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."
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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.)