1974-01-21 Regular Meeting~ )~
MINUTES OF REGULAR MEETING, JANUARY 21, 1974
ASSEMBLY
The New Hanover County Board of Commissioners met in regular session on Monday,
January 21, 1974, at 9:00-AM in the Assembly Room, County Commission Building, Wilmingon,
North Carolina.
Members,present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman W. Douglas Powe11; County Attorney, James C. Fox; County
Manager, Dan ~T. Eller; and Clerk to the Board, Lise K. King.
Chairman Powell called the meeting to order.
Rev. R. H. Kelly of the Gibson Avenue Baptist Church offered the invocation.
APPI'~OVAL OF MINUTES: REGULAR MEETING, JANUARY 7, 1974
Comm. Wright requested that on Page 549, under Request of 5urveyorsfar Unified
Subdivision Ordinance, the record show that the Commissioners had previously gone on
record in favor of a unified subdivision ordinance and that this was merely a reaffirma-
tion of their support.
Comm. Wright requested that on Page 552, under Transfer of Funds - Court of Justice
Fund, that the record be corrected to state that "Comm. Wright reported that she betievea
this had merely been an oversight" rather than "Comm. Wright reported that this had
merely been an oversight."
Comm. Wright requested that on Page 555, under Discussion of Personnel Plan, that
the record show her reasons for voting "noe" on the motion were because she telt that
the Personnel Policy should be amended to remove the requirement that jobs be restudied
every two years or, if this were needed, that it be done by the County Manager on a
stretched out basis and not all at once.
Comm. Davis requested that on Page 551, under the last Public Hearing after
Comm. Vaughan's comments, that the record show that the other four Commissioners had
supported this request because of the harm that could be done to an existing business,
possibly ruining a business that was there by doing away with a much needed drug store.
Upon motion by Comm. Wright, seconded by Comm. Hall, the minutes of the regular
meeting held on .Tanuary 7, 1974, were unanimously approved as amended.
RESOLUTION EXPRESSING APPRECIATION TO THE WILMINGTON AND WRIGhTSVILLE BEACH
DETACHMENTS OF THE UNITED STATES COAST GUARD
The following resolution, which had been approved by the Commissioners at their
meeting of December 17, 1973, was presented framed to Chief Milton Herring of the.
Wrightsville Beach detachment of the United States Coast Guard and to Commander Jack Howell,
Captain of the Port.
WHEP~E~~S, for several years, there has been stationed at Wilmington and at Wrightsville
Beach detachments of the 5th District of the United States Coast Guard, and
tdIIEP.EAS, the officers and personnel of said Stations have from time to time responded
to requests for assistance from persons in distress on the seas and waterways surrounding
New Hanover County, and have carried out in an exemplary manner activities of the office
of the Captain of the Port, and
WHEREAS, the services provided by these Stations have often been performed at great
discomfort and peril to the officers and personnel of said Stations, and
WHEREAS, the officers of these Stations have always performed their duties merito-
riously and with dispatch, and
WHEREAS, the citizens of New Hanover County have benefited greatly by the efforts
of the Coast Guard Stations,
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Co~issioners
that the officers and personnel of the Wrightsville Beach and Wilmington Stations of the
5th District of the United States Coast Guard are hereby commended for their dedication
and proficiency and for the high level of service which they have consistently provided
to the citizens of the area.
Done this 21st day of January, 1974, in Wilmington, New Hanover County, North Carolina.
DISCUSSION OF AMENDMENT TO THE ZONING ORDINANCE TO REQUIRE BUFFER AREAS IN 0&I ZONES
Comm. Vaughan had requested that the Board discuss the possibility ot amending the
Zoning Ordinance to require buffer areas in 0&I Zones.
By common consent, this item was referred to County Attorney Fox and Planning Director
Fender to be discussed with appropriate persons at the Institute of Government and to
make a recommendation to the Board.
PUBLIC HEARING
Chm. Powe11 opened the Public Hearing to discussion.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY AT THE NORTHEAST INTERSECTION
OF OLEANDER DRIVE AND S15T STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE &
INSTITUTIONAL DISTRICT) IN ZONING AREA ~~98.
Planning Director, Richard A. Fender, stated that the Planning Commission had heard
this request at their meeting of January 9, 1974, and had recommended that this request
be approved.
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MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
PUBLIC HEARING (CONTINUED)
The Petitioner was not at the meeting.to present this rezoning request.
Comm. Davis expressed concern that, if the property were rezoned to 0&I, all the
pine trees on the property would be cut down, the property would be paved, and commer-
cialization would begin creeping down Oleander Drive.
Comm. Wright moved that this request be denied. Motion died for lack of a second.
Comm. Davis moved, seconded by Comm. Vaughan, that this item be tabled until
February 4, 1974. Upon vote, motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
TO THE WEST OF EASTWOOD ROAD (U.S. HWY. 74) BETWEEN CARDINAL DRIVE AND U.S. HWY. 17 FOR
WAREHOUSE AND DISTRIBUTION FACILITIES IN ZONING AREA ~~9B.
Planning Director, Richard A. Fender, stated that the Planning Commission had heard
this request at their meeting of January 9, 1974, and had recommended that this Special
Use Permit be issued subject to the following:
1) That adequate access be provided to the property and that it be approved by the
State Highway Commission; and,
2) That a driveway permit be obtained from the State Highway Commission prior to
construction of the storage and distribution facility.
Mr. Fender stated that, since the Planning Commission's meeting, the Planning Depart-
ment had been advised by the State Highway Commission that Vision Drive was not a part of
the State System and they, therefore, had no jurisdiction concerning driveway permits
on this road. Based on this additional information, the Planning Department recommended
the stipulations to read as follows:
1) Proposed plans for access to property must be approved by the County Engineer
prior to any warehouse or distribution activities or operations; and,
2) Access to property be provided prior to any warehouse or distribution activities
or operations.
Mr. Mal Murray of Harbour Associates appeared before the Board to ask their approval
of this Special Use Permit.
Chm. Powell asked if there were anyone present to oppose the issuance of this Special
Use Permit, and no one spoke in opposition.
After the Commission had considered the following four items and found them to be
facts, (a) that the use would not materially endanger the public health or safety if
located where proposed and developed according to the plan as submitted and approved;
(b) that the use met all required conditions and specifications; (c) that the use would
not substantially injure the value of adjoining or abutting property or the use was a
public necessity; and, (d) that the location and character of the use, if developed
according to the plan as submitted and approved, would be in harmony with the area in
which it was to be located and in general conformity with the plan of development for
New Hanover County, Comm. Wright moved, seconded by Comm. Hall, that this Special Use
Permit be issued subject to the same stipulations as recommended by the Planning Depart-
ment. Upon vote, motion carried as follows: ~
Voting Aye: Comm. Davis, Hall, Wright and Chm. Powell.
Voting Noe: Comm: Vaughan.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
ON THE NORTH SIDE OF WRIGHTSVILLE Avnivu~ BETWEEN 49TH STREET AND DIXIE AVENUE FOR A CHURCH
ADDITION IN ZONING AREA ~p9B AND TO USE PROPERTY NORTA OF RAINBOW DRIVE FOR PARKING.
Planning Director, Richard A. Fender, stated that the Planning Commission had heard
this request at their meeting of January 9, 1974, and had recommended that this Special Use
Permit be issued subject to the following:
1) That the perimeter of the parking area north of Rainbow Drive be delineated,
except for access points, by a fence or some other acceptable barrier to be such that
a vehicle cannot cross or pass through it;
2) That appropriate markers be installed indicating the direction of one-way aisles;
and, '
3) That parking spaces be delineated by the use of creosoted poles or a comparable
semi-permanent device - the system shall be such that each individual parking space is
indicated as required by Section 80, Item 2, of the New Hanover County Zoning Ordinance.
Comm. Wright objected to the church being put to the expense of marking parking
spaces and putting poles down and stated that this would also ruin the appearance of the
property.
Mr. Wayne D. Barkley, Pastor of the First Assembly of God, appeared before the Board
to request issuance of this Special Use Permit.
Chm. Powell asked if there were anyone present to oppose the issuance of this Special
Use Permit, and no one spoke in opposition.
5~9
MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
PUBLIC HEARING (CONTINUED)
After the Commission had considered the following four items and found them to,
be facts: (a) that the use would not materially endanger the public healty or safety
if located where proposed and developed according to the plan as submitted and approved;
(b) that the use met all required conditions and specifications; (c) that the use
would not substantially injure the value of adjoining or abutting property or the
use was a public necessity; and, (d) that the location and character of the use, if
developed according to the plan as submitted and approved would be in harmony with
the area in which it was to be located and in general conformity with the plan of
development for New Hanover County, Chm. Powell moved, seconded by Comm. Wright, that
the Special Use Permit be issued without the stipulations as to marking parking spaces
and providing creosoted poles.
Planning Director Fender stated that the marking of parking spaces would be
required by the New Hanover County Zoning Ordinance and what was believed to be the
most economical method of complying with this section of the Ordinance had been chosen.
Comm. Vaughan offered the substitute motion, seconded by Comm. Hall, that the
Special Use Permit be issued subject to the same stipulations as recommended by the
Planning Commission. Upon vote, motion carried as follows:
Voting Aye: Comm. Hall, Vaughan and Chm. Powell.
Voting Noe: Comm. Davis and Wright.
Comm. Davis stated, for the record, that he thought that some of the stipulations
were an undue intrusion and additional expense on churches and objec,ted to it.
Comm. Wright moved, seconded by Comm. Davis, that the Commission a~cPlanning
Director Fender to make a recommendation to the Board to change this portion of the
Zoning Ordinance so that when it downgraded the appearance of the property, it would
not be required. Upon vote, motion carried unanimously.
Mr. Barkley stated that the residents of Rainbow Drive had petitioned the State
Highway Commission to take Rainbow Drive over for maintenance but had been unsuccessful
and requested the Commission to aid in this request.
PRESENTATION OF UNITED WAY'S STUDY CONCERNING YOUTH RECREATION
Mr. Luther D. Dunn, Chairman, PLanning Division, Cape Fear Area Uni.ted Way, presented
the United Way's study and recommendations concerning youth recreation and leisure-time
services.
His report, as presented on slides to the Board, is contained in Exhibit Book 1,
Page 30.
Air. Dunn requested that one or two of the Commissioners be appointed to meet with
the group.
Chn. Powell asked Mr. Dunn to keep the Board informed of the group's progress and,
if input were needed from the Board, someone would be appointed to meet with them.
DISCUSSION OF ESTABLISHING SEPARATE BOARDS TO HEAR REZONING REpUESTS
Comm. Vaughan proposed that the Planning Commission be separated, with the County
Board hearing requests in the County and the City Board hearing requests in the City,
but with a joint planning staff continued. He stated that he would like to discuss
this with the City at a joint meeting.
Chm. Powell suggested that Comm. Vaughan introduce this for discussion at 'bhe
meeting to be held with the City of Wilmington on Tuesday, January 22, 1974.
POLICY REGARDING ABSENCES FROM THE PLANNING COMMISSION MEETINGS
Comm. Wright moved that the gentleman who had been notitied regarding his absences
be asked to resign since he had not replied to Chm. Powell's letter and had not been
present more than two or three times in the past year at the Planning Commission meetings.
Motion died for lack of a second.
Chm. Powell moved, seconded by Comm. Vaughan, that any of the County's appointees
to the Planning Commission who miss three consecutive meetings without a reasonable
excuse be requested to resign. Upon vote, motion carried unanimously.
By common consent, the Chairman was asked to notify the Wilmington City Council
of this action with regard to attendance at Planning Commission meetings.
By common consent, the Chairman was asked to co~nunicate by telephone with the
member of the Planning Commission who had missed so many meetings.
CLASSIFICATION OF PREVIOUSLY UNCLASSIFIED EMPLOYEES IN THE AGRICULTURAL EXTENSION OFFICE
County Manager Eller recommended that the employees at the Agricultural Extension
Office not covered by the classification for North Carolina State University be classi-
fied under the County classification and pay plan as follows:
1) Rufus Bannister be classified as an Housekeeping Assistant, salary range 48,
step 'L; annual salary $4,428.
2) Chrystabelle B. Brown be classified as a Clerk I; salary range 50, step 5;
annual salary $5,484.
3) Mildred K. Brown be classified as a C1erk III; salary range 55, step 1; annual
salary $5,736.
4) Rose Lee Watters be classified as an Administrative Assistant; salary range 62,
step 1; annual salary $7,884.
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MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
CLASSIFICATION OF PREVIOUSLY UNCLASSIFIED EMPLOYEES IN THE AGRICULTURAL EXTENSION OFFICE (CONT.)
Mr. Durwood D. Baggett, County Extension Chairman, appeared betore the Board and
requested that County Manager Eller's recommendations be approved. '
Comm: Davis moved, seconded by Comm. Wright, that the classification of previously
unclassified employees in the Agricultural Extension Office be handled as recommended
by the County Manager effective February 1, 1974.
Comm. Wright moved that the requirement in the Personnel Plan to restudy jobs every
two years be removed from the Plan. The Chair ruled that the discussion be confined to
the agenda item on the floor.
Comm. Hall offered a'substitute motion, seconded by Chm. Powell, that these classi-
fications be approved as recommended by the County Manager retroactive to July 1, 1973,
because it had been his understanding that, when these positions were properly classified,
these classifications would be retroactive to the date the budget had been adopted if
the employee had been on the payroll at that time.
Comm. Vaughan offered a substitute motion to the suhstitute motion that the first
three persons listed be classified as recommended effective January 1, 1974, and that the
fourth person be acted on independently. Motion died for lack of a second.
Upon vote, Comm. Hall's substitute motion was defeated as follows:
Voting Aye: Comm. Hall and Chm. Powell.
Voting Noe: Comm. Davis, Vaughan and Wright.
Upon vote, Comm. Davis' original motion was approved unanimously.
Comm. Vaughan stated, for the record, that he had voted "aye" on this motion so as
not to vote against the first three persons.
DISCUSSION OF LEASH ORDINANCE FOR NEW HANOVER COUNTY
Kathryn Nemeth was to address the Commissioners requesting a leash ordinance for
New Hanover County.
County Manager Eller reported that she had been contacted and would be unable to
attend the meeting.
By common consent, discussion of this item was deferred to the meeting of February 4,
1974, at which time Mrs. Nemeth would be present.
REQUEST FROM AIRPORT COMMISSION FOR ADOPTION OF ORDINANCE WHICH, IN EFFECT, WOULD
MAKE A VIOLATION OF ANY AIRPORT RULES AND REGULATIONS A MISDEMEANOR
At the request ot the Airport Commission, County Attorney Fox had prepared an ordinance
which, in effect, would make a violation of any Airport rules and regulations a misdemeanor.
Comm. Vaughan moved, seconded by Chm. Powell, that the necessary steps be taken.
Comm. Wright stated that her basic feeling was that the Commission should not give
this type law-making power to an appointed group unless there were some kind of stipulation
that they had to go through procedures of advertising and things of that sort.
County Attorney Fox re'quested that this item be discussed in executive session.
Comm. Vaughan withdrew his motion.
By common consent, this discussion was deferred to executive session.
SCHOOL PENSIONS
At the Commission meeting of January 7, 1974, Comm. Vaughan had requested County
Manager Eller to investigate the extent to which other retirement benefits were deducted
from the benefits paid from the local pension fund for school teachers.
By common consent, this item was deferred until the meeting of February 4, 1974, at
County Manager Eller's request to allow additional time for the preparation of a report.
GRANT OF EASEMENT TO CP&L FOR NEW PUBLIC HEALTH BUILDING
In order for Carolina Power & Light Company to run the service line to the pad-mounted
transformer for the new Public Health Building, County Manager Eller reported that they
had to secure an easement from the County. He stated that Dr. Joseph C. Knox, Health
Director, had reviewed the request and indicated his approval.
Upon motion by Comm. Vaughan, seconded by Comm. Wright, Chm. Powell was unanimously
authorized to sign the easement.
DISCUSSION OF PUBLIC HEARING - MOTORIZED VEHICLES ON BEACHES
County Attorney Fox recommended that, since an ordinance regarding prohibiting
motorized vehicles from unincorporated beaches south of Carolina Beach to the monument
at Fort Fisher could not be adopted until February, the public hearing be held at the
second meeting in February.
Co~n. Vaughan moved, seconded by Chm. Powell, that the Commission rescind its action
of December 17, 1973, which set the public hearing for January 21, 1974, and reset the
public hearing for February 18, 1974. Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
DISCUSSION OF REIMBURSEMEIVT TO CITY OF WILMINGTON FOR TRANSPORATION OF MENTALLY ILL
County Manager Eller reported that the County was required to pay the cost ot
conveying mentally ill, mentally retarded, or inebriated persons to the hospitals
in other Counties and that he had received a statement from the Wilmington Police
Department in the amount of $1,201.81 to cover the cost of twenty trips made by them
in September through December, 1973, transporting patients to Cherry Hospital. No
funds had been budgeted for this purpose.
In order to provide payment to the City of Wilmington, the Commissioners were
requested to amend the budget by appropriating to the General Fund Revenue Account
~kll 380 00, Sale of Fixed Assets, $1,202 and increasing the Expenditure Account
~~11 510 14, Travel, in the Sheriff's Department by $1,202.
Comm. Vaughan moved, seconded by Comm. Davis, the following:
1) That the budget be amended as recommended in order to provide payment to the
City of Wilmington for the transportation of inentally i11;
2) That the Sheriff shall take care of a11 of this transportation in the future;
and,
3) That the County Manager take the necessary action to see that the County was
protected financially (i.e., contact the Mental Health Center to see that
monies would be collected for this transportation from those who were able
to afford it.)
Comm. Hall offered a substitute motion, seconded by Comm. Wright, that no action
be taken on this matter in that funds had not been budgeted for this purpose and
that this transportation had not been authorized by the County Commission. Upon vote,
substitute motion was approved as follows:
Voting Aye: Comm. Hall, Wright and Chm. Powell.
Voting Noe: Comm. Davis and Vaughan.
NEW HANOVER COUNTY SHERIFF'S DEPARTMENT TRAINING AND RECREATIONAL FACILITY
County Manager ~.11er reporteu Lnatthe S eri f s Department ad constructed a
building of approximately 2,800 square feet on property owned by the County to be
utilized as a training facility for the Sheriff's.Department as the firing range was
adjacent thereto.
Mr. Eller stated that no public funds had been used in the construction of this
building; however, since it was situated on public property, he and Sheriff Grohman
felt that there should be a formal agreement as to the use of this building and a
clear statement relative to the County's responsiblity for the building.
Comm. Vaughan moved, seconded by Comm. Davis, that the Commissioners advise the
Sheriff's Department that it considered the pistol range and recreational facility
under the administrative control of the Sheriff's Department. Upon vote, motion carried
unanimously.
By common consent, Sheriff Grohman was asked to continue the payment of utilities
for this facility from private funds for the remainder of FY 73-74 and place this item
in his budget requests for FY 74-75.
County Manager Eller was asked to check with the Wilmington-New Hanover County
Insurance Advisory Committee with regard to the County's liability should officers
of other law enforcement agencies suffer injury while using the pistol range or
building.
LETTERS TO LEGISLATORS
Conun. Wright moved, seconded by Chm. Powell, that the Chairman be authorized
to write the legislators regarding the provision of G.S. 122-42 that required the
County to pay for transportation by another agency, the intention being to let them
know that the Commission did not feel that the bill was worded very well. Upon vote,
motion carried as follows:
Voting Aye: Comm. Hall, Wright and Chm. Powell.
Voting Noe: Comm. Davis and Vaughan.
Comm. Wright moved, seconded by Comm. Davis, that the Chairman be authorized to
write the legislators expressing the Commission's concern again this year, as they
did last year, that the State should pay cost of keeping prisoners while they were
awaiting hearing of an appeal. Upon vote, motion carried unanimously.
REPORT OF COLLECTOR OF REVENUE
Upon motion by Comm. Davis, seconded by Comm. Wright, the Report of the Collector
of Revenue, Janie B. Straughn, for New Hanover County Tax Collections through
December 31, 1973, was unanimously accepted. This report is contained in Exhibit Book 1,
Page 31.
AUTHORIZATION TO SELL LOT 17, BLOCK A, PINEHURST SUTSDIVISION, COLWELL STREET
Tax Administrator Larry roweii appearea oe=ore rhe Board to request authorization
to advertise for sale Lot 17, Block A, Pinehurst Subdivision, Colwell Street. He
stated that he had received an offer to purchase this property for $700.
This property had been acquired through a tax foreclosure sale in 1956 at a
total cost of $289.15. The City of Wilmington had 93% interest in the property and
the County had 7%. The lot was 33 feet wide and 110 feet deep.
Upon motion by Comm. Vaughan, seconded by Comm. Davis, Tax Administrator Powell
was unanimously authorized to advertise this piece of property for sale.
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MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
AUTHORIZATION TO SELL LOT 17, BLOCK A, PINEHURST SUBDIVISION (CONTINUED)
Tax Administrator Powell was requested in the future to turnish a drawing or rough
sketch of such property.
EXTENSION OF TIME FOR LISTING 1974 TAXES
Tax Administrator Larry Powe11 presented the following firms that had requested
additional time for listing 1974 taxes. He stated that the extension, if granted,
could not extend beyond March 31, 1974, and the firms had been so notified.
Shell Oil Company
The Minute Shop
Johnson Stores, Inc.
Sun Oil Company
Crown Central Petroleum Corp.
Airport Electric Company
Ramada Inns, Inc.
The B. F. Goodrich Co.
Forest Hills Apartments
Miles Shoes Meldisco
Star-News Newspapers, Inc. (1003 So. 17th St.)
Star-News Newspapers, Inc. (Dawson Street Exxon)
Jackson & Bell Co.
International Imports, LTD.
P & P Corporation
E~on Company, U. S. A.
E. I. DuPont
Xerox Corporation
Amoco Oil Company
Capital Reserve Financial Corp.
Graybar Electric Co., Inc.
Gulf Oil Company
Hertz Corporation
Marine Service Company
Property Tax Service Company
6150 Rockower Corporation
Union Carbide Corporation
Georgia-Pacific Corporation
Chm. Powe11 moved, seconded by Comm. Hall, that the extensions as requested be approved.
Upon vote, motion carried unanimously.
Tax Administrator Powell stated that he anticipated receiving more requests for
extensions before January 31, 1974, and, as the Commission would not meet again until
February 4, asked how he should handle these requests.
Comm. Hall moved, seconded by Chm. Powell, that the Commission authorize the
Tax Administrator to grant these extensions upon request. Upon vote, motion carried
as follows:
Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell.
Voting Nbe: Comm. Wright.
County Attorney Fox stated that this authority could not be delegated, that these
extensions would have to be approved by the Commission and entered into the minutes.
Chm. Powell moved, seconded by Comm. Vaughan, that the action authorizing the Tax
Administrator to grant these extensions be rescinded. Upon vote, motion carried unan-
imouslq.
ABATEMENTS AND REFUNDS
Upon motion by Comm. Hall, seconded by Comm. Vaughan, the requests for abatements
and refunds as set forth in Tax Administrator Powell's memorandum dated January 15, 1974,
were unanimously approved. This memorandum is set forth in Exhibit Book 1, Page 32.
DISCUSSION OF TAX PREPAYMENTS
By common consent, a discussion of eliminating discounts for tax prepayments and
establishing a policy that no prepayments would be accepted until June 1 of each year
was deferred in order to give City Manager, John A. Jones, an opportunity to present
this to the Wilmington City Council.
LUNCH RECESS
Chm. Powell recessed the meeting for lunch from 12:10 PM to 12:40 PM.
TRANSFER OF FUNDS - GOVERNING BODY
The County Manager and C1erk to the Board requested that the sum of $73 be trans-
ferred from Telephone & Postage, Account ~kll 420 11, in the Administrative budget to
Dues & Subscriptions, Account ~{11 410 53, in the Governing Body budget.
This transfer was requested because several subscriptions had not been anticipated
at budget time.
This transfer would bring the total amount appropriated to $3,561 in Dues &
Subscriptions.
Comm. Davis moved, seconded by Chm. Powell, that this transfer be approved. Upon
vote, motion carried as follows:
Voting Aye: Comm. Davis, Hall, Wright and Chm. Powell
Absent: Comm. Vaughan.
MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
APPROVAL OF STATEMENT FOR ATTORNEY'S SERVICES IN NEW HOPE DAM LITIGATION
The County Attorney had submitted a statement dated January 10, 1974, in the
amount of $110 for services rendered during the month of December, 1973, concerning
the New Hope Dam litigation.
Chm. Powell moved, seconded by Comm. Davis, that this statement be approved
for payment. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, Hall; Wright and Chm. Powell.
Absent: Comm. Vaughan.
Upon the request of Comm. Wright with regard to financial participation from
the other Counties in the New Hope Dam litigation, Chm. Powe11 reported that the
Cape Fear Council of Governments had appointed a committee to try to develop a formula
to propose to the involved Counties.
Comm. Vaughan returned to the meeting toward the end of this discussion.
DISCUSSION OF RECLASSIFYING THE DEPARTMENT OF SOCIAL SERVICES
A request had been received by the Commission from the New Hanover County Board
of Social Services for reclassification of the Social Services Department from Depart-
ment III to Department IV. This item had been deferred from the meeting of
December 17, 1973.
Comm. Hall moved that the Commission approve the request for change of status
from Department III to Department IV with the understanding that this had no relationship
to salary requirements. P4otion died for lack of a second.
By common consent, County Manager Eller was asked to call the State of North
Carolina Department of Social Services to determine if this new classification would
affect required staffing levels, salaries, or other items that could require increased
local appropriations.
PROPOSAL FOR DISPOSING OF SCRAP TIRES - ARTIFICIAL REEF
The North Carolina Division ot Commercial and Sports Fisheries had been using
a portion of County property behind the dog pound to store scrap tires prior to
binding for use in developing an artificial reef. The Fisheries Division had been
offered a binding machine that they proposed to set up on County property. They
had requested the County to furnish one laborer to assist in this operation. The
State would assign one laborer. It was anticipated that this operation would be
permanent, at least up to a six-year period. The County's participation could be
in the form of paying the State for one laborer or assigning a County employee to
this job.
County Manager Eller recommended that the County reimburse the State for the
salary of one man due to problems of supervision and accountability. He stated that
this arrangement would insure that, should the operation cease, the County would
not have an employee to which it felt obligated to retain on the payroll and also
because two employees working at the same job should have the same supervision, the
same benefits and the same pay.
Comm. Davis moved that the County handle this in the manner recommended by
the County Manager, reimbursing the State for the salary of one man. Motion died
for lack of a second.
Comm. Vaughan stated that, when this had been discussed before, the Commission
had been told they would only have to provide the space.
County I~Ianager Eller stated that, at that time, they had had only one binding
machine which they had proposed to rotate from site to site in the State but, since.
receiving the additional binding machine, they wanted to set it up on a permanent
basis in New Hanover County.
In a brief discussion with regard to the salary of the employee, Comm. Davis
recommended that the tires be accepted at a comparable rate charged to tire dealers
to dump them at the landfill. At lOF per tire, it was estimated that this procedure
would bring in $18,000 per year.
By common consent, this item was deferred for County Manager Eller to.determine
the State's position on collecting a fee at the site for the disposal of these tires.
BOND ORDER AUTHORIZIDTG THE ISSUANCE OF $5,500,000 SCHOOL BONDS OF THE COUNTY
OF NEW HANOVER
Comm. Peter R. Davis introduced the Yollowing bond order which was reaa at
length:
"BOND ORDER AUTHORIZING THE ISSUANCE OF $5,500,000 SCHOOL BONDS
OF THE COUNTY OF NEW HANOVER"
WHEREAS, the Board of Commissioners of the County of New Hanover has received
and considered a resolution from the New Hanover County Board of Education including
a request that the Board of Commissioners provide $5,500,000 to finance additional
school facilities in New Hanover County and submit the question of issuing bonds
to accomplish such financing to the voters of New Hanover County; and
WHEREAS, the Board of Commissioners has determined that existing school
facilities in the County are not adequate for the maintenance of public schools for
the nine months' school term prescribed by law; and
WHEREAS, the Board of Commissioners deems it advisable to make the improvements
hereinafter described; and
~CI ~
~~~~~
MINUTES OF REGULAR MEETING, JANUARY 21, 1974
BOND ORDER AUTHORIZING THE ISSUANCE OF $5,500,000 SCHOOL BONDS
OF THE COUNTY OF NEW HANOVER (CONTINUED)
WHEREAS, an application has been tiled with the Secretary of the Local Government
Commission of North Carolina requesting Commission approval of the bonds hereinafter
described as required by The Local Government Finance Act, and the Secretary of the
Local Government Commission has notified the Board that the application has been accepted
for submission to the Local Government Commission; NOW, THEREFORE,
BE IT ORDERED by the Board of Commissioners of the County of New Hanover as follows:
Section 1. The Board of Commissioners of the County of New Hanover has ascertained
and hereby determines that it is necessary to provide school facilities in New Hanover
County, including the construction of a school building or buildings and the construction
of additions to and the reconstruction, remodeling and renovation of existing school
houses, buildings, plants and other school facilities and including the acquisistion of
land and the acquisition and installation of furnishings and equipment necessary for
such school facilities, in order to enable New Hanover County to maintain public schools
in New Hanover County for the nine months' school term prescribed by law, and to pay the
capital costs of such improvements.
Section 2. In order to raise the money required to pay the capital costs of providing
school facilities in New Hanover County as set forth above, in addition to any funds which
may be made available for such purpose from any other source, bonds of the County of
New Hanover are hereby authorized and shall be issued pursuant to The Local Government
Finance Act of North Carolina. The maximum aggregate principal amount of said bonds
authorized by this bond order shall be $5,500,000.
Section 3. A tax sufficient to pay the principal of and interest on said bonds
when due shall be annually levied and collected.
Section 4. A sworn statement of the County's debt has been filed with the Clerk
of the Board of Commissioners and is open to public inspection.
Section 5. This bond order shall take effect when approved by the voters of the
County of New Hanover at a referendum.
Comm. Peter R. Davis moved that the following resolution be adopted:
WHEREAS, a bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $5,500,000
SCHOOL BONDS OF THE COUNTY OF NEW HANOVER", has been introduced at the meeting of the
Board of Commissioners held on January 21, 1974, and the Board desires to provide for
the holding of a public hearing thereon and the submission of a statement of debt in
connection therewith as required by The Local Government Bond Act: NOW, THEREFORE,
BE IT RESOLVED, by the Board of Commissioners of the County of New Hanover as
follows:
(1) The public hearing upon said bond order shall be held on the 4th day of
February, 1974, at 10:00 o'clock A.M., at the Commissioners' Building, in Wilmington,
North Carolina.
(2) The Clerk of the Board of 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 the County of New Hanover,
North Carolina, at least six days prior to such public hearing.
(3) The County's Finance Officer is hereby directed to file with the Clerk of the
Board of Commissioners, prior to publication of the bond order with the notice of such
public hearing, a statement setting forth the debt incurred or to be incurred, the
appraised value of property subject to taxation by the County and the net debt of the
County.
The motion having been seconded by Comm. J. M. Hall, Jr., it was adopted by the
following vote:
AYES: Five
NAYS:' None
Comm. J. M. Hall, Jr., moved that the following resolution be adopted:
WHEREAS, an application has been filed with the Secretary of the Local Government
Commission requesting Commission approval of the bonds hereinbefore described and notice
of intention to make such application was published in the Wilmington Morning Star,
a newspaper published in the County of New Hanover, North Carolina, on December 29, 1973;
NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows:
The action of the Chairman and Clerk of the Board of Commissioners in causing notice
of intention to apply to the Local Government Commission for approval of $5,500,000
School Bonds to be published as hereinbefore set forth and in filing application for
approval of such bonds with the Secretary of the Local Government Commission is hereby
ratified and confirmed.
The motion having been seconded by Comm. Vivian S. Wright it was adopted by the
following vote:
AYES: Five
NAYS: None
~~ ~~
MINUTES OF REGULAR MEETING, JANUARY 21, 1974
$625,000 TECHNICAL INSTITUTE BOND ANTICIPATION NOTES
Comm. J. M. Hall, Jr., presented the tollowing resolution and moved that it be
adopted. '
WHEREAS, the bond order hereinafter described has taken effect and the Board of
Commissioners has issued $625,000 Technical Institute Bond Anticipation Notes dated
April 9, 1973, payable February 6, 1974 to borrow money for the purpose for which
bonds are authorized to be issued by said bond order; and
WHEREAS, the Board of Commissioners desires to renew the foregoing notes and
to borrow additional sums for the purpose for which bonds are authorized to be issued
by said bond order, in anticipation of the receipt of the proceeds of the sale of
said bonds; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as
follows:
(1) The sum of $800,000 will be borrowed by the County of New Hanover in
anticipation of the receipt of the proceeds of the sale of the bonds authorized to
be issued by the bond order entitled "Bond Order authorizing the issuance of $3,675,000
Technical Institute Bonds of New Hanover County", adopted by the Board of Commissioners
on September 18, 1972, for the purpose for which said bonds are authorized to be
issued. Negotiable notes each designated "Technical Institute Bond Anticipation
Note", shall be issued for said sum so borrowed.
(2) Said notes shall be dated February
and shall bear interest from their date at a
centum (10%) per annum. Such interest shall
notes. Each of said notes sha11 be signed b
of Commissioners of said County and the seal
of said notes.
4, 1974, shall be payable August 21, 1974
rate which sha11 not exceed ten per
be payable at the maturity of the said
y the Chairman and Clerk of the Board
of said County shall be affixed to each
(3) The power to fix the rate of interest to be borne by said notes and to
determine the denomination or denominations of the notes and the place of payment
of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners
of said County who are hereby authorized and directed to cause said notes to be
prepared and to execute said notes when they sha11 have been sold by the Local
Government Couunission of North Carolina.
(4) The Chairman and Clerk of the Board of Commissioners are hereby authorized
to make application to the Local Government Commission of North Carolina for its
approval of said notes in the manner prescribed by The Local Government Finance Act.
Said Local Government Commission is hereby requested to se11 the notes in the manner
prescribed by said Act. Said notes, when they shall have been sold by said Commission,
in the manner prescribed by law, and when they shall have been executed in the manner
prescribed by this resolution, shall be turned over to the State Treasurer of the
State of North Carolina for delivery to the purchaser or purchasers to whom they may
be sold by said Commission.
The motion having been duly seconded, and the resolution having been considered,
it was adopted, Messrs. Davis, Ha11, Vaughan, Powell and Mrs. Wright voting for the
resolution and no one voting against it.
PARKING LOT - THIRD & MARKET STREETS
County Manager Eller recommended that, due to the cr.itical parking situation
in the Courthouse parking lot, the Commissioners authorize him to notify persons
presently renting space in the Pearsall Parking Lot recently purchased by the County
on the corner of Third and Market Streets that, effective April 1, 1974, this lot
was to be used for parking by County employees and all leases would be cancelled
as of that date.
Upon motion by Comm. Hall, seconded by Comm. Vaughan, this recommendation was
unanimously approved.
APPROVAL OF A.B.C. BOARD REQUEST FOR GAS AND MAINTENANCE FROM COUNTY GARAGE
The A.B.C. Board had requested that they be allowed to purchase gasoline from
the County for use in vehicles owned by the A.B.C. Board.
The County Engineer had contacted the County's supplier to determine if this
would affect its allocation and had been advised that presently the needs of the County
were being met from his allocations and, insofar as possible, would continue to be
met, including the A.B.C. Board vehicles.
The A.B.C. Board had also requested that County Garage personnel be authorized
to perform maintenance on vehicles owned by the A.B.C. Board.
County Manager Eller stated that, if these requests were approved, the A.B.C.
Board would be billed monthly for gasoline and billed for maintenance service rendered
at the County Garage.
Comm. Wright moved, seconded by Comm. Vaughan, the following:
1) That the A.B.C. Board be allowed to purchase gasoline at the County Garage
for vehicles owned by the A.B.C. Board as long as the County's supplies
held up; this to be left to the discretion of the County Manager; and
2) That the A.B.C. Board be permitted to have these vehicles maintained at
the County Garage provided that this would not mean an increase of personnel
at the Garage and provided that the garage personnel could call vehicles
in for periodic preventive maintenance.
Upon vote, motion carried unanimously.
5~~
MINUTES OF REGULAR MEETING, JANUARY 21, 1974 (CONTINUED)
APPROVAL OF SUBORDINATION OF AID TO THE AGED LIEN - SOCIAL SERVICES
A,.letter dated January 1$, 1974, from Miss Lela Moore Ha11, Secretary to
the New Hanover County.Board of Social Services, had been received stating that they
had approved that the Aid to the Aged Lien in the amount of $12,187 on the property
of Mary H. Fairs, located at 413 North Seventh Street, be subordinated for the purpose
of a loan to protect the County in that the house had been condemned and the fair
market value was $8,300.
The Board of Social Services recommended that the Commission also approve
that the lien be subordinated as Carolina Savings and Loan Association had made a
loan commitment for necessary repairs to satisfy the local housing codes.
Upon motion by Comm. Ha11, seconded by Comm. Wright, subordination of this
lien was unanimously approved.
ACCESS ROAD - SANITARY LANDFILL
Comm. Vaughan stated that he felt the County had a moral obligation to provide
another access to the sanitary landfill, and County Manager Eller stated that he would
investigate the cost of paving the existing unpaved road.
COAST GUARD CUTTER
By common consent, Chm. Powell was asked to write The Honorable Alton A. Lennon
with regard to having a Coast Guard Cutter stationed once again in Wilmington.
AN OPEN LETTER TO CONGRESS:
INCLUDING COUNTIES IN COMMUNITY DEVELOPMENT LEGISLATION
By common consent, Chm. Powell was asked to write Senator He1ms and Ervin and
Congressman Rose expressing the Commissioners' unanimous support of,NACo's position with
regard to including counties in Community Development Legislation as expressed in Countv
News, Volume 6, Number 2, dated January 4, 1974, in "An Open Letter to Congress: Include
Counties in Community Development Legislation.." This "Open Letter to Congress" is con-
tained in Exhibit Book 1, Page 33. ~ ~_
DISCUSSION OF PIT PRIVIES
County Manager E11er reported that County Engineer Epling had been advised not
to issue building permits for pit privies; and if an individual wanted to appeal that,
they could come to the County Commissioners.
DISCUSSION OF ARCHITECT SELECTION FOR PROPOSED JAIL-COURTHOUSE
Comm. Wright moved, seconded by Comm. Vaughan, the tollowing:
1) That the Board interview further the two out-of-town firms recommended ~
by Mr. Roger Clark -- James Stewart Polshek and Associates and Hartman-Cox Architects;
2) That these firms be advised that the Board would desire their associating
with a local firm, and;
3) That the Board would consult with the selected architect with regard to a
1oca1 firm and come to a joint understanding.
Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powell.
Voting Noe: Comm. Ha11.
By common consent, Chm. Powell was asked to call the five local architects and
advise them that one Local firm would be asked to associate with an out-of-town firm.
DISCUSSION OF HUMANE SOCIETY'S ANIMAL SHELTER
Comm. Vaughan reported that he had been assured by Mayor Herbert B. Brand that
he would go before the Wilmington City Council with regard to the sewage problem at the
23rd Street site proposed for the New Hanover County Humane Society's animal shelter.
WASTE DISPOSAL AT AIRPORT
County Manager Eller recommended that the Chairman be authorized to sign the
letter of agreement with the Department of Social Rehabilitation and Control with regard
to the County's request to tap existing six-inch sanitary sewer force main to Wilmington
Sewage Treatment facility in order to take care of the waste disposal at the New Hanover
County Airport.
Upon motion by Comm. Vaughan, seconded by Comm. Hall, the Chairman was unanimously
authorized to sign this agreement, copy of which is contained in Exhibit Book 1, Page 34.
COUNTY MILEAGE
Comm. Davis moved that the County mileage be increased from 10~ a mile to 12~ a
mile. Motion died for lack of a second.
Comm. Wright moved that the Board wait until County Manager Eller came up with
recommendations and information on this. Motion died for lack of a second.
No action was taken by the Board.
EXECUTIVE 5ESSION
Comm. Wright moved, seconded by Comm. Vaughan, that the Chairman recess the
meeting to go into executive session. Upon vote, motion carried unanimously.
Chm. Powell recessed the meeting to go into executive session at 2:00 PM.
ADJOURNMENT
Comm. Ha11 moved, seconded by Comm. Vaughan, that the meeting be adjourned. Upon
vote, motion carried unanimously. Chm. Powell adjourned the meeting at 2:20 PM.
k
Respectfu,`lly submitted,
`li ~Y. /~~~
L~. King
Clerk to the Board