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HomeMy WebLinkAbout1971-11-15 Regular Meeting~ e.l Mn~TUTEB OF THE MEETING - NOVEMBER l, 19~1 (CONTINUED) AUTHORITY FOR COUNTY TO PARTICIPATE IN COST OF NURSING HOME CARE.- Mr. Marks called attention to telegram Mr. Bowden was requested to send to our State Representatives on October 2'7, 19'71 reguesting they "do everything possible to see that proper legislation allowing counties to pay 25% of the amount above $14 of costs of recipients in skilled nursing homes per day is supported. Otherwise, the County is to be burdened with the total cost of nursing home care without State or Federal assist- ance." This legislation was passed and mar.i.mum was increased to ~18 per day. Mr. Harriss advised the Board he was in receipt of letter from Representative George Rountree stating bill had passed the House, and he was in agreement with the Board's request. AP7BULANCE SERVICE - Mr. Harriss stated Mr. Morrison, Director, New Hanover Memorial Hospital, who had headed a committee to study ambulance service, advises there are ways to bring about improvements in the future. Due to complicated nature of this subject in this county, the Committee recommended a special committee be appointed of suf£icient size and expertise to examine this matter in depth to bring specifications and obseivations to the County Commissioners £or present and fliture needs of the County. Mr. Harriss stated Mr. Morrison wanted it understood this is no indictment of the eacisting ambulance services or that the County is being inadequately served at the present time. Mr. Harriss suggested the Commissioners give thought to this and be prepared to furnish names £or such a committee at the next meeting. Mr. Hall suggested some esti- mate be given as to funds required for travel, etc. £or such a committee. Mr. Williams stated this certainly has to do with a health service, and a grant has just been made to the Council of Governments for an extensive study of health services in this area. Some o£ these funds might be available for this purpose and suggested the County Administrator discuss it with the Executive Director of the Council of Governments to see i£ the two programs can be worked together. 9UESTION OF WHETFiER VACATION 6ND SICS LEAVE CAN BE TR2;NSFERRED FROM OI~ COUNTY TO ANOTHER, Mr. Hall discussed letter £rom Mr. John Wilson, Mental Health Clinic, concerning whether vacation and sick leave can be transferred from one county to another, speci- fically £rom Dorothy Dix Hospital to the Mental Health Clinic for Dr. Knox, Psychiatrist recently employed by New Hanover County. Mr. Harriss pointed out New Hanover County had had no bene£it of the services of Dr. Rnox during this period. By common consent, it was agreed vacation will not be permitted to be carried from one county to another. Mr. Bowden will investigate sick leave with the State. By common consent this decision was deferred until the next meeting. COUNTY AUDITOR'S 9UARTERI~Y REPORT - The Commissioners received £inancial report for quarter ending September 30, 19']1 prepared by the County Auditor. ADJOURNMENT - '1'here being no further business to come before the Board, Mr. Marks moved, secorided by Mr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board hs/mw MINUTES OF THE MEETING, NOVEMBER 15. 1971 - 9:00 A.M. ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Zaurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and asked The Rev. C. R. Tedder, Pastor, Pine Valley Church of God, to give the invocation. APPROVAL OF MINUTES - TZr. Williams requested the following correction to the minutes o£ November 1, 19'71: On Page 8, First Paragraph, First Sentence should read: "Mr. Williams stated it appears that all the requests that come £rom Social Services..." Mr. Harriss requested the Yollowing corrections to the minutes: On Page 4, First Paragraph, delete words "to use." On Page 9, First Paragraph, Last Sentence should read: "... or that the Countq..." Mr. Williams moved, seconded by Mr. Marks, that the minutes be approved as corrected. Motion carried unanimously. WELCOPIE TO MR. SHEPARD. COUNTY AUDITOR - Mr. Harriss extended a welcome to Mr. Shepard who has returned to work after being ill for several weeks. ~~ MINUTES OF THE MEETING - NOVEMBER 15, 1971 ~CONTINUED) REPORT ON SHORE LINE MEETING - Mr. Raymond Grubbs, Administrative Of£icer, gave a report on a meeting on shore line protection which he attended in Jacksonville, N. C. on November llth. Mr. Grubbs stated the purpose of the meeting was to establish the most feasible line as a shore line protection area. It was determined in this particular area the intra- coastal waterway will be best for the eastern shore to Snow's Cut Bridge, north end; from the south of Snow's Cut the eastern side of U. S. Highway 421 as it proceeds southerly to its terminus. Mr. Grubbs reminded the Board iY the County does not adopt its own ordinance by Dec- ember 31, 19'71, the State will do so. The purpose of this meeting was only to establish the line, because by December 31 the ordinance will be established by the State, if not by the County. Mr. Grubbs stated the cost o£ this protection can be absorbed within the New Hanover County's Inspection Department. Fees can be charged for inspections when a person wants to move a dune or sand in the protected area. Mr. Grubbs stated the Commissioners must decide by December 31, 19~1 whether they want to establish a County ordinance or whether they want the 9ate to do so. It the County does not, it loses all power and authority under this particular bill protecting the dune area, and the State will establish the line, police the area, and set up its own ordinance. Mr. Grubbs stated two questions came u at the conference and were answered by Col. Pa~e who is with Water and Air Resources: ~1) How would the ordinance a£fect the munici- palities within the County; would the County have the authority to inspect areas within a municipality and the answer is "Yes," it would. (2) Would a public hearing have to be held to adopt the ordinance, and the answer is "No," it is not required. Question was raised by Mr. Harriss as to who would do the inspecting if the State adopts the ordinance. Mr. Grubbs stated the State would assign duties to a local County employee. Of course, the Commissioners would have the prerogative to decline if the in- dividual is not suitable. If the County agrees, the person named would be the Shore Line Protection Officer. Mr. Harriss raised the question of whether this would be a new position, and Mr. Bowden stated it could be. Mr. Williams stated he felt rather strongly about the proposition of allowing another level of government to assume responsibility which has traditionally been reserved for local governments. Mr. Williams stated that all recognized the fact that one of the reasons, and pro~ably the major reason, that the State and Federal Governments have so much power today over local activities is the fact local governments have, in many cases, reflised to assume the responsibility which can, and, in his opinion, should be the County's. Zocal govern- ments have failed to meet their responsibilities at the local level, therefore, State and Federal Governments have taken over and are exercising jurisdiction that should be that of local governments. Mr. Williams stated this is exactly what will happen in this case. Mr. Williams stated everyone complains about control in Washington and Raleigh, but when local governments have the opportunits to do something at the local level, too o£ten they are tempted to take what appears to be the easy way out and let someone else do it. Mr. Williams stated he feels very strongly that in the case o£ planning, zoning, and inspection controls, the Count~ should assume these responsibilities. Mr. Williams £elt the ~oard-.~of CbmmS.§sioners should adopt the ordinance establishing the areas to be controlled under this particular act. Mr. Williams stated New Hanover County is going to pay for it regardless o£ who does it. Mr. Harriss cautioned the Board about getting into something that might cost more to enforce than the Board realizes at the present. Mr. Harriss feels it will be necessary to have a separate depatment to take care of this be£ore it is over. Mr. Harriss is of the opinion the State might be set up better to per£orm this service without additional expense. It was the consensus of those present the State will cooperate with the County if the County decides to adopt the ordinance. Mr. Oxenfeld questioned cost if the State were to take over. Mr. Grubbs stated he got the impression it would cost the County £or the personnel to perform the duties assigned by the State. • Mr. Hall moved, seconded by Mr. Williams, that the Board proceed with the drawing of an ordinance designed along the lines o£ the Onslow County Sand Dune Protection Ordinance, naming as the protected areas those areas l~ing between the eastern shore line of the intra- coastal waterwap and the Atlantic Ocean £rom the Pender County line to the north side o£ Snow's Cut and along the eastern side o£ Highway 421 and the Atlantic Ocean from the south side of Snow's Cut to the terminus o£ Highway 421 as projected to the County line. The Chief Building Inspector will be designated as the Shore Line Protection officer. Fees and penalties to be re-established as the Board determines the costs. Mr. Harriss called attention to the £act the Federal Government holds a 1,000 feet right-o£-way in which the waterway is located. The waterway is not always in the center of the right-of-way. The shore line of the raaterway is indePinite; it #aries with the tide. Mr. Harriss asked Mr. Fox wnuld the Count9 be establishing an illegal boundary if the County stopped at the shore of the waterway rather than the edge of the Government's right- of way?~ Mr. Fox was of the opinion the County would not. Vote was called on motion. It carried unanimously. SICK LEAVE AND gACATION LEAVE - COUNTY EHPI,OYEES UNDER STATE MERIT - Mr. Grubbs stated the of£ice is in the process of evaluating the sick leave and annual leave policy of employees trans£erring into New Hanover County. He hopes to have policy recommendations to present at the ne~ct Commissioners' meeting on December 6, 19~1. APPOINTMENT MEMBER TO NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT - Mr. Hall moved, seconded by Mr. Williams, Dr. C. E. Hartfoxd be reappointed to serve on the New Hanover County Zoning Board of Adjustment for a term of three years, November 15, 19'71 to November 15, 19']4. Motion carried unanimousl~. P'IINUTES OF THE MEETING - NOVEI°IDER 15. 1971 REORGANIZATION OF TAX OFFICE - Mr. Grubbs in£ormed the Board this office is finalizing the reorganization of the Tax Office and assigning recommended grades and salaries to the particular positions in question and hopes to present this at the next Commissioners' meeting. Mr. Marks suggested the Commissioners be flzrnished this in£ormation:a few days before the meeting in order to give them time to study it. Mr. Grubbs agreed to do this. HIRING PERSvivlur,.~, F~R THE JAII, - P1r. Hall stated the Jailer, Mr. Joe Johnson, was not sure whether or not he had the authority to hire personnel in the Jail. Mr. Shepard had advised Mr. Johnson he could not put a person on the payroll until certain forms are filled in, and the forms are now being processed by Mr. Grubbs. Mr. Grubbs explained these are tax Yorms and take only a Yew minutes to complete. Mr. Grubbs further stated the reason for this is to have a means of control and for this office to know who is working for the County and to keep the records up to date. NRY COMMISSION - Mr. James Mcgeithan appeared.before the Board reguesting action by the Board on pay- ment of inembers of the Jury Commission; Messrs. McCarley, Davis and Grif£in. Zast year the Jury Commissioners were paid $20 per day, and Mr. McReithan requested this rate o£ pay again with a limit of $500 on each one. Zimit last year was $400. Mr. Marks moved, seconded by Mr. Hall, that the Jury Commissioners again be paid ~20 per day with a limit of $500 each, fluids to come from the Court Facilities Fees Surplus. Motion Carried unanimously. RENOVATIOPI OF JAMES WAI,KER HOSPITAL FOR THE HEALTH DEPARTMENT OFFICES - Mr. Marks reported on meeting in Raleigh,which Mr. Herb McKim and he attended last week with Mr. Henderson of the State Medical Care office. The same information was pre- sented to Mr. Henderson which was given to the Commissioners a short time ago regarding anticipated maximum cost of renovation o£ the James Walker Hospital for the Health Department with reasonable cushions for unexpected expenses. Mr. Marks stated they found two things were required which they were not aware of; (1) a certain portion of property has to be dedicated for the project, so that Medical Care can be assured of adequate property £or flxture expansion and parking. Medical Care was informed of the property at the site, and also, that the County is in the process of negotiating a demolition contract to clear the property. Mr. Henderson suggested a mini- mum of two acres be de8icated. Mr. McKim is now in the process of preparing this from old maps which the County has. (2) Mr. Henderson asked if funds had been provided £or the purchase o£ additional equipment for additional personnel, etc. Mr. Henderson advised these are matching funds the same as those £or the building. Dr. Knox has been requested to provide a memorandum with this information. Mr. Henderson's staff will study all the information and advise i£ the County will be required to furnish any additional data for consideration. Mr. Marks stated Mr. Henderson seemed very favorably impressed with the plans made and thought the location r~as suitable since it is in the area where people live that are served b~ the Health Department. Mr. Harriss stated Mr. Marks, by his energetic pursuit of this matter, has made it possible for the County to save several hundred thousand dollars and expressed his thanks to him for his efforts. JUNK ORDINANCE - SECOND READING - Mr. Harriss asked for comments on the Junk Ordinance as amended since the Public Hearing. There were no comments. Mr. Williams moved, seconded by Mr. Oxenfeld, that the Junk Ordinance, as amended, be adopted. Motion carried unanimously. Following is the Junk Ordinance. (Ordinance will be copied in the Minute Book) AN ORDINANCE C~VERNING DISPOSITIaN OF JUNK VEHICLES AND OTHER ABANDONED ITFMS Be it ordained b9 the Board of Commissioners of New Hanover County: Section I Whenever any vehicle is abandoned or junked, it may be removed for sa£e- keeping by or under the direction of the Sheriff's Department as specified below to a storage garage or area. 1. Any member of the Sheriff's Department is authorized to remove or cause to be removed any abandoned or junk vehicle as hereinafter defined from the street or other public place within New Hanover County and to have it removed to the designated storage garage or areas. 2. It shall be unlawful £or the owner or occupant ~f a residential building, structure or propert~ to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building . material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises Yree of such abandoned items as listed above including but not limited to weeds, dead trees, trash, garbage. ~~ MINUTES OF THE MEETING - NOVEMBER 15. 1971 (CONTINUED) JUNK ORDINANCE (C~NTINUED) Section II Definitions: 1. The term motor vehicle or vehicle as used herein is hereby defined to include all mactaines designed to be sel£-propelled or pulled and intended to travel along the ground by means of wheels, treads, runners, or slides. 2. For the purposes of this section, a vehicle sha11 be deemed to have been abandoned in the following circumstances: (a) It has been left upon a street or highway in violation of a law or ordinance prohibiting parking; or (b) It fails to display a current license plate; or (c) It is partially dismantled or wrecked; or (d) It is incapable of sel£-propulsion or being moved in the manner for which it was originally intended; or (e) It is left on propert~ owned or operated by the County for a period o~ not less than 2 hours. ' 3. For the purposes of this ordinance, a vehicle shall be deemed to be a junk motor vehicle whenever it is found to be an abandoned vehicle as defined above; and in addi- tion, is found to be inoperable, dismantled, or damaged, 5 years~~old or older, and worth less than $100.00. 4. Nothing herein sha11 be construed to apply to any vehicle in an enclosed build- ing or vehicle on the premises of a business enterprise being operated in a lawflil place and manner and the vehicle being necessary to the operation or such business enterprise, or to a vehicle in an appropriate storage place of depository maintained in a lawful place and manner by the County. ' Section III The following abandoned or junk vehicles are hereby declared to be health or safety hazards: 1. One which is obsts~ucting traffic on a public way; or ~- • 2. One which afPords depressions in which water can pool; or 3. One which shows evidence of being a rodent harbor; or ' 4. One which is overrun by weeds and vegetation over 8 inches high; or 5. Any other vehicle specifically declared to be a health or safety hazard by the governing body. Section IV It shall be unlawful for any person to abandon or junk any vehicle with the County and for any person "to leave or allow to remain an~ partially dismantled, nonoperating, (~other than a licensed business operator) junked, or otherwise discarded vehicle. Section V Towing and storage; The Sheriff's Department of the County s~hll prepare and maintain an eligible list of those persons, firms or corporations (hereina£ter called garages) having businesses in the County who apply and quali£y to tow and store automobiles and trucks from the streets and other public places in the County at the reguest of the Sheriff's Depart- ment. 1. To qizalify for the eligible list the applicant must: (a) Keep his garage available twenty-four (24) hours per da,y, seven ('7) days a week. (b) Have available at all times equipment in good conditibn capable of towing any automobile or medium weight truck, regardless of size or weight, from the streets and other public or private places in the County when called upon to do so. NLCNUTES OF THE MEETING - NOVEP'lBER 15, 19~1 (CONTINUED) JUNK ORDINANCE (CONTINUED) (c) At, or in the immediate vicinity of his garage, have suPficient storage space and facilities to protect from the elements vehicles which might be damaged by exposure and a sufficient amount of additional storage space to store undamaged vehicles. 2. The applicant must agree to assume the obligation: (a) To promptly tow and store a11 vehicles to be removed from the public streets or other public places or private property upon request of the Sheri£f's Department. (b) To issue a receipt to the Sheriff's Department for each vehicle towed and stored and keep the vehicle until its release is authorized by the Sheriff's Department.: (c) To store damaged automobiles in such manner as to secure their protection against further damage by the elements. (d) Of collectin~ towing and storage fees from the owner of the vehicle or by the sale of the vehicle without recourse on the County. (e) To pay all damages to vehicles entrusted to his custody as the result of his uegligence and to maintain, for the protection of the vehicle owners, garage keepers legal liability insurance of not less than Five Thousand Dol]as ($5,000.00) while per forming any of the services provided for in this section. (f) To remove from the scene of a motor vehicle accident, in which the vehicle to be towed was involved, all glass, metal or debris caused by the accident. (g) To compl~ with the provisions of this section under pain of removal £rom the eli~ible list. The privileges and obligations hereunder shall be rotated between the garage keepers on the eligible list quarterly on the first day of January, gpril, July, and October in the order of their gualification beginning January 1, 19'72. 3. Towing and storage. (a) All towing, storage, advertising and other charges incurred in connection with impounded vehicle shall constitute a lien upon such vehicle, and no stored vehicle shall be released until all such charges have been paid to the revenue collector of the County ~.;, to the owner o£ the garage where the impounded vehicle is stored. (b) If not claimed within seventy-two ('72) hours, it shall be the duts of the chief of the designated agency or his agent to notify the owner o£ a stored vehicle in writing, by registered mail return receipt requested, oP the fact that such vehicle has been stored and the place of storage, setting £orth the reason for such stora$e and that the vehicle will be released to him upon payment o£ the charges against it incident to its storage (including towing and storage charges and the cost of notifying the owner and the fine and costs, if any, of a traf£ic violation). If such vehicle is registered in this or any other state, the registered owner thereof, as shown by the records o£ the state of its registration shall be deemed to be the owner of the vehicle and the mailing of the required notice to such registered owner at the address shown on such records shall be deemed sufficient notification. (c) Disposal of vehicles and distribution of proceeds o£ sale: (1) Disposal of vehicles: (i) Should the owner of an abandoned vehicle fail or re~se to pa9 the costs or should the identit~ or whereabouts of such owner be unknown and unascertainable after a dili~ent search has been made and after notice to him at his last known address and to the holder of any lien of record in the office of the department of motor vehicles against the vehicle, the officer designated b~ the Board oY Commissioners may, after holding the vehicle for 30 days and aPter having the value of the vehicle determined by three disinterested dealers or garagemen and after 20 days' notice has been given to the department of motor vehicles before the date of sale, dispose of the same by public or private 39 4 4 MINUTES OF THE NlEETING - NOVEMBER 15, 1971 (CONTINUED) JUNB ORDINANCE (CONTINUED) sale or in the event of an appraised value o£ less than one hundred ($100.00) by other means in the discretion of the Board of Commissioners or the designated officer and the proceeds of any sale shall be forwarded to the county auditor. (ii) Should the owner of a junk vehicle fail or refuse to pay the costs and reclaim it within fifteen (15) days a£ter towing, the designated officer may destroy it or dispose of it by public or private sale in his discretion. Flxrther, the County may, with the consent of the owner, of a junk vehicle, remove and dispose o£ it regardless of the value, condition or age without waitin~ the aforesaid 15 day period. A notice containing as flill and accurate a description of the vehicle as can reasonably be determined shall be given within 15 days after final disposition to the department o£ motor vehicles, that such vehicle has been deemed to be a junk motor vehicle and has been disposed o£ as such. (iv) Motor vehicles which are health and safety hazards and public nuisances in addition to being abandoned or junked as herein provided shall be removed from privately owned property as provided by law. (2) Distribution of proceeds of sale: (i) The county auditor shall pay from the proceeds of any sale, the cost of removal, storage, investigation as to ownership, sale, and liens in that order. Subject to (ii) below, an~ remainin~ proceeds shall be deposited in the general £und o£ the County. (ii) If after the sale, the ownership o£ any vehicle at the time of its removal is established satisfactorily to the designated o£ficer by the person claiming such ownership, the owner shall be paid by such officer so much of the proceeds from the sale of such vehicle as remains after paying the cost of removal, storage, investigation as to ownership, sale, and liens as herein required. (3) No person shall be held to answer in any civil or criminal action to ar~y owner or other person legally entitled to the possession of any abandoned, junked, lost or stolen vehicle for disposing of such vehicle as provided by this section. 4. Notwithstanding the provisions of this section, the board of county commis- sioners may, if in its opinion the public interest would be served thereby, enter into an exclusive contract with one or more persons engaged in the towing and storage of motor vehicles, to remove the vehicles described herein £rom the public roads and alleys and other public places within New Hanover County on such'terms and conditions as may be mutually agreed upon. The contract so made shall be in writing; shall speci£y the charges to be made for towing and stora~e and shall require the person entering into the contract for the towing and storage o£ such vehicles to perform the service in a manner satisfactory to the county commissioners and shall provide for the forfeiture of the contract in the event of a violation of any of the provisions of the contract or of any subsection of this section which may be incorporated in and made a part of the contract. The contract shall f`urther provide that the County shall not be obligated to the person undertaking the towing and storage of such vehicles for any damages or charges which may be incurred in the performance of the obligation assumed by him but that the charge shall be collected solely from the owner o£ the vehicle involved. Section VI This ordinance shall be effective within the cooporate limits and extra terri- torial jurisdiction of any municipality within New Hanover County which shall so agree by appropriate resolution. 3~3NIITES OF ~I3E MEET3NQ - NOVEMBER 15. 19~1 ~CONTINUED) JUNK ORDINANCE (CONTINIIED) - Section VII Any person who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 or imprisonment for not more than 30 days in the discretion of the Court, as provided by Section 14-4 oY the General Statutes of North Carolina. Section VIII This ordinance shall take e££ect on the lst day of January, 1972." Hazel Savage Clerk to the Board New Hanover County Commissioners APPROVAL POWER EASEMENT FOR JUVENILE DETENTION ~r~v•1•~R Mr. Sowden presented proposed power easement as recommended by CP&I, Company for service to the new Juvenile Detention Homes. Mr. Oxen£eld moved, seconded by Mr. Hall, the Chair- man be authorized to sign easement as recommended by Mr. Bowden. Motion carried unanimously. MINIMUM FEE FOR PLUMBING INSFECTIONS - Mr. Bowden presented request of the Plumbing Inspector for permission to charge a minimum inspection £ee o£ no less than ~3.00. Figures furnished the Commissioners are charges for inspecting each fixture which will continue to be at these rates. Mr. Bowden stated in- / spection fee for trailer connection which now is ~1.25 will be increased to $5.00, Mr. Ha11 moved, seconded by Mr. Oxenfeld, that minimum fee of $3.00 be established for each plumbing permit and $5.00 for the trailer permit, effective January 1, 19']2. Discussion was held on reason for $3.00 for plumbing permits other than trailers which will be $5.00. Mr. Bowden stated $3.00 is a minimum fee for residences:~which at times can reguire an inspection costing $1.25. A trailer is self-contained and has more to inspect. Usually there is an additional septic tank and we11 fee unless it is in a park. There is more to inspect in a trailer £or minimum inspection. Mr. Harriss made a substitute motion, seconded by Mr. Williams, that minimum plumbing fee be established at ~3.00 for mobile homes and other inspections. After further discussion, Mr. Marks pointed out inspection of a new house would probably amount to more than $5.00. Mr. Harriss withdrew his substitute motion and Nlr. Williams withdrew his second. Mr. Harriss then made a new substitute motion, seconded by Mr. Marks, that minimum plumbing inspection fee be established at $5.00 for residences and trailers. Substitute motion carried four to one. Mr. Williams voted "No." Mr. Hall reguested Mr. Bowden make a check on the receipts of the Plumbing Inspection Of£ice to determine hov~ many times the plumbing inspection fees have been less than $5•00 over a period of 30 days. Mr. Williams requested that by common consent Mr. Bowden be reguested to check and see what the revenue is compared with the expense in the Plumbing Inspection of£ice, since it is not intended the County make money on inspections. DATA PROCESSING - Mr. Zarry Powell had been requested to make a study of all data processing now being used by the County and ascertain cost, if it were put under one contract. He appeared before the Board to present his report. Mr. Powell presented a summary of proposals from three data processing firms and one equipment firm. After a discussion, it was the consensus of the Board the information presented was not clear enough and should be returned to Mr. Powell £or additional study and resubmission to the Board on an identical basis, so it can be evaluated. Mr. Harriss appointed the following to serve on a committee to make further study of this matter: Mr. Powell, Mr. Shepard, and Mr. Bowden. Mr. Harriss designated Mr. Shepard as Chairman of the committee. This committee oaas requested to re~vork the specifications and seek proposals from any other companies capable o£ o££ering this service, and also to study the £easibility of using a computer terminal as an alternate to this processing. The committee is requested to make report as soon as they are in position to do so. Both Mr. Shepard and Mrs. LeRas expressed satis£action with the system they are now using. Mr. Harriss stated he vaanted to emphasize these are services for which the County is seeking proposals and in no sense of the word are these formal bids, therefore .they are not subject to the same restrictions or binding rules that the County is subject to in taking bids on a formal basis. Mr. Harriss stated he wanted it thoroughly understood b9 every company or person that submit proposals that these are not sealed bids lil~ the county gets~ on eguipment, and the Board is at liberty to discuss them with anybody, to counsel with anybody, discuss the cost, and are not subject to any limited actions on this. Mr. Ha11 questioned how much of a company's proposal should be revealed. Mr. Shepard stated he was o£ the opinion information should be con£idential until it is revealed to the Board; no company should view another's proposal. Mr. Iiarriss reiterated he wanted it understood the Board is not under any restraint; it might be necessary to discuss the proposals openly for the best interest of the County. MINUTES OF THE MEETING - NOVEMBER 15. 1971 (CONTINUED) APPROPRIATION FOR INSTALI,ATION OF ELECTRIC HEAT IN THE COUNTY EXTINSION OFFICES•- I?ue to a fire in the boiler room at the old County Farm which caused the boiler to become inoperable, it was necessary to install electric heat in the two offices out there. Cost of this amounted to $1,113.14, and an appropriation is needed. Mr. Marks moved, seconded by Mr. Oxenfeld, $1,113.14 be appropriated £or this purpose, funds coming £rom the General Contingency F1znd. Motion carried unanimously. Settlement from the insurance and sale of the old boiler will reimburse the General Contingency F1znd. The boiler will be sold, if possible. INVITATION TO TURNKEY III OPEN HOUSE - Mr. Bowden reminded the Commissioners of Open House at the Turnkey Project on Thurs- day, November 18, 19'71, at 3:00 P.M. REPORT ON HEARSNGS BEFORE THE STATE HIGHWAY COMMISSION - INTERSTATE 40 - Mr. Harriss stated several Commissioners were present at the Smithfield hearing and he and NLr. Marks attended the Raleigh hearing. Mr. Harriss stated it was heart-warming to receive the support £or a more southerly intersection which would continue as an interstate type road into Wilmington. Support was from Fayetteville, Dunn, Clinton, and Benson, also, Duplin, Brunswick, Bladen and all the southeastern counties. Of course, there was opposition £rom those who want the high- way to go north of Smithfield, but it was pointed out there were alreadp two roads o£ a four lane type both to Ralei~h via Smithfield, one by-passes and the other goes through Smithfield. They would be parallel to the recommended I-40 intersection at Smithfield as recommended by the Iii~hway Department. There was considerable showing that there was not any need for this third parallel facility. Wilmington and New Hanover County were well represented. AP'BU7,ANCE COMMITTEE - By common consent, it was a~reed Mr. Bowden request the organizations shown in memoran- dum of November 11 to submit two names from which the Commissioners may choose to form the Ambulance Committee. WII,MINGTON-NEW HANOVER ZONING BOARD OF ADNSTMENT - Mr. Marks questioned need for this Board, since the County does have an excellent Planning Board, and there is recourse to the County Commissioners. Mr. Fox stated it is a statutory reguirement to have this Board. CASWELI, CENTER RE9UEST - Request from the Caswell Center was discussed. Mr. Shepard reported $200 is already appropriated in the budget for this item, therefore no action is necessar9. USE OF HUGH MACRAE PARK - Ms. Harriss read the following proposed ordinance covering certain requirements for use of Hugh MacRae Park. "AN ORDINANCE REGULATING THE OPERATION AND USE OF HUGH MACRAE PARg IN NEW HANOVER COUNTY Be it ordained by the Board o£ Commissioners of New Hanover County. Section I Land known as Hugh MacRae Park and particularl~ described in that certain deed recorded in Book 162, Page 162, New Hanover County Regis- try is herewith de£ined, £or the purpose of this ordinance as the "Park." Section II No person shall carry, use or possess fire arms or other dangerous weapons of any nature within the Park, provided however this section shall not apply to law enforcement officers when engaged in the dis- charge of their duties. Section III No person, firm, corporation or organization sha11 hold any meeting attended by fifty or more persons within the Park, and no person, firm, corporation or organization shall enter, use or remain with the Park after 12:00 midnight unless a permit therefore has been obtained prior thereto. Section IV Applications for permits to use the Park, required persuant to Section III above shall be made to the County Administrator at least three days before the requested date of use, and shall be on forms supplied by the County Administrator. " Section V Any person who shall violate the provisions of this ordinance shall be guilty o£ a misdemeanor punishable by a fine of not more than $50.00, or imprisonment for not more than 30 days, in the dis- cretion of the court, as provided by Section 14-4 0£ the General Statutes of North Carolina. • Section VI This ordinance shall take effect on the 18th day of November, 19'71, at noon." A£ter discussion, Mr. Hall moved, seconded by Mr. Marks, adoption of the ordinance, eYfective noon Thursday, November78, 19~1. Motion carried unanimously. Discussion o£ whether to add other County lands to this ordinance was held, and, by common consent, it was agreed this can be done by amendment, if the Board deems it necessary. MINUTES OF THE I'~iEETING - NOVEM$ER 15. 1971 NEW HOPE DAM SUIT - Mr. Fox reported on the New Hope Dam Suit, stating there will be a meeting with Judge Stanley,on Friday. Mr. Fox was hopeflzl Judge Stanley would set the case for triaZ at this meeting and that it would be for the £irst of the year. ADJOURNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded b~ Mr. Williams, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board hs/mw MuvulES OF THE MEETING - DECEMBER 6. 1971 - 9:00 A. M. A,SSEMBLY - The regular semi-monthly meeting of the above @ate and time in the Commissinn Meares Harriss, Jr., Vice-Chairman Berr9 H. A. Marks, John R. Oxen£eld; County At County Administrator Laurence o. Bowden; the New Hanover County Commissioners was held on Building with the following present: Chairman A. Williams, Commissioners J. M. gall, Jr., torney James C. Fox; Count~ Auditor Perry Shepard; and Hazel Savage, Clerk to the Board., INVOCATION - Chairman Harriss called the meeting to order and asked The Rev. Charles A. McCombs, Pastor, St. Niatthews Lutheran Church, to give the invocation. APPROVAZ OF MINUTES - Mr. Hall moved, seconded by Mr. Oxenfeld, that the minutes of November 15, 1971 be approved as written. Motion carried unanimously. REORGANIZATION OF THE BOARD - Mr. Williams nominated P'[r. Meares Harriss, Jr. to succeed himself as Chairman of the Board for the coming year. Mr. Hall seconded the nomination. There were no other nomina- tions. Mr. Harriss was unanimously elected Chairman. Mr. Hall nominated Mr. Berry A. Williams to succeed himself as Vice-Chairman of the Board for the coming year. Mr. Harriss seconded the nomination. There were no other nominations. Mr. Williams was unanimously elected Vice-Chairman. Mr. Oxenfe2d moved, seconded by Mr. Marks, that Mrs. Hazel Savage be reappointed as Clerk to the Board for the coming year. Motion carried unanimously. EXAMINATION AND APPROVAL OF BONDS OF COUNTY OFFICIALS - 1"ir. Shepard informed the Board all bonds of public officials who hand2e public £unds were paid last week. I~Ir. Williams moved, seconded by Mr. HaZl, that Mr. Fox be requested to examine the bonds today and to report his £indings to the Chairman. Motion carried unanimously. APPROVAL OF SUBDIVISION PLAT - SILVER SANDSr SECTION 1- Mr. Jerry Ramsey, Assistant Planning Director, presented subdivision plat of Silver Sands, Sectionl, which is a 19 Zot section developed under the 25 lot provision in the New Hanover County Subdivision Regulations. The development is located just north o£ the Silver Lake Road. The Planning Commission recommended approval of the plat. M.r. Oxenfeld moved, seconded by Mr. Hall, tflat the Chairman be authorized to sign the plat. Motion carried unanimously. TRANSFER OF F[7NDS - I~A7li'H DEPARTMENT - I"ir. Hall moved, seconded by Mr. Marks, that request of the Health Department to trans£er ~500 from Contingent to Public Health Meeting item in the budget be approved. Motion carried unanimously. APPROPRIATION OF FUNDS - SHERIFF'S DEPARTMENT - Mr. Hall moved, seconded by Mr. Williams, that reguest of the Sheriff's Department for an appropriation of $I,000 to its Discretionary Fund, be approved, ilinds to come from the General Contingency Fund. Motion carried unanimously. TRANSFER OF ruivyS - MUSEUM - Mr. Hall moved, seconded by Mr. Oxenfeld, that request of the Museum to transfer $600 from their.Display Budget to Publicity and Rzblic Relations be approved. Motion carried unanimously. TRANSFER OF FUNDS - SCHOOL BOARD - Discussion was held on request from the School Board to transfer $2,200 from Capital Outlay - Back Hoe Tractor to Capital 4utlay - Maintenance Vehicle. Request was made so the School Board could purchase an additional pick-up truck for its maintenance personnel. Clarification of whether or not a back hoe had been budgeted for the School Board was needed, therefore, by common consent action on this request was deferred until the December 20 meeting. PUBLIC HEARING - REZuivttvG RE9UEST - Mr. Harriss announced Pizblic Hearing was open for consideration of rezoning property on the south side of Oleander Drive for a distance of 200 feet between South Bagley Avenue and Greenville Avenue £rom R-15 (Single Family District) to B-2 (Business District). Mr. Nei1 Mallor~, Director:.o£ Planning, was present and informed the Board the Plan- ning Commission recommends this area to be rezoned from R-15 to B-2. There were no persons present who wished to be heard, and Mr. Harriss declared the Public Hearing closed. ~'~