1976-11-15 Regular Meeting
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MINUTES OF REGULAR MEETING, NOVEMBER 15, 1976
ASSEMBLY
The New Hanover County Board of commissioners met in Regular Session on Monday,
November 15, 1976, at 9:00 o'clock a. m. in the Assembly Fbom, New Hanover County
Administration Building, Wilmington, North Carolina.
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.
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Pev. Robert Jernigan of Immanuel Baptist Church offel:ed the invocation.
.APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 1, 1976
Upon motion by Comm. Alper, seconded by Comm. O'Shietds, the Minutes of the Regular
Meeting of November 1, 1976, were unanimously approved as'presented.
PUBLIC HEARING - NO WAKE ZONE
Notice had been published that the Commissioners would consider applying for an
extension of the existing "no wake" zone in the Atlantic intracoastal Waterway. Said
extension to terminate 100 yards north of the C. Heide Tr~isk Memorial Bridge.
Chm. Davis asked if there was anyone present to speaf for or against this matter
and no one appeared in this regard.
Chm. Davis moved, seconded by Comm. Alper, to endors'~ this small extension of the
"no wake" zone. Upon vote, the motion carried unanimously.
DISCUSSION OF AMENDMENT NO. ITa BOARD OF EDUCATION BUDGET
Dr. Heyward Bellamy, Superintendent of Schools; Mr. George Abeyounis of William E.
Brock & Company, Auditors for the School System; Mr. Dale K. Spencer, Assistant Super-
intendent of Schools; and Ms. Nina Tenuta, Finance Officer for the Schools, appeared
at the request of the Commissioners to explain the proposed amendment to the Board of
Education Budget and explain the new Fiscal Control Act which was the guideline for
the preparation of the budget. They stated that there would be even more changes in
the budget for the next fiscal year.
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Comm. Alper requested that when anything new pertaining to the school budget came
through to the Board of Education that the County Commis~ioners be furnished the informa-
tion so they could be kept abreast of what was happening.
Chm. Davis rroved to amend the school budget as outlined.
County Manager Eller stated that the Commissioners 6id not need to take any action
on this matter as it did not affect local funds.
Chm. Davis moved, seconded by Comm. Alper, that the County Commissioners ask the
School Board to allocate the $24,300, which would be reflected in the fund balance,
to the handicapped children.
Dr. Bellamy stated that it could not be handled in 1:his way and that he did not
want the Board to take any action as he had only sent these figures to the Commissioners
for information.
Chm. Davis explained that his motion was intended to mean that if there was a sur-
plus, this commission would like to see the funding go to help the handicapped children.
He stated that he understood that even if the Commissionl~rs asked the Board of Education
to do it, they were not bound to do it.
Dr. Bellamy's recommendation was that the Commissioners take no action but
to leave the handling of funds budgeted by the County, Si:ate and Federal governments
to the Board of Education.
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Mrs. Ella Rhodes appeared before the Board to speak in behalf of using the funds
for the handicapped classes.
Mr. Jerry Beaver of the school system offered his comments on the matter.
Chm. Davis withdrew his motion and requested that the School Board let the County
Commission know what they intended to do with the $24,300 and that they give all con-
sideration possible to the handicapped.
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MINUTES OF REGULAR MEETING, NOVEMBER 15, 1976 (CONTINUED)
APPROVAL OF DRAWING UP BILL FOR KURE BEACH ABC FUNDS
Mayor Smith of Kure Beach and Mr. A. A. Canoutas, Attorney for the Town of Kure
Beach, appeared before the Board to request approval, subject to County Attorney
Fox's approval, of introducing a Bill to the Legislature whereby Kure Beach would
share in the ABC profits of New Hanover County.
Chm. Davis moved, seconded by Comm. Alper, approval of the request for submitting
the Bill for Kure Beach to share in the ABC profits of New Hanover County. Upon vote,
the motion carried unanimously.
TABLING OF RETIREMENT PRESENTATION TO EULA MAE MCIKNIS
The Commissioners were scheduled to present a plaque to Mrs. Eula Mae McInnis
upon her retirement but, due to the fact that she ~as ill and not able to be present,
this was postponed unti.l the second meeting in December.
DISCUSSION OF DEPARTMENT OF SOCIAL SERVICES AUDIT REPORT
Mr. Frank Ballard, Chairman; Mr. Will Echols; Mr. Karl McGhee; Ms. Beatrice
McIntyre; and Ms. Jeanie Renegar,all members of the Social Services Board of Directors,
and Ms. Lela Moore Hall, Director of the Department of Social Services, appeared before
the Board to discuss the Audit Report on the Department of Social Services prepared by
the Audit Services Section of the N. C. Department of Human Resources for the fiscal
year ended June 30, 1975.
County Manager Eller reviewed the Audit Report and explained the questions
presented by the Auditors. He requested direction from the Board as to what to do
wi.th the funds in a Special Account which had been handled by Ms. Hall, but which were
recently turned over to the ~ounty Finance Office.
Ms. Hall explained how the Special Account had been handled and the purpose of
the Account.
Mr. Ballard and Mr. McGhee stated that the Board of Social Services passed a
motion to take no action because of the fact that the exact amounts of the money were
unknown and the individuals responsible were unknown. Mr. McGhee stated that his
motion was intended to mean that they take no action to cause Ms. Hall to repay the
money,as there was no doubt about her honesty, and to make no recommendation to the
County Commissioners on the matter.
Each of the Social Services Board members expr<~ssed his feelings on the matter
and the action taken at the Social Services Board meeting.
Comm. Wright moved that the Commissioners hire the regular Coun.ty accountants
to do a complete audit of at least the last 4 or 5 years on this account to make
sure they knew everything about it and would have an up to date accounting of every-
thing that was turned over to the Finance Office. The motion died for lack of a
second.
Comm. Alper moved, seconded by Comm. O'Shields, that the Board go on record as
reprimanding Ms. Hall for poor bookkeeping and inadequate records on this particular
account and that all future monies be handled throuqh the County Auditor and be dis-
bursed by him for this Special Account.
Comm. Wright requested that Comm. Alper includE! in his motion the repayment of
the funds that were taken out that were not justifiE!d or documented.
Comm. Alper would not accept that amendment to his motion as he felt that it was
an accusation.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
Comm. Wright requested that the record show her reason for voting "noe" was be-
cause she did not feel t:hat the action was strong enough.
RELEASE OF LETTER OF CREDIT - SILVA TERRA SUBDIVISICN
Comm. Alper moved, seconded by Comm. O'Shields, to release the letter of credit
in the amount of $17,314 for Silva Terra Subdivision upon the recommendation of the
County Engineer. Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, NOVEMBER 15, 1976 (CONTINUED)
ENDORSEMENT OF RESOLUTION - FEDERAL POINT MEDICAL CENTER, INC.
Ms. Sheila Davis and Mr. Tommy Tucker appeared befo~e the Board on behalf of the
Federal Point Medical Center, Inc. to request the Commissioners endorse a Resolution
calling for non-profit rural clinics to be eligible for ~edicare reimbursement.
Comm. Alper moved, seconded by Comm. O'Shields, to ~ndorse the Resolution as
requested. Upon vote, the motion carried unanimously.
A copy of the Resolution is contained in Exhibit Book IV, Page 34.
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INTRODUCTION OF FRANK LEWIS OF NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS
Comm. O'Shields introduced to the Board Mr. Frank L~wis of the North Carolina
Association of County Commissioners, who stated that he ~as just in the area and wanted
to stop in and speak to the Commissioners. He suggested:to the Board that they take
advantage of the Legislative Resource Teams which were mc)ving around the State so that
when they met in Greensboro, they could form a good legislative program for the General
Assembly, and he also suggested that all the new Commissioners take advantage of the
school for Commissioners which would be offered at the I~stitute of Government.
LETTER OF INTENT - PERMIT LETTING UNDER COASTAL AREA MAN1~GEMENT ACT
Mr. Bill Farris of the Planning Department appearedibefore the Board to request
the Commissioners to sign a letter of:intent for the COilllty to serve as a permit-
letting agency for minor development within areas of environmental concern. He
stated that this would probably require an additional employee at some time in the
future, and he also requested the Commissioners to authorize the Planning Department
to act as the notification agency for the interim period~
Comm. Alper moved, seconded by Comm. O'Shields, to 9ign the letter of intent as
requested. Upon vote, the motion carried unanimously.
Comm. Wright made a motion, seconded by Comm. Alper, that the Commissioners write
to get details on the suit that had been entered in rela~ion to the Coastal Area
Management'Law. Upon vote, the motion carried as follow!;:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
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voting Noe: Comm. Taylor
By common consent, the Planning department was authorized to act as a notification
agency for the interim period.
ADDITION OF ROADS IN SECTIONS 1, 2 AND 3 OF CHURCHILL ESTATES TO STATE SECONDARY ROAD
SYSTEM
Comm. Alper moved, seconded by Comm. O'Shields, approval of a resolution requesting
the addition of roads in Sections 1, 2 and 3 of Churchill Estates to the State Secondary
Road System, on recommendation of the County Engineer anq the Division of Highways.
Upon vote, the motion carried unanimously.
A copy of the Resolution is on file in the County M~nager's Office.
TABLING APPROVAL OF SALE OF CITY/COUNTY-OWNED PROPERTY
The Commissioners had been furnished lists of City/County-owned property with
recommendations that some parcels be offered for sale and others not be sold as the
offers to purchase were significantly below the values a~signed by the Tax Department.
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Chm. Davis moved that the approval be tabled and that
should look into it and he would suggest Comm. O'Shields.
a second.
someone on the Commission
The motion died for lack of
Comm. Alper moved, seconded by Comm. Taylor, that this item be tabled until the
next meeting. Upon vote, the motion carried unanimously.
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TABLING OF FINAL PAYMENT ON PUBLIC HEALTH BUILDING
Reagan Construction Company had requested release of the $1,353 retainage under
their contract for the construction of the Public Health Building. County Manager
Eller reported that he had talked with Dr. Finger at the Health Department who re-
ported that the architect and the contractor were in the process of correcting the
problem of leaks at the building.
Comm. O'Shields moved, seconded by Comm. Wright, to hold up payment and if the
last leak is fixed, the action can be taken at the first meeting in December. Upon
vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, NOVEMBER 15, 1976 (CONTINUED)
TRAINING REIMBURSEMENT - SHERIFF'S DEPARTMENT
Comm. Alper moved, seconded by Comm. Wright, that on recommendation of the
Sheriff and the County Manager, D~tective Billy DaWBon be reimbursed $245 for
successfully completing a course through the Instit\~e of Applied Sciences. Upon
vote, the motion carried unanimously.
"I APPROVAL OF DISCOVERED PERSONAL PROPERTY - AUTOMJBII~ES
. The Tax Administrator requested the Commissioners to approve a list of discoveries
. of motor vehicles which had not been listed for 1975.
Comm. Alper made a motion, seconded by Chm. Davis, that the list be approved as
requested by the Tax Administrator. Upon vote, the motion carried unanimously.
A copy of the list is on file in the Tax Administrator's Office.
BUDGET TRANSFER - SHERIFF'S DEPARTMENT
Comm. Alper moved, seconded by Comm. Wright, approval of the following budget
transfer as requested in the Sheriff's Budget in order to replace funds expended for
9 members of the Sheriff's Department to complete the Basic Police Science School:
Transfer $3,155.89 from Acct. #11 510 14 to Acct. #11 510 02
Transfer $4,479.53 from Acct. #11 510 14 to Acct. #11 520 02
Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - HEALTH'DEJ;>ARTMENT
The Health Department had received unanticipat-~d funds from the sale of old X-ray
film and requested that $320 be appropriated for th~ purchase of a Resusci-Anne for
use as a training aid to teach emergency resuscitation. County Manager Eller reported
that the sale of the film had not been approved by the Commissioners, and he had ad-
vised Dr. Finger that in the future any sales of personal property would have to be
approved by the Board and the advertising procedure complied with according to the
statutory requirements.
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Comm. Alper moved that inasmuch as it was a fait accompli and the Board couldn't
do anything about it, it be accepted and also reprimand Dr. Finger in the same sense
as was done to Ms. Hall. The motion died for lack of a second.
Comm. O'Shields moved, seconded by Comm. Alper, approval of the sale and that
the budget be amended by appropriating the sum of $320 to the Revenue Acct., Miscel-
laneous Income, Acct. #44 333 04, and by appropriating that same a~ount to the Expendi-
ture Acct. - Equipment, Acct. #44 590 74, in the Health Department Budget as recom-
mended by the County Manager. Upon vote, the motion carried unanimously.
APPROVAL OF TAX COLLECTOR'S REPORT THROUGH OCTOBER 31, 1976
Comm. O'Shields moved, seconded by Comm. Wright, approval of the Tax Collector's
Report through October 31, 1976. Upon vote, the motion carried unanimously.
A copy of the Report is contained in Exhibit Book IV, Page 35.
APPROVAL OF TAX ABATEMENTS AND REFUNDS
County Attorney Fox advised that he had revie\\ed the list of abatements and
refunds furnished by the Tax Administrator and found them to be in order.
Comm. O'Shields moved, seconded by Comm. Alper, that the list of tax abatements
and refunds be approved. Upon vote, the motion ca~ried as follows:
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Voting Aye: Comm. Alper, O'Shields, Taylor a~d Chm. Davis
Voting Noe: Comm. Wright
A copy of the list is contained in Exhibit Bock IV, Page 36.
DISCOVERED REAL ESTATE VALUES'
Comm. O'Shields moved, seconded by Comm. Wrigbt, approval of a list of discovered
real estate values as furnished by the Tax Administrator and add them to the tax rolls.
Upon vote, the motion carried unanimously.
A copy of the list is contained in Exhibit Book IV, Page 37.
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