1972-09-05 Regular Meeting~~: ~)
MINUTES OF MEETING - Sr.rr~r1BER 5, 1972 - 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 £ollowing present: Chairman
Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A.
Marks, John R. oxen£eld; County Attorney James C. Fox; Mrs. Elizabeth Edens from the
Auditor's Office; County Manager Zaurence 0. Bowden; and Hazel Savage, Clerk to the Board.
INVOCATION -
Chairman Harriss called the meeting to order and asked Rev. Paul E. Pearson, Pastor,
Church o£ the Nazarene, to give the invocation.
APPROVAL OF MINUTES - REGU7~AR MEETING~ AUGUST 21, 1972 -
Mr. Williams moved, seconded by Mr. Hall, minutes be approved as written. Motion
carried unanimously.
RESIGNATION OF COUNTY AUDITOR -
Mr. Harriss read the following statement regarding resignation of Mr. Perry Shepard,
County Auditor:
"The New Hanover County Board of Commissioners has received with regret
. the announcement of the resignation o£ Mr. Perr~ Shepard, County Auditor, for
reasons of health. Mr. Shepard has rendered valuable service to the County
in his post, and the Board of Commissioners wish him a speedy recovery."
By common consent it was agreed to make statement a part o£ the record.
Mr. Harriss pointed out the County is without an auditor to carry on and to sign checks
until a person can be appointed to take Mr. Shepard's place on a~.ill time basis. Mr.
Iiarriss suggested he and Mr. Bowden be authorized to recommend to Judge Tillery that
Nir. Larry Powell be appointed interim auditor until a person can be appointed on a full time
basis.
Mr. Hall moved, seconded by Mr. Williams, that the Chairman and County Manager be
authorized, upon being contacted by Judge Tillery, to suggest to him that Mr. Larry Powell
be appointed interim auditor until the appointment of a permanent person can be made.
Motion carried unanimously.
Mr. Harriss stated he would be out o£ the City at various times and suggested Vice-
Chairman Williams be authorized to sign checks during these times instead of his stamp being
used. Mr. Oxenfeld inguired of the County Attorney if this would be legal and Mr. Fox
stated it would.
Mr. Hall moved, seconded by Mr. Harriss, that Vice-Chairman Williams be authorized to
sign checks in the absence of Chairman Harriss. Motion carried unanimously.
Bond for Mr. Powell was discussed. By common consent it was agreed Mr. Bowden investi-
gate and if Mr. Powell's present bond is not sufficient to have it increased.
By common consent the Board o£ Commissioners went on record thanking Mrs. Edens for
ably carrying on the duties in the Auditor's Office during this time.
AUDIT OF AUDITOR'S OFFICE -
~,uestion o£ auditing Auditor's Office due to resignation of Mr. Shepard was discussed.
Mr. Williams pointed out if resignation of outgoing Auditor is accepted on same date as new
interim Auditor is appointed, there will be no lapse of time and only one audit required.
Mr. Williams stated he hoped the Judge would accept resignation and make appointment effec-
tive on same date.
a Mr. Williams moved, seconded by Mr. Oxenfeld, firm of Cherry-Bekaert and Holland be
appointed to proceed with such audit. Motion carried unanimously.
RE~.UEST OF REGISTER OF DEEDS - PART TIME POSITION BE MADE FUI~L TIME -
Mr. Ras Grubbs, Administrative Of£icer, presented request of Register of Deeds that
a regular part time position in her department be made a£ull time position to take care
of additional work load.
Mr. Grubbs recommended approval of request and advised the Commissioners if approved
it will require appropriation of $2348. The position will be classified as Deputy Regist-
rar Trainee 53-1, Annual Salary $4,~64.
Mr. Marks moved, seconded by Mr. Hall, part time position be made full time position
and amount of $2348 required £or this be appropriated from the General Contingency Fund.
Motion carried unanimously.
EEA PROGRAM
P~. Grubbs advised the Commissioners he did not know whether or not the County will
receive EEA Grant from the Government this year. The present one expires September 15th.
The Register of Deeds Office has been receiving help from this program, and the Tax office
has two EEA Clerks.
Mr.•Harriss pointed out the Federal Government is very unreliable to deal with; they
have changed rules so many times during the year. "
Mr. Ha11 was of the opinion if the County needs employees, it should get them instead
of using EEA Program.
It was also pointed out this is a training program, and EEA flznds cannot be used for
a needed position. The Government also expects the County to try to provide positions for
these trainees.
LATE ZISTING PENALTY -
Mr. Larry Powell, Tax Administrator, presented request of Mr. Henry Walter Ediaards for
waiver of late listing penalty in amount of $31.24. Mr. Edwards, in letter of August 16th,
stated he listed his taxes on the same da~ that he listed for his mother and uncle which
Mr. Powe11 stated were received in January.
Mr. Hall moved, seconded by Mr. Marks, that upon presentation of proper affidavit say-
ing he did mail his tax listin~ on time, this penal~y be remitted. Motion carried unani-
mously.
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MINUTES OF MEETING, SEPTEMBER 5, 197~ - 9~00 A. M. (CONTINUED)
TRANSFER OF F'UNDS - SOCIAL SERVICES DEPARTMENT -
Request from Miss Lela Moore Hall, Director of Bocial Services, for transfer of
$1,000 from funds budgeted for addressograph and $200 from Salaries within Social
Services Budget to replace furniture belonging to Community Service Consultant which the
Social Services Of£ice has been using was presented to the Board. The furniture is now
needed by the new Community Service Consultant, and the total replacement value is $1192.
Question was raised why could the $1,000 be taken from funds budgeted for the address-
ograph when it was needed so badly in July. Mr. Marks stated this is because the Director
is not sure of the flzture of the programs in the Social Services Department.
Mr. Marks moved, seconded by Mr. Williams, transfer be approved. Motion carried
unanimously.
APPROPRIATION TO VOLUNTEER FIRE DEPARTMENTS FOR FIRE PREVENTION PROGRAM -
Mr. Williams presented reguest for contribution not to exceed $250 to aid Volunteer
Fire Departments in fire prevention program they will conduct. Part of program has been
to distribute printed material concerning fire prevention.
Mr. Williams moved, seconded by Mr. Oxenfeld, that amount not to exceed $25~ be appro-
priated from the General Contingency Ftand for this printed material. Motion carried
unanimously.
Mr. Williams pointed out material is printed by a non-pro£it organization.
PERSONS OBTAllvuvG AID FROM SOCIAL SERVICES UNDER FALSE PRETENSES -
Mr. Harriss brought to the attention of the Board that two ~counties have been able to
prosecute persons obtaining funds from Social Services under false pretenses based on in-
formation furnished by Commissioner Clifton Craig of the State Department of Social Ser-
vices. Mr. Harriss suggested New Hanover County request same information from the State
Department of Social Services, so it will be in position to do likewise.
Mr. Williams suggested the Chairman be urged to pursue the matter, and by common
consent it was agreed Mr. Harriss and Mr. Bowden would do this..
JAIZ REPORT -
Chairman Harriss called attention to inspection report on the New Hanover County Jail,
dated July 20th, ftirnished by Mr. Clifton M. Craig, Commissioner, Department of Social
Services. Mr. Craig'stated despite the good management policy, continuing interest, and
effort to maintain this frequently overcrowded and inadequate facility in good condition,
the structural limitations and obsolescence of the present jail compelled him to reempha-
size the need for a new and adeguate confinement facility.
After discussion, by common consent it was agreed Mr. Harriss inform Mr. Vinton A.
Fish, Jail Inspector, and Mr. CraiQ, with copy to Sheriff Mi11is, that over the past two
years $100,000 per year, or a total of ~200,000, has been set aside for construction o£ a
new jail facility, and it is the intent of the present board to continue this. Also, they
should be made aware of study by Eric Hi11 Associates which should be forthcomin~ shortly
and contain, as one of its points, recommendation concerning jail facility.
VISITATION IN CONNECTION WITH TAX MArruvG AND REVALUATION -
Mr. Harriss called attention to visitation to two companies who submitted bids on tax
mapping and revaluation of the County.
On September ~ Cole-Layer-Trumble has arranged to have from two to six persons f1y
to Dayton, Ohio. Mr. Harriss recommended Mr. Powell and Mr. Epling, along with any Com-
missioners who can, go. None of the Commissioners will be able to, so Mr. Bowden will
accompany Mr. Powell on this trip.
On September 8th two companies are scheduled to be heard from in the Commissioners'
Office; Associated Surveys, 9:00 A.M, to 10:00 A.M. and Allied Central, 10:00 A.M. to
11:00 A.M.
On September 11 and 12 trip has been arranged by James Laird Company to Appleton,
Wisconsin. Mr. Marks stated he would be able to attend this meeting. Other Commissioners
that can go vaere requested to notify Mr. Bowden, or it would be assumed they would not be
going.
BOND ISSUE - CAPE FEAR TECHNICAL INSTITIITE -
The following bond order authorizing the issuance of $3,675,000 Technical Institute
Bonds of New Hanover County was introduced by Mr. Marks:
"BOND ORDER AUTHORIZING THE ISSUANCE OF $3,6'75,000
TECHNICAI~ INSTITUTE BONDS OF NEW HANOVER COUNTY.
"Wf~REAS, the Board of Trustees of Cape Fear Technical Institute has
requested the Board of Commissioners o£ New Hanover County to provide funds
for the construction of facility additions and the acquisition of land for
Cape Fear Technical Institute and to submit to the voters of New Hanover
County at an election the question of issuing bonds o£ said County to £inance
such construction and acquisition and of levying a tax £or the payment
thereof; and
"WHEREAS, the Board of Commissioners of New Hanover County deems it
advisable to make the requested improvements;
NOW, THEREFORE,
"BE IT ORDERED by the Board of Commissioners of New Hanover County
as Yollows:
"Section 1. The Board of Commissioners of New Hanover County has
ascertained and hereby determines that, in order to provide adequate £acili-
ties £or the Cape Fear Technical Institute, it will be necessary to make the
improvements hereinafter described, and that it will be necessary to expend
for such purpose not less than $3,6'75,000, in addition to any £unds ~ahich may
be made available for such purpose from any other source.
r
"Section 2. In order to raise the money required to finance the
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MINUTES OF ~iEETING, SEPTEMBER 5, 1972 - 9:00 A. M. (CONTINUED)
BOND ISSUE - r,AFE FEAR TECHIJICAL INSTITUTE (CONTINUED) -
erection, enlargement and equipment of a building or buildings in New Hanover
County for use by Cape Fear Technical Institute, includin~ the acquisition
of the necessary land or rights-in-land, bonds of New Hanover County are here-
by authorized and shall be issue pursuant to the County Finance Act of North
Carolina. The maximum aggregate principal amount of said bonds authorized by
this bond order shall be Three Million Six Hundred Seventy Five Thousand
Dollars ($3,6~5,000).
"Section 3. A tax sufficient to pay the principal of and interest
oa said bonds when due shall be annuall~ levied and collected.
"Section 4. A statement of the County debt of New-Hanover County has
been filed with the Clerk o£ the Board of Commissioners of said County and is
open to public inspection.
"Section 5. This bond order shall take effect when approved bg the
voters of the county at an election as provided in the aforementioned Act."
Mr. Marks moved, seconded by Mr. Oxenfeld, that the £ollowing resolution be adopted
setting Public Hearing on September 18, 1972 at 10:00 A.M, in the Commissioners' Building:
"Wf~REAS, a bond order entitled "Bond Order Authorizing the Issuance
of ~3,575,000 Technical Institute Bonds of New Aanover County," has been introduced
at the meeting of the Board of Commissioners held on September 5, 19~2, and
the Board o£ Commissioners desires to provide for the holding of a public
hearing thereon as required by the County Finance Act; now, THEREFORE,
"BE IT RESOZVED, by the Board of Commissioners of New Hanover Count~,
as follows:
"(1) The public hearing upon said bond order shall be held on the
18th day of September, 1972, at 10:00 o'clock A.M., at the regular meeting
room of the Board of Commissioners at the Commissioners Bldg. in Wilmington,
North Carolina.
"(2) The Clerk of the Board o£ Commissioners is hereby directed to
cause a copy of such bond order to be published with a notice of such hearing
in the form prescribed by law, in the Wilmington Morning Star, a newspaper
published in Wilmington, in New Aanover County, North Carolina, at least ten
days prior to such public hearing.
"(3) The County Auditor is hereby requested to file with the Clerk
of the Board of Commissioners, at least ten days prior to such public hearing,
a statement of the debt incurred or to be incurred by the Count~ for other
th~n school purposes, in the form prescribed by the County Finance Act."
Mr. Marks moved, seconded by Mr. ~enfeld, that the following resolution be ado~ted
to apply to the Local Government Commission for approval o£ the issuance of the Technical
Institute Bonds: _
"WF~REAB, New Hanover County intends to apply to the Local Govern-
ment Commission for approval o£ the issuance of the $3,675,000 Technical
Institute Bonds authorized by the bond order introduced at a meeting of the
Board of Commissioners held on September 5, 19~2; NOW THEREFORE,
"BE IT RESOLUED as follows:
"(1) The Chairman and Clerk of the Board of Commissioners are
hereby authorized and directed to £ile iaith the Zocal Government Commis-
sion of North Carolina an application for its approval of said bonds, on
a form prescribed by said Commission and to state in such application
such facts and to attach thereto such exhibits regarding such bonds and
the financial condition of the County as may be required by said Commis-
sion.
"(2) The Clerk of the Board of Commissioners is hereby author-
ized and directed to cause notice of intention to £ile such application,
containing the information required by law to appear in such notice, to
be published in the Wilmington Morning Star, a newspaper published in
Wilmin~ton, in New Hanover County, North Carolina, on September 7, 19'72
and September 14, 19~2."
Those voting for the resolution v~ere Messrs. H. A. Marks, J. M. Hall, Jr., John Oxen-
feld, Berry A. Williams, Meares Harriss, Jr. No one voted against it."
ORDINANCE AMENDING ZONING MAP OR ZONING AREA ~#8 -
At the last meeting the County Commissioners approved rezoning request of Mr. Win£ield
Smith, Jr. of the following described tract of land from the present R-15 Single Family
Residential District Classi£ication to B-1 Business District Classification:
"Beginning at an iron pipe in the eastern line of N. C. Highway 132
(200 feet in width) where the same is intersected by the eastern line of
the tract described in a deed to Clyde C. Smith dated January 26, ig51
and recorded in Book 452 at Page 299 of the New Aanover County Registr9,
said line also being the western line of a tract conveyed to H. Winfield
Smith by deed dated Aug~st 6, 1948 in Book 419 at Page 22 of said Registry;
running thence north 30 13' east with said line 860.45 feet to a point
in the southern line of the state road that leads from U. S. Highway. 117
to the Blue Clay Road, said point being a common corner of the afore-
mentioned Smith tracts; thence south 59~4~' east with the southern line o£
said state road 800 feet, more or less, to a concrete monument marked
"R/W" near the intersection o£ said state road with N. C. Highway 132;
thence south 6'7°19' west with a State's right-o£-way line 115.3 feet to a
concrete monument marked "R/W" in the eastern line of N.C. fiighway 132;
thence southwardly with said line of said highway as it•curves to the
ri ht (about 11 0 feet) to the end o£ said curve"• thence south 12°49'
east 2$.5 feet ~o the point of BEGINNING, the same containin~ 8.~9 acres
2~.'~~
MINUTES OF MEETING, SEPTEMBER 5, 1972 CCONTINtT~D)
ORDINANCE AMENDING 7ANING MAP OF ZONING AREA #8 (CONTINUED) -
and being the portion of the aforementioned Clyde C. Smith Tract lying and
being on the eastern side of N. C. Highway 132."
Mr. Oxenfeld moved, seconded by P1r. Hall, ordinance be adopted and the Commissioners
authorized to sign. Motion carried unanimously.
BID OPENING - UNIFORMS. SHERIFF'S DEPARTMENT -
Two bids were received and opened:
1. The Fechheimer Bros. Co., Cincinnati, Ohio
Bid Bond Check in amount of $450 was received
Total cost of each uniform amounted to $12'7.40
2. The Hub Uni£orm Company, Charlotte, N. C.
Bid Bond Check in amount of $282.50 vaas received
Total cost of each uniform amounted to $113.00
Mr. Marks moved, seconded by Mr. Oxen£eld, bids be re£erred to the County Manager and
the Sheriff for review and bid be awarded to the lowest bidder meetin6 specifications.
Motion carried unanimously.
BID ~rr.ivING - VOTING MACnliv~,S -
Only one bid was received from the Computer Elections Systems, Atlanta, Ga. in amount
of Sb19'75 per machine or ~9875 for the £ive. 5% bid bond check was received. Mr. Marks
moved, seconded by Mr. Hall, bid be re£erred to the County Manager, County Attorney and
Mr. Bill McEachern for study as soon as possible in order that the machines may be order-
ed in time for the November General Election. Motion carried unanimously.
ADJOURNPIENT -
There being no: further business to come before the Board, Mr. Hall moved, seconded
by Mr. Williams, that the meeting adjourn. Motion carried unanimously.
Respectflzlly submitted,
Hazel Savage
Clerk to the Board
hs/mw
MINUTES OF PIEETING, SEPTEMBER 18, 1972 - 9~00 ~.M.
ASSEMBI,Y -
The regular semi-monthly meeting of the Neoa Hanover County Commissioners was held on
the above date and time in the Commission Buildin~ with the £ollowing present: Chairman
Meares Harriss, Jr., Vice-Chairman Berry A. Williams, County Mana~er Laurence 0. Bo~aden;
Commissioners J. M. Hall, Jr., H. A. Marks, County Attorney James C. Fox; and Hazel
Savage, Clerk to the Board. Mr. Oxenfeld ~aas absent.
INVOCATION -
Chairman Harriss called the meeting to order and in the absence of the scheduled
minister asked Commissioner Hall to give the invocation.
APPROVAI~ OF MINUTES - REGULAR MEETINGt SEPTEMBER 5. 1972 -
Mr. Ha31 moved, seconded by Mr. 4lilliams, minutes be approved as written, including
the addendum. Motion carried unanimously.
INTRODUCTION OF MR. ROBERT DUNN. WILMINGTON HUMAN RELATIONS DIRECTOR -
County Manager Laurence 0. Bowden introduced P'1r. Robert Dunn, Wilmin~ton Human
Relations Director, to the Board of Commissioners. Chairman Harriss r~elcomed Mr. ITunn
to the community and stated the Board would be ~lad to give any assistance that it can
in connection o~ith his oaork and encouraged the fullest cooperation of every one with Mr.
I1unn. Mr. Dunn invited anyone who had a problem or who wished to chat to call him at
his oYfice.
COMPLAINT BY MRS. HARVEY CUMBER AGkINST CLERK OF SUPERIOR COURT. MR. JAMES Mc~ITHAN -
Mrs. Harvey Cumber appeared before the Board seeking assistance in having deeds
to property ~.~hich she owns returned to her by the Clerk of Superior Court. She stated
the deeds are being held b~ Ni'r. James McKeithan as bond for her son. Her son is in
prison and has been for approximately eight or nine months. During this time she stated
she had on several occasions requested Mr. McKeithan to return the deeds, and each time
Mr. Mcgeithan told her he would mail them to her. Prior to her £urnishing the deeds,
she posted $10,000 in cash on which Mr. McKeithan advised her she would receive interest.
He returned the 9b10,000 but did not pay her interest. Mrs. Cumber requested the Commis-
sioners' assistance in collectin~ the $250 whi~h she feels she is entitled to as interest.
Chairman Harriss advised Mrs. Cumber the County has no jurisdiction over the Clerk
of Court; this office is now part of the State Court System. Mr. Harriss stated, with
the consent of the other Commissioners, he was asking Mr. Bowden to look into the matter
and write Mr. McKeithan a letter, which he will sign, setting forth the facts as they
appeared and ask that this matter be attended to promptly. Copy of the letter will be
sent to the Honorable L. Bradford Tillery, Chief Resident Superior Court Judge. Mr. Marks
requested copy be sent to Mr. Bert Montague, Administrative Officer in Raleigh.
Mr. Williams stated he concurred. Mr. Harriss requested Mrs. Cumber £urnish Mr.
Bowden necessary information with regard to dates, etc.