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1974-05-06 Regular Meeting6~~. MINiTTES OF SPDCIAL MEETING, APRIL 29, 19~4 (CONTINUED) REPORT ON VAI~UE OF I,AND AT CAROLIIdA BEACH (CONTIrvu~L~, Chm. Powell ruled that the substitute motion on the floor be aoted on. Comm. Vaughan stated for the record that he questioned the legality of the ruliag by the Chairman, and he requested that the Board overrule the Chairman. Upon vote, request to overrule the Chairman was defeated as follovis: Voting Aye: Comm. Yaughan and Wri~ht. Voting Noe: Comm. De~is, Hall and Chm. Powell. Comm. Vaughan stated for the record that he questioned Mr. Hall's right to vote on that motion since.he had been excused from noting. Comm. Hall stated that he wae not voting on the budget but ooting on the principle oP whether the Chairman had the right to decide what is a rule of order in the absence of Roberts Rules o£ Orders, which he stated that Mr. Yaughan had stated were not present. IIpon vote., substitute motion that Item 2(Land Purchase) be the only item ommitted, sub~ect to Dr. Bellamy's confirming that the appropriation was necessary in order to get the Overpass, was approved as follows: Votin~ Aye: Comm. Danis, Wright and Chm. Powel2 Voting Noe: Comm. Vaughan. Abataining: Comm. Hall. Comm. Hall stated 'Por the record that he would have voted "Aye" had he been allowed to note. Comm. Vaughan stated for the record that he hed voted "Noe" Decause there was no member of the Board of Education present to represent the Board and to give their views on it and because the staff of the school, as far as he was concerned, had demonstrated a lack of diligence in investigating costs as far as capital improvements were concerned. ADJOURNMEN3' Comm. Vaughan moved, seconded by Comm. Wright, that.the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Poaell adjourned the meeting at 9:40 AM. Respectfully submitted, ~`-°~! °~-~'~ Lise K. Bing Clerk to the Board L%S:wh MINUTES OF REGULAR MEETING, MAY 6, 1974 ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, May 6, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman id. Douglas Powell; Attorney Joseph 0. Taylor, Jr., representing County Attorney, James C. Fox; County Manager, Dan W. Eller; and C1erk to the Board, Lise K. King. Chm. Powell called the meeting to order. Rev. D. E. Parkerson offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, APRIL 16, 1974 On Page 619 under Report on Wilmington Police Department Going into Courthouse/ Jail Facility, all of the Commissioners requested that their comments be included in the record. These comments were as follows: Comm. Davis: "Let me ask ya'll_to think about this. Is it not that in a building like this that's going to be built.with.Count"y funds, every- body's paying for.it and this is doub'le taxation?"'~ ~ Comm. Hall, Vaughan & Wright (in unison): "No! No, it's not!" Co~. Ha11: "Your paying for a Police Department is like the Town of Carolina Beach telling us they want us to do them like we do a volunteer fire department." Comm. Davis: "I'm talking about gaying for the building. Let the taxpayers of New Hanover County pay for it one time." ~~~ MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, APRIL 16, 1974 (CONTINUED) Comm. Hall:• "The Wilmington Police Department is something that's brought about by and is the duty of an incorporated town." Comm. Davis: "Do we pay them for the services they provide the Sheriff's . Department right now?" Comm. Hall: "They do not provide the Sheriff's Department. The Sheriff's Department provides the citizens of the City of Wilmington." Chm. Powell: "The Sheriff's Department is on call and is available to serve any citizen of New Hanover County be he a resident of the City of Wilmington or not." Comm. Davis: "I think we've got to be a little more progressive in this." Comm. Vaughan: "You'll give them bus service, Legion Stadium, police department, and everything else." • ~ Comm. Ha11: "You're getting consolidation back on the board, Mr. Davis." End of Comments. Comm. Hall moved, seconded by Comm. Wright, that the minutes of the•regular meeting held on April 16, 1974, be approved as amended. Upon vote, motion carried unanimously. PRESENTATION OF PAINTING OF RED BRICK COURTHOUSE Mr. Ned Violette presented his painting of the original red brick courthouse. Comm. Wright stated that Mr. Violette was associated with the General Electric • Company and that she had seen his painting of the old courthouse at the General Electric Open House and had admired it and that Mr. Violette had offered to donate the painting to the County. • Chm. Powell expressed the Board's appreciation to Mr. Violette. DISCUSSION OF NOTICE OF DELINQUENT TAXES OF MR. LAWRENCE W. CARROLL Mr. Lawrence W. Carroll had requested permission to address the Commissioners con- cerning incorrect advertisement of his delinquent taxes. The notice in the Star News • Newspaper had indicated that Mr. Carroll owed $16.04 and, according to the Tax Office, the amount owed was $1.19. Mr. Carroll was not present at the meeting. Comm. Vaughan stated to Tax Administrator Powell that the errors in the Star News t ran very high and recommended to him that he go to the highest authority to get this sort of thing straightened out; and he also asked Tax Administrator Powell if he had requested an abatement of charges for these errors, and Tax Administrator Powell stated that he had. APPROVAL OF MINUTES FOR THE 1974 BOARD OF E~UALIZATION AND REVIEW Comm. Wright moved, seconded by Comm. Ha11, that the minutes for the 1974 Board of Equalization and Review be approved as presented. Upon vote, motion carried unanimously. These minutes are contained in Exhibit Book 2, Page 1. SALE OF COUNTY AND CITY OWNED PROPERTY Tax Administrator Larry Powe11 requested permission to advertise for sale property located at 716 North 8th Street. He stated that he had been offered $720 for this property and that the total cost of the tax foreclosure sale on April 16,:1973, had been $943.36, and that the County's interest in the property was 32%. Comm. Vaughan moved, seconded by Comm. Davis, that Tax Administrator Powell be permitted to advertise this property for sale in accordance with the Policy for Disposal of County Real Estate. Upon vote, motion carried unanimously. ' DISCUSSION OF PROPERTY SURROUNDING BOWEN'S CHAPEL County Manager Eller reported that Mr. Hampton Sanders, who was a patient in a nursing home, owned approximately 9.6 acres near Bowen's Chapel on Carolina Beach Road.' There was a welfare lien on the property in the amount of $2,349. Mr. Sanders had offered to donate to Bowen's Chapel approximately 2 an acre of the property surrounding the church. Mrs. Li11ie Leonard had requested that the Commissioners release the welfare lien on that portion of the property. County Attorney Fox had advised that the Commissioners were not legally permitted to release a portion of the property as had been requested by Mrs. Leonard. Comm. Hall moved, seconded by Comm. Vaughan, that the church and Mrs. Leonard be informed of the illegality of such a transaction and an explanation be given to them about buying the property. Upon vote, motion carried unanimously. RESOLUTION RELEASING WELFARE LIEN AGAINST PROPERTY OF MURLEEN W. LAMB Comm. Vaughan moved, seconded by Comm. Hall, that the Commission adopt a resolution releasing County claims to the land of Murleen W. Lamb in that this property had been sold and sufficient proceeds received to satisfy the welfare lien on the property. Upon vote, motion carried unanimously. The resolution, as adopted and signed, is contained in Exhibit Book 2, Page 2. MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) DISCUSSION IN CHANGE OF METHOD OF MEETING WITH ARCHITECTS Comm..Wright had requested that this item be placed on the agenda. She stated that when they first started meeting with the architects and consultants she felt it would be helpful to meet individually with them a few times and the first time she thought it was particularly helpful but she was to the point of feeling a little concerned about it because the consultants coming in had strong feelings about what should or should not be done and she just wanted to know what the rest of the Board members were telling them and what they were telling the other Board members. She stated that she felt the Com- missioners ought to be abreast of everything that was going on. She stated that she felt it would be better if they met as a Board whenever they met with them so that all could be aware of what each side said. Comm. Wright moved that the method of ineeting with the architects and consultants be changed from individual meetings to a meeting of the full Commission. Motion died for lack of a second. Comm. Vaughan stated that he felt the individual meetings.were worthwhile and he was not concerned about what the other Commissioners were saying because in the end they would have to make the decisions as a group. Comm. Wright stated that this was correct but the alternatives that would be suggested to the Board might be heavily influenced by what the Board members tell the consultant. She stated that the consultant was a"screaming liberal" and she did not want the other Board members to be brain-washed. She stated that she did not want him pusing his ideas to the Board unless all members were there to know what was being pushed. She stated further that Comm. Vaughan had stated to the consultant that he would lean more heavily on the suggestions of the jail consultant than he would the County's law officers as relating to a jail. She stated that the jail consultant had stated that he had never been in law enforcement work. Comm. Vaughan stated for the record that he did not commit himself to accept the recommendations of the consultant as compared to the County's law people but that he certainly would give the jail consultant full consideration. No action was taken by the Board. TERMINATION OF LEASE AGREEMENT - MR. ALBERT D. COX, JR. County Manager E].ler reported that Mr. Albert D. Cox, Jr., had leased a parcel of land near the Juvenile Services Center from the County to farm. This property was part of the land to be used for the site of the new high school for the northern part of the County. He stated that, while there was apparently no written record of this agreement, it would be appropriate for the Commissioners to take action terminating this agreement. Mr. Cox was not present at the meeting; however, County Manager Eller stated that he had been notified that this item would appear on the agenda. Comm. Davis requested that, by common consent, this item be deferred to the meeting of May 20, 1974. No action was taken on this request. Chm. Powe11 moved, seconded by Comm. Davis, that the Board instruct County Manager Eller to notify P1r. Cox of the Board's intent to use this land and to terminate the agreement on the date of May 20, 1974, and further to refund to Mr..Cox on a pro rata basis any advance payment he had made. Upon vote, motion carried unanimously. Comm. Hall asked that, by common consent, the Board give Mr. .Cox the opportunity to use other property that would not be needed. This was agreed by common consent. PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice of a public hearing had been published in the Wilmington Morning Star on April 20 and 27, 1974, with notice that the Board of Commissioners of New Hanover County would hold a public hearing on Monday, May 6, 1974, at 9:30 AM with regard to the following rezoning request and applications for special use permit. Chm. Powell opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY LOCATED APPROXIMATELY 2,100 FEET SOUTHEAST OF THE INTERSECTION OF' S.R. 1001 AND BLUB CLAY ROAD (S.R..1313) FROM I-2 (INDUSTRIAL DISTRICT) TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING AREA ~~8A. Planning Director Richard,A. Fender stated that the Planning Commission had heard this request at their meeting of April 3, 1974, and had recommended that this request be approved. He stated that the Planning Staff had recommended that this request be denied primarily because of a sma11 piece of property that would remain I-2. Mr. Richard M. Morgan, Attorney at Law, appeared before the Board representing.the petitioner, Mr. Everett Williamson. Chm. Powell asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Davis moved, seconded by Comm. Wright, that this rezoning request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area ~~8A of New Hanover County, North Carolina, Adopted June 19, 1972" be adopted. Upon vote, motion carried unanimously. This ordinance is contained in Zoning Ordinance Book I, Section SA, Page 5. a ~~ ~ G~P ~ ~a a~ MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY APPROXIMATELY 900 FEET NORTHEAST OF THE INTERSECTION OF GREENVILLE LOOP ROAD (S.R. 1421) AND CLEARBROOK DRIVE (S.R. 1583) FOR AN ELECTRICAL SUBSPATION IN ZONING AREA ~~6. PLanning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of April 3, 1974, and had recommended that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted for application for Special Use Permit; 2. That as much as possible of the natural vegetation remain; and, 3. That the area shown on the plan as being fenced be screened by any combination of vegetation and/or fencing to form a solid visual buffer six feet in height. Mr. Daniel L. Brawley, Attorney at Law, appeared before the Board representing the petitioner, Carolina Power & Light Company. Comm. Vaughan stated for the record that he had recently discussed in general conver- sation with leading officials of the Carolina Power & Light Company in Wilmington the screening of this type area, and they were not satisfied with the~job they had been doing and wanted to do a better job for the community and, from what they said, he felt the County would get a great improvement over the past. 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 fact, (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 a11 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. Hall moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. • PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE SOUTHEASTERN INTERSECTION OF U. S. HWY. 74 (EASTWOOD ROAD) AND CARDINAL DRIVE r'OR A CHURCH IN ZONING AREA ~~9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of April 3, 1974, and had recommended that this Special Use Permit be issued based on the plan as submitted for application for Special Use Permit. Mr. John R. Jefferies, Architect for the church, appeared before the Board to represent the church and answer any questions the Commissioners might have. 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 fact, (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 a11 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. Davis moved, seconded by Comm. Wright, that this Special Use Permit be issued based on the same condition as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF ORIOLE DRIVE APPROXIMATELY "L10 F~ET GIEST OF ITS INTERSECTION WITH COLLEGE ACRES DRIVE FOR A CHURCH IN ZONING AREA gp9B. Planning Director Richard A. Fender stated that the Planning Commission had heard this request at their meeting of April 3, 1974, and had recommended that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted for application for Special Use Permit; and, 2. Applicant must provide the Planning Department a copy of the agreement with the Board of Education allowing the applicant to use the teacher parking area in partial satisfaction of the parking requirement. Mr. John R. .Tefferies, Architect for the church, appeared before the Board to repre- sent the church and to answer any questions the Commissioners might have. Chm. Powell asked if there were anyone present to oppose the issuance of this Special Use Permit, and no one spoke in opposition. . 62~ MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) PUBLIC HEARING (CONTINUED) After the Commission had considered the following four items and found them to be fact, (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. Hall moved, seconded by Chm. Powell, that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. Chm. Powell closed the public hearing to discussion. FOOD STAMPS/CASH SECURITY - SOCIAL SERVICES DEPARTMENT At the meeting oY April 16, 1974, the County Commissioners had denied the request of the Social Services Board to hire a guard,to provide security for the food stamps and the cash collected from the sale of food stamps. County Manager Eller reported that Mr. Hardy Wessell and Mr. George,Chadwick of the Insurance Advisory Committee had met with the Social Services Board to discuss the need for security and had recommended that protection be provided on the premises as well as to and from the bank, at least during the first week of each month when large sums of money and food stamps were being handled. They had also recommended the installation of a burglar alarm system, which Mr. Eller stated had been ordered and should be installed shortly. County Manager Eller stated that Miss Lela Moore Hall, Director of the Department of Social Services, had contacted Wachovia Bank & Trust, and the Bank had agreed to pay half of the cost of an armed guard who would be on duty on the premises when there were large sums of money or food stamps on hand and who would accompany the employee in charge of withdrawing stamps and depositing money at the bank. He stated that he had discussed this proposal with Mr. Wessell and Miss Hall, and he recommended to the Board that they approve the use of the ar¢ted guard and permit Social Services to pay half of the cost, which for the remainder of the fiscal year would be $170. He stated that this arrangement would provide even greater ~ecurity than the armored car service and would more completely satisfy the requirements of the insurance company. County Manager Eller stated further that Mr..Wessell and Mr. Chadwick had indicated that there was some urgency in providing necessary security for the first week in May and that, since the Commissioners did not meet until May 6, he had authorized utilizing the service of the armed guard for the first week in May subject to further consideration by the Board. ~ Comm. Davis moved, seconded by Comm. Wright, that this item be tabled until the meeting of May 20, 1974, and that Miss Hall along with a member of her Board be present at that meeting to further explain why using the services provided by Wachovia Bank & Trust Company would not work. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Hall and Vaughan. Comm. Wright moved, seconded by Chm. Powell, that the Board affirm County Manager Eller's action as far as the past week was concerned and that the expenditure of salary for this one week be approved. Upon vote, motion carried unanimously. APPOINTMENT OF MR. PAUL FOSTER TO RC&D PROJECT Upon motion by Comm. Hall, seconded by Comm. Davis, Mr. Paul Foster was unanimously appointed to represent the New Hanover County Board of Commissioners on the.Cape Fear Resource Conservation and Development Project, term to expire May 31, 1975. CAROLINA BEACH TO ASSUME RESPONSIBILITY FOR PLUMBING INSPECTIONS A request had been received from Mrs. Leland R. Davis, Town Manager of Carolina Beach, for permission for Carolina Beach to assume responsiblity for plumbing inspections in the one mile extraterritory jurisdiction exercised by Carolina Beach. Chm. Powell moved, seconded by.Comm. Ha11, that this request be approved conditional upon Carolina Beach's code being the same as the New Hanover County code. Upon vote, motion carried unanimously. ADOPTION OF BOUNDARY DESCRIPTION - SOUTH WILMINGTON VOLUNTEER FIRE DISTRICT County Manager Eller reported that the boundaries for the South Wilmington Volunteer Fire District adopted by the County Commissioners at their meeting of November 5, 1973, had not been recognized by the North Carolina Fire Insurance Rating Bureau due to the location of the fire station and the excessive travel response distance to areas in the north section. County Manager Eller requested that the Board adopt the following boundary description for the South Wilmington Volunteer District, which would delete that section known as the North Section. County Manager E11er also presented a map of the proposed South Wilmington Volunteer District, which is contained in Exhibit Book 2, Page 3. County Manager Eller stated that the following boundary description for the South Wilmington Volunteer Fire District had been approved by Mr. Colvin M. Worth, Assistant Chief Engineer, North Carolina Fire Insurance Rating Bureau. ~~~ r~ ? ADOPTION OF BOUNDARY DESCRIPTION - SOUTH WILMINGTON VOLUNTEER FIRE DISTRICT (CONTINUED) SOUTH WILMINGTON VOLUNTEER FIRE DISTRICT BOUNDARY DESCRIPTION Beginning at a point where Barnard Creek runs into the Cape Fear River, proceeding thence in a generally northerly direction along the Cape Fear River to the point of intersection of the southern limit of the City of Wilmington; thence in a generally easterly direction along the city limit line to a point at the southern end of Newkirk Avenue; thence in a south- easterly direction to a point on Barnard Creek approximately 0.3 miles northeast of the bridge at Highway US 421; thence in a generally westerly direction along Barnard Creek to the point of beginning., EXCLUDING the recent annexation of satellite areas described as'E'CH0 FAKMS_and E~CHO FARMS- EAST. Comm. Vaughan moved, seconded by Comm. Ha11, that the boundary description for the South Wilmington Volunteer Fire District presented by County Manager E11er deleting that section known as the North Section be adopted. Upon vote, motion carried unanimously. County Manager Eller reported that he would request a further extension of public protection credit for the section known as the North Section to July 1, 1974, in that a new company was being formed to serve that area and should be completely manned and trained by Ju1y 1, 1974. . REQUEST OF SOUTHEASTERN NORTH CAROLINA EDUCATIONAL, HISTORICAL AND SCIENTIFIC FOUNDATION Mr. Meares Harriss, Jr., President of the Southeastern North Carolina Educational, Historical and Scientific Foundation, appeared before the Board to request that $5,000 be placed in the County's budget for fiscal year 1974=1975 for support of the Albert Schweitzer International Prizes to be given in Wilmington in October of 1975. Chm. Powe11 stated that the Board wouid take this request under advisement and requested Mr. Harriss to keep the Board posted'on progress being made in this Project. (See Addition Pa e 632) Comm. Hall left the meeting during this discussion to serve as a witness in court. ROAD PETITION - KINGS GRANT SUBDIVISION, SECTIONS 7, 8 AND 9 The Division of Highways had advised the Commission that the streets in King's Grant Subdivision, Sections 7, 8 and 9, met the minimum requirements for addition to the State System and had requested that the Commissioners adopt the appropriate resolution. The County Engineer, Richard Epling, concurred in this request. Comm. Wright moved, seconded by Chm. Powell, that the Commission adopt a resolution requesting the Division of Highways to review the roads in King's Grant Subdivision, Sections 7, 8 and 9, and to take them over for maintenance if they met established standards and criteria. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Wright, and Chm. Powell. Voting Noe: Comm. Vaughan. Absent: Comm. Hall. GOVERNMENTAL COMPLEX - COUNTY COURTHOUSE/JAIL - PROGRESS REPORT ~~3 Mr. Herbert P. McKim of Ballard, McKim and Sawyer - Hartman-Cox, Associated Architects, appeared before the Board to present Progress Report ~~3 on the County Courthouse/Jail. This report is contained in Exhibit Book 2, Page 4. Mr. McKim requested an hour and a half in the afternoon of the Commission meeting of May 20, and, by common consent, this was set for 3:00 PM on that date. (Comm. Hall was absent.) REPORT BY COUNTY ENGINEER ON REQUEST OF REV. & MRS. SAMUEL McGUIRE At the meeting oY April 16, 1974, the Board had heard a request from Rev. & Mrs. Samuel McGuire for assistance in gaining access to a portion of their property which had been denied them since 1960 when the County Prison Department had dug a drainage canal which crossed their property. At the meeting, the Board had asked County Manager Eller, by common consent, to make an estimate of what it would cost to provide the McGuires access to their property and report back to the Board with alternate solutions. County Engineer Richard.J. Epling appeared before the Board and presented three alternative solutions to providing access across the drainage canal and their cost estimates. County Manager Eller recommended that the Board take no action on this request in that it appeared that the improvements which had been made to the ditch in 1960 had been made at the McGuires request and, until recently, had been very.satisfactory. Further, that he did not feel the County was responsible to provide such a crossing in that the situation had existed for fourteen years with no apparent ill effects. No action was taken by the Board. BUDGET AMENDMENT - SOCIAL SERVICES County Manager Eller reported that the air conditioning system in the Social Services building had been damaged by power failure. This had been repaired and an insurance check had been received covering the necessary repairs. He stated that the insurance check had been credited to Miscellaneous Revenue in the General Fund but that funds were not available in the appropriate expenditure account to pay the invoice for repairs. ~~~ MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) BUDGET AMENDMENT - SOCIAL SERVICES (CONTINUED) County Manager E11er recommended that the budget be amended by increasing the revenue item in the General Fund, Miscellaneous Revenue, Account ~kll 335 00, by $487 and by increasing the expenditure account, Maintenance.& Repair of Buildings, Account ~k11 610 15, in the Social Services budget by $487 in order to pay the invoice. Comm. Vaughan moved, seconded by Comm. Davis, that the budget be amended as r recommended by County Manager Eller. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Ha11. EARLY PAYMENT TO LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM FOR PRIOR SERVICE BY CAPTAIN H. M. 0'SULLIVAN County Manager Eller reported that Captain H. M. 0'Sullivan of the Sheriff's Depart- ment was eligible to transfer from the Local Government Employees' Retirement System to the Law Enforcement Officers Benefit and Retirement Fund.. He stated that before this transfer could be permitted, payment would have to be made to the Local Government Employees' Retirement System in the amount of $354.71 to give him credit for service prior to New Hanover County's entering the Local Government Employees' Retirement System. Mr. Eller stated that the County was committed to pay this amount over a period of years but this would complete the payment early in order to permit Captain 0'Sullivan to trans- fer to the other retirement system. He stated that several other Sheriff's Department personnel had transferred and Captain 0'Sullivan was the only one whose prior service payments had not been completed by the County. He stated that sufficient funds were available in the proper account and no transfer of funds would be necessary, but that he would need Commission approval that $354.71 be paid to the Local Government Employees' Retirement System for Captain 0'Sullivan's prior service. Comm. Vaughan moved, seconded by Comm. Davis, that this request be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powell. Absent: Comm. Hall. DISCUSSION OF PROPERTY SURROUNDING BOWEN'S CHAPEL Mrs. Lillie Leonard appeared betore the Board to discuss the property surrounding Bowen's Chapel. Mrs. Leonard was advised of the action taken by the Board earlier in the meeting which was to advise the church and Mrs. Leonard of the illegality of releasing the welfare lien on the property and that an explanation be given to them of how they could purchase the property. LEAA GRANT - CRIME SCENE INVESTIGATION Chief Deputy Jesse Blanton and Mr. Jerry Ramsey of the Lower Cape Fear Planning Unit appeared before the Board to present an application for funds from the Law Enforce- ment Assistance Administration (LEAA) to enable the Sheriff's Department to hire an additional man to be trained in crime scene search and analysis of physical evidence. County Manager Eller reported that the local cash matching contribution in the amount of $788.62 would be in the Sheriff's Department budget request for fiscal year 1974-1975. Mr. Ramsey requested that the Board adopt the following resolution. WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application entitled Crime Scene Investigation and has reviewed the project described in the application; and WHEREAS, under the terms of Public Law 90-351 as amended, the United States of America has authorized the Law Enforcement Assistance Administration, through the North Carolina Division of Law and Order to make federal grants to assist local govern- ments in the improvement of the criminal justice system, NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 6th DAY OF MAY, 1974, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Appiicant and the general public. 2. That Dan W. Eller be authorized to file, in behalf of the Applicant, an ~ application in the form prescribed by the Division of Law and Order for a subgrant in the amount of $14,195.10 to be made to the Applicant to assist in defraying the cost of the project described in the application. This individual shall act as the authorized representative of the Applicant in connection with all aspects of the application process. 3. That if the subgrant is made, the Applicant shall provide or make arrange- ments to provide a local cash matching contribution in the amount of $788.62 and a local in-kind matching contribution valued under LEAA guidelines at -0- as required by the Act to defray the cost of the project. v n/pxy ~ `J MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) LEAA GRANT - CRIME SCENE INVESTIGATION (CONTINUED) 4. That the Project Director designated in the application form sha11 furnish or make arrangements for other appropriate persons to furnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Order. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. Comm. Davis offered the foregoing resolution and moved its adoption, which was seconded by Chm. Powe11, and approved as follows: Voting Aye: Comm. Davis, Vaughan, Wright and Chm. Powe11. Absent: Comm. Hall. APPROVAL OF DRAFTSMAN II FOR INSPECTIONS DEPARTMENT County Engineer Richard J. Epling appeared be~ore the Board to request approval of employing a Draftsman II for the Inspections Department. He stated that the primary job of this draftsman would be verification of the accuracy of maps submitted by Cole- Layer-Trumble Company and to provide assistance on the sedimentation and erosion control plans and drainage problems. Comm. Vaughan moved, seconded by Comm. Dapis, that the draftsman be employed and that his time, to all degree possible, be billed to Cole-Layer-Trumble Company for any errors found including such errors found to date, and that $1,256 be transferred from Contingencies in the General Fund, Account ~kll 445 61, to the Salaries & Wages in the Inspections Department, Account ~~11 540 02, to cover the salary of this draftsman for the remainder of fiscal year 1973-1974. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall. , TRANSFER OF FUNDS - JUVENILE SERVICES CENTER Mr. Ronald R. Knopf, Director of the Juvenile Services Center, had requested that the following transfers of funds be approved in order to meet anticipated expenses at the Juvenile Services Center. 1: $75 from Utilities, Account ~~11 522 13, to Travel, Account ~~11 522 14. 2. $150 from Utilities, Account ~kll 522 13, to Maintenance & Repair of Equipment, Account ~kll 522 16. Comm. Vaughan moved, seconded by Comm. Wright, that these transfers of funds be approved as requested. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powe11. Absent: Comm. Hall. TRANSFER OF FUNDS - COUNTY AUDITOR Mr. Patrick G. Ross, County Auditor, had requested the following transfers of funds. 1. $788 from Supplies, Account ~kll 440 33, to Salaries, Account ~~11 440 02. 2. $350 from SuppTies, Account ~k11 440 33, to Telephone & Postage, Account ~~11 440 11. Comm. Vaughan moved, seconded by Chm. Powell, that these transfers be approved as requested. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall. DISCUSSION OF COMMiJNITY HOSPITAL LEASE Mrs. Hazel Shaw had requested that she be permitted to address the Commissioners to object to the proposal for the Mental Health Center to operate a drug treatment and rehabilitation project in the old Community Hospital nurses' dormitory. County Manager Eller reported that this item had been withdrawn because Dr. Burt Walden and Mr. Jim,Lang of the Mental Health Center had informed him that they wished to withdraw their request to use that portion of the old Community Hospital. Mr. Eller stated that, in checking out the use of the Hospital after the Mental Health Center had made their request to the Board, he had found that an earlier Board had given the Neighborhood Youth Corps permission to operate there. He stated that Mr. McCluey Hewett, Director of the Neighborhood Youth Corps, had given a sorority per- mission to use six rooms for a clothing closet but that they did not have permission from anybody in the County. He stated that Mr. Hewett had also given Operation Headstart permission to use four rooms, and they did not have permission from anybody with the County. County Manager Eller recommended that a lease agreement be drawn up with the Neighborhood Youth Corps giving them permission to use one wing with the right to sublet or assign, only by prior approval by the Board of Commissioners, other rooms in the building. This was agreed to by common consent. (Comm. Hall was absent.) sp ~e MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) DISCUSSION OF SEWER LINE FOR NORTH HIGH SCHOOL SITE County Manager Eller reported that County Auditor Ross had,advised that the Com- missioners could issue up to $325,000 in net debt reduction bonds to finance the con- struction of the proposed gravity sewer line to serve the north high school site. He stated that the amount needed exclusive of School Funds would be $257,600. By common consent, this item was deferred to the meeting of May 20, 1974, and County Manager Eller was requested to issue a memorandvm listing the pros and cons of the two possible sewer lines to serve the north high school. (Comm. Hall was absent.) INTENTION TO APPROPRIATE FUNDS FOR NEW HANOVER HIGH SCHOOL OVERPASS Mrs. Isabel Holmes, ~ommissioner wiLh t e Department o Transportation and Highway Safety, and Mr. LaMar McIver of the New Hanover County Board of Education appeared before the Board to discuss the proprosed pedestrian overpass for New Hanover High School and linking this Overpass to the Occupational Education Building. The Commissioners, at a special meeting held on April 29, 1974, had voted to show their intention to appropriate $17,000 for the overpass in the School Budget for 1974- 1975, but this motion had been contingent upon Dr. Bellamy's confirming that the County's appropriation of $17,000 was, in fact, a requirement in order to get the Over- pass. Comm. Davis moved, seconded by Comm. Wright, that the Commission express its intention to the Board of Education to appropriate up to $17,000 for the tie-in and cover for the Overpass in the School Budget for fiscal year 1974-1975. Upon vote, motion carried as follows: Voting Aye: Co~¢n. Davis, Vaughan, ldright and Chm. Powell. Absent: Comm. Hall. Comm. Vaughan requested that the record show that Mr. McIver and Mrs. Holmes had stated that they would check the disparity in the cost of the project. DISCUSSION OF MODULAR CONSTRUCTION OF SCHOOLS Comm. Vaughan stated that he telt the Board of Education should employ an outside engineering firm to do a study of the feasibility of utilizing modular construction of schools in New Hanover County. Mr. LaMar McIver of the Board of Education stated that he would take this suggestion back to the Board of Education. DISCUSSION OF WILMINGTON POLICE DEPARTMENT BEING INCLUDED IN PROPOSE- COURTHOUSE/JAIL Chm. Powell had received a letter dated April 'L4, 1974, from Mr. Herbert B. Brand, Mayor of the City of Wilmington, stating that "Council wishes to request consideration by the Board of Commissioners that space in the Courts Facility be furnished to the Wilmington Police Department at no cost to the City." Comm. Wright moved that the Board notify the City of Wilmington, through the Chairman, that it does not consider it.appropriate to furnish space free for the Wilmington Police Department and that the Board thinks the logical way to handle this would be through a lease agreement at a fair appraised value per square foot. Motion died for lack of a second. Chm. Powe11 moved, seconded by Comm. Wright, that the Chairman be directed by the Commission to reply to the City's letter stating that the Commission would make a specific proposal that the Wilmington Police Department be included in the building by either a Lease agreement or by participation in the capital cost of the building based on the space occupied and the cost thereof. Comm. Davis offered the substitute motion that the Chairman be authorized to start further negotiations with the City of Wilmington concerning their entrance with the County into this project. Substitute motion died for lack of a second. Comm. Vaughan offered the substitute motion, seconded by Chm. Powe11, that this item be discussed at a joint breakfast meeting. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, and Chm. Powell. Voting Noe: Comm. Wright. (See Addition Page 632) Absent: Comm. Hall. TRANSFER OF FUNDS - AGRICULTURE EXTENSION OFFICE Mr. D. D. Baggett, Agriculture Extension Chairman, had requested the following transfer of funds due to social security being deducted in error from Mrs. Jean Gornto's salary. $180 from Salaries, Account ~{11 615 02, to Social Security, Account ~k11 615 05. Comm. Vaughan moved, seconded by Chm. Powell, that this transfer be approved as requested. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall. ~~(1 MINUTES OF REGULAR MEETING, MAY 6, 1974 (CONTINUED) DISCUSSION OF COMMITTEE OF 100 Comm. Vaughan moved that the Board go on record telling the Committee of 100 that it does not associate with them in any respect because it feels their usefulness which was great at one time in the community is no longer such. Motion died for lack of a second. DISCUSSION OF HARBOR MASTER POSITION Comm. Vaughan asked that, by common consent, the Chairman he authorized to write the legislators individually asking them if they had•made any progress on the Harbor Master position. This was agreed to by common consent. (Comm. Hall was absent.) DISCUSSION OF CAPE FEAR TECHNICAL INSTITUTE Comm. Vaughan stated that he would like for the Board to write Cape Fear Technical Institute and ask them to give a history of just where their marine science students that had been processed through Cape Fear Technical Institute were presently working. Comm. Davis asked that, by common consent, the Board authorize Comm. Vaughan to investigate this further and report hack to the Board. This was agreed to by common consent. (Comm. Ha11 was absent.) Comm. Vaughan requested the Board members to ride by the two asphalt parking lots at Cape Fear Technical Institute which he stated were occupied by only three cars. DISCUSSION OF SUBDIVISION REVIEW COMMITTEE MEETING OF APRIL 22~ 1974 Comm. Vaughan stated that only three members of the PLanning Commission were present at the Subdivision Review Committee on April 22, 1974, and that he wanted it entered into the record that the Planning Commission was having meetings with non-effective action as far as being legal was concerned. PETITION, RESOLUTION AND NOTICE IN THE MATTER OF CLOSING A CERTAIN PORTION OF AN UNNAMED ROAD RUNNING BETWEEN KING'S GRANT AND CRESTWOOD SUBDIVISIONS Mr. Ellis L. Aycock, Attorney at Law, appeared before the Board and presented a petition on behalf of Steve F. Aiken and wife, Brenda B. Aiken; Bruce D. Ferguson and wife, Katherine L. Ferguson; Russell S. Ketterman, Jr., and wife, Martha E. Ketterman; and James T. Carper and wife, Judy P. Carper; petitioning the Commissioners to officially close and withdraw from dedication as a public road in the County of New Hanover the portion of the unnamed road running between King's Grant and Crestwood Subdivisions. This petition is contained in Exhibit Book 2, Page 5. Mr. Aycock also presented a resolution for adoption by the Commissioners calling for a public hearing to be held on June 17, 1974, on the closing of this road. Chm. Powe11 moved, seconded by Comm. Davis, that this resolution be adopted subject to approval by County Attorney Fox. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Ha11. A copy of this resolution is contained in Exhibit Book 2,'Page 6. LETTER OF SYMPATHY TO MRS. WILLIAM L. EASON Chm. Powell presented a letter from Gen. Andrew H. Harriss, Jr., Civil Preparedness Coordinator, regarding the death of Col. William L. Eason, and stated that he felt the County should write Mrs. Eason a letter of sympathy and appreciation for the past services of Col. Eason. This was agreed to by common consent. (Comm. Hall was absent.) LETTER TO DISTRICT ATTORNEY ALLEN COBB FROM JUDGE J. BRADFORD TILLERY Comm. Davis presented a letter from Judge J. BradYord Tillery to District Attorney Allen Cobb relative to personnel to investigate drug cases, and he requested that this item be placed on the May 20th agenda. REPORT ON LIGHTING FOR NORTHEAST CAPE FEAR RIVER BRIDGE At the Commission meeting of March 4, 1974, the Commissioners had asked County Manager Eller to investigate why they had to pay 2 of the cost of lighting for the old Northeast Cape Fear River Bridge and none on the new bridge. County Manager Eller reported that Mr. T. W. Funderburk, Division Engineer with the Division of Highways, had advised that effective May, 1974, the Department of Transportation would begin paying for lighting on the Northeast Cape Fear River Bridge... REPORT ON FAIR LABOR STANDARDS ACT County Manager Eller reported on the Fair Labor Standards Act, which he stated all county governments would fall under effective May 1, 1974. He stated that for certain classes of employees, the county must now pay time and a half for all hours worked in excess of 40 hours per week. DISCUSSION OF NATIONAL ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL MEETING Comm. Vaughan moved, seconded by Chm. Powell, that anybody who wished to attend the National Association of County Commissioners Annual Meeting to be held in Dade County, Florida, July 14-17, be allowed to do so and that the Commission's regularly scheduled , meeting be changed to the subsequent Monday. Upon vote, motion died for lack of action as follows: Voting Aye: Comm. Vaughan and Chm. Powe11. Voting Noe: Comm. Davis and Wright. Absent: Comm. Hall It was agreed, by common consent, that any Commissioner who could attend would be allowed to do so. (Comm. Ha11 was absent.) ,6 e~ ~ MINUTES OF REGULAR MEETING, MAY 6, 1974 EXECUTIVE SESSION Comm. Vaughan moved, seconded by Chm. Powell, that the Board recess to go into Executive Session. Upon vote, motion carried as follows: Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell. Absent: Comm. Hall Chm. Powell recessed the meeting to go inCo Executive Session at 12:50 PM. Chm. Powe11 recessed the Executive Session to go back into the regular session at 1:05 PM. Comm. Hall returned to the meeting during the Executive Session. APPOINTMENT OF DR. JOSEPH C. KNOX FOR REMOVAL OF DEAD ANIMALS Mr. Julian W. Booker of the U. S. Department of Agriculture had requested that the Commissioners appoint someone to be in charge of removing and disposal of dead animals when the owner was not ascertainable in accordance with North Carolina General Statute 106, Article 34, Part 9, Subsection 106-403. Comm. Davis moved, seconded by Chm. Powell, that Dr. Joseph C. Knox, or whoever he may designate, be in charge of removing and disposal of dead animals when the owner was not ascertainable. Upon vote, motion carried unanimously. ADJOURNMENT Comm. Davis moved, seconded by Chm. Powe11, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Powell adjourned the meeting at 1:10 PM. Respectfully submitted, :J°, ~ ' Lise K. King Clerk to the Board k MINUTES OF SPECIAL MEETING, MAY 14, 1974 ASSEMBLY The Idew Hanover County Board of Commissioners met in special session on Tuesday, May 14, 1974, at 7:30 AM at the Lob Steer Inn, 7 Wayne Drive, Wilmington, North Carolina, to discuss items of mutual interest with the Wilmington City Council. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan; Vivian S. Wright; Chairman W. Douglas Powell; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Representing the City of Wilmington were City Council members Margaret Fonvielle, Charles F. Green, Ralph W. Roper, John C. Symmes; Mayor Herbert B. Brand; City Manager, John A. Jones; and City Attorney, Cicero P. Yow. Chm. Powell called the meeting to order. DISCUSSION OF TAXATION AND JOINTLY.FUNDED PROJECTS Mayor Herbert B. Brand ofYered to the County Commissioners the proposition that they employ a professional group of people who worked in that field to come to Wilmington and make a study of the tax structure of both the City and the County and the expense of jointly-funded matters and a11 others and the income that was shared by the City and the County and abide by whatever recommendation they make. He stated that the City would accept their recommendation and asked if the County would do so. Comm. Wright moved, seconded by Comm. Vaughan, that the Board of Commissioners reject the idea of hiring someone to do the job because she stated she felt this was the elected officials' job. No vote was taken on this motion.(See Page 645 }'or Addition) It was generally agreed that the appointed representatives from the Wilmington City Council and the New Hanover County Board of Commissioners would continue working on this problem and come back to their respective boards with a recommendation. DISCUSSION OF WILMINGTON POLICE DEPARTMENT GOING INTO COURTHOUSE/JAIL FACILITY Chm. Powell asked for an expression from the City whether they wanted to include the Wilmington Police Department in the proposed courthouse/jail so that the architects could proceed with their planning. Mayor Brand asked the Council members if they felt they could approve the concept of the Wilmington Police Department going into the new courthouse/jail facility so that the County could so notify their architects, and all Council members present stated that "yes" they could approve this concept. (Council members Ben B. Halterman and Kenneth McLaurin were not present at the meeting.)