE TO SERVE TRASK AND LANEY
SCHOOLS
This item had been tabled at the meeting of Novembex 10 for the County Engineer to
gather additional information.
County Manager Eller reported that all the property owners involved had been con-
tacted and they had verbally agreed to donate the rights-of-way for the easements at
no cost to the County, making available approximately $9,600 which had been budgeted
for rights-of-way and easements. This would leave a shoxtage of $19,610 to award the
Contract as specified. The County Engineer had met agai~ with representatives of the
City of Wilmington and they still felt very strongly that the line should be constructed
in accordance with the plans as originally approved by the City and as bid on by the
various bidders. They had indicated that any changes would have to be approved by
City Council which would take at least an additional two weeks and the project would
have to be readvertised which would take approximately 30 more days, delaying the pro-
ject a total of approximately 45 days. The County Manager also stated that there were
two areas from which it would be possible to obtain the additional funds to award
the contract as originally specified. The Unappropriated Fund Balance in the Water
and Sewer Construction Fund had a balance of $41,000 and the Schools had an Unappro-
priated Fund Balance in the Public School Capital Reserve Fund of $47,050. The $19,610
could be taken from either of these two or a portion fro~ both accounts.
Dr. Heyward Bellamy stated that his~~ain concern was that the schools had been
scheduled to open in September and any delay would be vexy inconvenient.
Chm. Davis moved, seconded by Corom. Wright, that the Contract be approved as
originally specified and that the funds come from the Schools Capital Reserve Account.
Mr. J. R. Benson of Henry von Oesen & Associates, aFpeared before the Board and
stated that they were in the process of making applicaticn to the State for a State
Clean Water Bond Grant for this project, but it would be necessary for the application
to be filed before the Contract was awarded. He reported that he had a Resolution
being prepared authorizing the application and requested that the award of the Contract
be delayed a few minutes unti.l the Resolution arrived.
Corom. Wright withdrew her second of Chm. Davis' motion.
Chm. Davis requested that his motion be held in abeyance.
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MINUTES OF REGULAR MEETING, NOVEMBER 17, 1975 (CONTINUED)
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APPROVAL OF REPORT OF COLLECTOR OF REVENUE FOR THE MONTH OF OCTOBER
Chm. Davis moved, seconded by Corom. O'Shields, that the report of the Collector
of Revenue for the month of October be accepted. Upon vote,:motion carried unanimously.
A copy of this Report is contained in Exhibit Book III, Page 40.
APPROVAL OF TRANSFER OF FUNDS - CORONER
Coroner Robert W. Smith had requested a transfer of funds to purchase equipment
to contain decomposed bodies. The Coromissioners were requested to transfer the sum of
$197 from Professional Services, Acct. #ll 600 04, to Equipment, Acct. #11 600 74,
in the Coroner's Budget.
Corom. Wright moved, seconded by Corom. O'Shields, to approve the request of
Mr. Robert W. Smith, Coroner, to transfer $197 for purchase of equipment to contain
decomposed bodies from Professional Services, Acct. #11 600 04, to Equipment,
Acct. #11 600 74, in the Coroner's Budget. Upon vote, motion carried unanimously.
APPROVAL OF TRANSFER OF SCHOOL BOND FUNDS
Dr. Heyward Bellamy, Superintendent of Schools, appeared before the Board with a
request to change the relocation of the warehouse t~ the Shuffler site, as it had been
advertised, and .use the funds to upgrade the present warehouse site in lieu of relocating
to the Shuffler site, because of zoning and other problems encountered. He also stated
that when the Central Board of Education Office was constructed, the Audio Visual
and Instructional Supplies Departments were left in the Lake Forest School basement.
In the bond funds, $10,000 had been allocated for renovations to that area, but after
further discussions with the staff and architect it was suggested that several walls
be altered to make classrooms, and a shop department since the school would again be
used for a secondary school, 'and he requested permi.ssion to use the bond funds to make
these changes in lieu of the list that had been advertised.
Chm. Davis moved, seconded by Comm. O'Shields, approval of the transfer of funds
and the changes as requested by Dr. Bellamy and app:roved by the School Board. Upon
vote,' motion carried unanimously.
ADOPTION OF RESOLUTION AUTHORIZING APPLICATION FOR :,TATE CLEAN WATER BOND GRANT FOR
CONSTRUCTION OF SEWER LINE TO SERVE TRASK AND LANEY SCHOOLS
Mr. James R. Benson, Jr., of Henry von Oesen & Associates, presented to the Com-
missioners a Resolution authorizing application for State Clean Water Bond Grant funds
for use in constructing the sewer line for the Laney and Trask Schools.
Upon motion by Comm. O'Shields, seconded by Corron. Wright, the following Resolution
was unanimously adopted:
RESOLUTION CONCERNING N. C. CLEAN WATER
BOND FUNDS, SANITARY SEWER SYS~~EM, LANEY
HIGH SCHOOL - TRASK JUNIOR HIGH SCHOOL
WHEREAS, the North Carolina Clean Water Bond Act of 1971 has authorized
the making of grants to aid eligible units of <Jovernment in financing the
cost of construction and planning 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
gravity sewer lines, sewer lift stations, and appurtenances in New Hanover
County in order to meet local, State and Federal pollution abatement and
health requirements, and
WHEREAS, the County of New Hanover intends to request State grant
assistance for the project,'
NOW, THEREFORE, BE IT RESOLVED, BY THE BOAED OF COMMISS lONERS OF THE
COUNTY OF NEW HANOVER:
That the County will arrange financing for all remaining costs of the
project, if approved for a State grant award.
That the County will adopt and place into effect on or before com-
pletion of the project a schedule of fees and charges which will provide
adequate funds for proper operation, maintenance and administration of the
system.
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MINUTES OF REGULAR MEETING, NOVEMBER 17, 1975 (CONTINUED)
ADOPTION OF RESOLUTION AUTHORIZING APPLICATION FOR STATE CLEAN WATER BOND GRANT...
(CONTINUED)
That the County vlill provide for efficient operation and maintenance of
the project on complet:ion of construction thereof.
That Peter R. Davis, Chairman, and successors so titled, is hereby authorized
to execute and file an application on behalf of the county with the State of
North Carolina for a grant to aid in the construction of the project described
above.
That Peter R. Davis, Chairman, 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 assur-
ances as contained above; and to execute such other documents as may be re-
quired in connection with the application.
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That the 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.
Adopted this the 17th day of November, 1975.
AWARD OF CONTRACT FOR CONSTRUCTION OF SEWER LINE TO SERVE TRASK AND LANEY SCHOOLS
Chm. Davis moved, seconded by Corom. Alper, to approve the Contract, in accordance
with Mr. Benson's recoromendation in his letter of October 21, 1975, for the con-
struction of the sewer line to serye Trask and Laney Schqols and that the additional
funds needed be transferred from Public School - Capital Reserve, to Water and Sewer
Construction, Capital Outlay - Other Improvements, Acct. #64 575 73, in the amount of
$19,6l0 and that $9,696 now budgeted for Right-of-way Easements, Acct. #64 575 52, in
the Water and Sewer Fund be transferred to Capital Outlay - Other Improvements,
Acct. #64 575 52, in the Water and Sewer Fund. Upon vots, motion carried unanimously.
(See Page t5 for recission of motion and passing of corrected motion)
A copy of the bid tabulation and Mr. Benson's lettei are contained in Exhibit
Book III, Page 41.
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AWARD OF CONTRACT FOR FURNITURE FOR SOUTHEASTERN MENTAL HEALTH CENTER
Mr. Felix Cooper, County Finance Officer, stated tha.t equipment funds in the
amount of $16,000 had been budgeted for this furniture a~d the expenditure according
to the bids came to less than $10,000 so there was no bu~getary problem. There was,
however, a problem with the specifications. He also pointed out that the Contract
had to be approved by the State and he felt that they woqld not accept some of the
reasons given that specifications were not met.
Mr. Walter Taylor and Mr. Burke Lennon, of the Mental Health Center, appeared
before the Board and reported that they felt that some of, the equipment offered by
the apparent low bidder did not meet the specifications and recoromended that the bid
be awarded to the second low bidder in category A. They :also pointed out that under
Category C, the specifications were not met by the low bidder and recommended that
the contract be awarded to the second. low bidder.
Mr. Tom Naylor, representing Jackson & Bell Office Supplies, appeared before the
Board and requested that they also consider the fact that. he felt it would be bene-
ficial to award the bid to a New Hanover County business as opposed to a company that
did not pay taxes in New Hanover County when there was su.ch a small difference in the
bids.
County Attorney Fox pointed out that it was his opinion that the Board could not
consider the fact that a bidder was a local firm in awarc,ing the Contract, but the
Contract would have to be awarded on the basis of the be~t value to the County for
the money spent.
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Corom. Alper moved, seconded by Corom. O'Shields, that Clyde Rudd & Associates be
awarded the Contract as the apparent low bidder in categories A and B. Upon vote,
motion carried unanimously.
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MINUTES OF REGULAR MEETING, NOVEMBER 17, 1975 (COWnNUED)
AWARD OF CONTRACT OF FURNITURE FOR SOUTHEASTERN MEnTAL HEALTH CENTER (CONTINUED)
Corom. Alper moved, seconded by Corom. O'ShieldH, that Jackson & Bell be awarded
the contract under category C iriasmuch as Raleigh Office Supply did not meet the
specifications as required. Upon vote, motion carried as follows:
Voting Aye: Corom. Alper, O'Shields, Wright and Chm. Davis
Voting Noe: Comm. Taylor
Corom. O'Shields moved, seconded by Corom. Alper, that under categories C-I, D and
E. the contracts be awarded to the low bidders in each of those three cases. Upon
vote, motion carried unanimously'.
A copy of the bid tabulation is contained in Exhibit Book III, Page 42.
APPROVAL OF RETROACTIVE STEP INCREASE FOR TWO GARACE EMPLOYEES
County Manager Eller reported that there were two employees at the garage who
were eligible for step increases last year and due to an oversight they were not
granted. It was verified from the records that they were both eligible for step in-
creases in August, 1974. He requested approval of $532 to makeup the pay that the
records indicated they were entitled to, and recomrr,ended that the $532 be transferred
from the salaries account - Inspections, Acct. #ll 540 02, to the salaries account -
Garage, Acct. #11 555 02.
Comm. O'Shields moved, seconded by Corom. Taylor, that on recoromendation of the
County Manager, the retroactive increases be approved and the funds transferred as
specified to permit the increases. Upon vote, motion carried unanimously.
EXECUTIVE SESSION
Corom. O'Shields moved, seconded by Comm. Alper, that the meeting be recessed to
Executive Session. Upon vote, motion carried unanimously.
Chm. Davis recessEd the meeting to Executive Session at 12:35 o'clock p. m.
Corom. Alper did not feel well and left the meeting at 12:50 p. m and was
absent for the rest of the meeting.
Chm. Davis reconvened the meeting to Public Session at 1:00 o'clock p. m.
TABLING OF APPROVAL OF PHYSICIAN'S ASSISTANT FOR SHE:RIFF'S DEPARTMENT
Th,is item had been tabled at the meeting of November 10 to get Dr. Gottovi' s
opinion on the suggested proposal.
Sheriff H. G. Grohman and Capt. R. L. ~i/ark apP'~ared before the Board and reported
that Dr. Gottovi could get a physician's assistant for the County Jail on a daily sick
call basis to worr under his supervision if the COW1ty would pay the salary and the
insurance premiums. The assistant would work under the supervision of Dr. Gottovi
but would not be employed by him.
It was agreed by coromon consent to table this rnatter until Sheriff Grohman and
Capt. Wark could check with some other counties and see how they handled the employment
of a physician's assistant, check into the liability insurance coverage, and also confer
with Dr. Gottovi to determine how much of the responsibility he would take.
ADJOURNMENT
Corom. O'Shields moved, seconded by Comm. Wrigh1:, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent:
Comm. Alper
Chm. Davis adjourned the meeting at 1:25 o'clock p. m.
Respectfully submitted,
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(Mrs.) AlYCE' B. Brown
Clerk to thE Board
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