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1971-02-15 Regular Meeting~580 MINIITES OF THE MEETING (SPECIAL) - FEBRUARY 5, 1971 - CONTINUED - ORDINANCE OF NEW HANOVER COUNTY TO PERMIT THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS ~ DURING A STATE OF E[`1ERGENCY - CONTINUED - Prohibitions and restrictions may be extended as to time or area, amended or re= scinded by proclamation. Prohibitions and restrictions imposed by proclamation under authority of this ordinance shall expire five (5) days after their last imposition unless sooner term- inated by proclamation o£ said chairman, or by the Board of Commissioners. ' This ordinance is intended to supplement and confirm the powers conferred by all general and local laws existing for the protection of the public health and safety in times of riot or other grave civil disturbance or emergency. Any person who violates any provision of a proclamation proclaimed under the authority of this ordinance is guilty of a misdemeanor and punishable as provided in North Carolina General Statute 514-4. Unless context clearly requires otherwise, words and phrases used in this ordinance shall be de£ined and have the same meaning as those set forth for such words and phrases in Article 36A of the General Statutes of North Carolina." EMERGENCY FUND FOR SHERIFF'S DEPARTMENT - Mr. Hall moved, seconded by Mr. Williams, that the Board appropriate to the Sheriff's Department budget sum o£ $4,000 for emergency purposes, funds to come from General Emergency Fund. Motion carried unanimously. Mr. Hall moved, seconded by Mr. Williams, resolution be passed requesting the Sheriff to contact the County Administrator or some member of the Board of Commissioners, if possi- ble, prior to spending funds just allocated to his budget Por emergency purposes. Motion carried unanimously. • Mr. Williams moved, seconded by Mr. Hall, that the Commissioners approve the request con- tained in letter from the Sheriff dated February 5, 1971 for emergency equipment anounting to $1,351.32, and this amount be charged against the 964,000 just appropriated for emergency equipmen't. Motion carried unanimously. EXPRESBION OF Arrres~CIATION TO SFLERIFF MILLIS - Chairman Harriss stated on behalf of the Board he wished to express appreciation to the Sheriff for his efforts in this time of crisis and to commend him for performance of his duties. ADJOURNP'~NT - There being no further business,to come before the Board, Mr. Hall moved, seconded by Mr. Williams, that the meeting adjourn. Motion carried unanimously. Respect£ully submitted, Hazel Sava~e Clerk to the Board HS/bh MINUTES OF THE MEETING - FEBRUARY 15. 1971 - 9:00 A. M. - ASSEMBI,Y - The regular semi-monthly meeting of the New Hanover County.Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. 47illiams, Commissioners J. M. Hall, Jr,, H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Administrator I,aurence 0. Bowden; and Hazel Savage, Clerk to the Board. Mrs. Elizabeth Edens was present in the absence of the County Auditor. INVOCATION - Chairman Harriss called the meeting to order and asked Rev. J. A. Humphrey, Pastor, Nt. Olive A.M.E. Church, to give the invocation. APPROVAL OF MINIITES - REGUI,AR MEETING, FEBRUARY 1ST.' AND SPECIAL MEETING, FEBRUARY 5TH - Chairman Harriss asked to be excused and Vice-Chairman Williams assumed the chair for a brief period. There being no corrections, other than the one furnished the Commissioners from the office, Mr. Hall moved, second:ed by Mr. Oxenfeld, that the minutes of both meetings be approved with those corrections." Motion carried unanimously. CONTRACT FOR OPERATION aF SANITARY LANDFILL N0. 2 During discussion of contract between New Hanover County and I,eroy Hooks, d/b/a Hooks Salvage Company, Mr. Marks raised question whether or not the County had been furnished any evidence of insurance from Hooks Salvage Company. County Attorney Fox stated contract should not be in force until insurance is provided. Mr. Marks moved, seconded by Mr. Hall, that the Board approve the contract and authorize signature of the chairman after insurance policy has been presented by Hooks Salvage Com- pany. Motion carried unanimously. Mr. Harriss returned to the meeting and took the chair.., ~~1 ~ MINUTES OF 'i'HE MEETING - FEBRUARY 15. 1971 - CONTINUED - CONTRACT FOR OPERATION OF SANITARY LANDFILL N0. 2- CONTINUED - Mr. Bowden requested Y'unds ior ~cne uperation of t e sanitary landfill and suggested figure of $5,000 for the remainder of the year. Mr. Oxenfeld moved, seconded by Mr. Williams, that funds up to $5,000 be transferred from Site Acquisition and Improvements Account to Site Operation Account for operation of Sanitary Landfill No. 2. Motion carried unanimously. A.B.C. PERMIT RE9UESTS - 'i'he following A.B.C. Permit Requests were presented to the Board: The Galley, Wrights- ville Causeway; P.J.'s. 3818 Wrightsville Avenue; and Graham's Grocery, 134 Lake Park Blvd. Mr. Williams moved, seconded by Mr. Aall, that the requests be forwarded to the Sheriff's Department for investigation and recommendations. Motion carried unanimously. CERTIFICATION OF CONTRACT AND LETTER OF INTENT - MATCHING FUNDS, COMMUNICATIONS PROJECT, SflERIFF'S DEPARTMENT - GRANT N0. 70-A-209- . Mr. Sowden presented Certification of Contract and Letter oi' Intent forms which the Lower Cape Fear Planning Unit had requested be signed by the Chairman. Forms cover request ` for matching funds to be submitted to the,N. C. Committee on Zaw and Order in amount of $1320 for which a local matching contribution of•$880 will be required from New Hanover County on the two radios for the Sheriff's Department. Mr. Marks moved, seconded by Mr. Williams, that the Chairman be authorized to sign these documents. Motion carried unanimously. CIVIL DEFENSE - TRANSFER OF FUNDS - Request from General Harriss, Civil Defense Director, for transfer of $2,500 from Salaries to Office E~pense, Communications and Emergency Operations Center was considered. General Harriss also furnished a list of office equipment (estimated cost $2,401.50) which he pro- posed to purchase with this transfer. Mr. Marks was opposed to the transfer, because he felt if a saving is made in a de- partment's budget, amount should go to surplus fund at end of budget year. Mr. Hall was of same opinion. • Mr. Bowden pointed out General Harriss requested one or two of the items during budget time last year but was turned down, and, in his opinion, should the County have a disaster, these items would be critical for operation. By common consent it was agreed the County Administrator request General Harriss to give justification of each item before the Board reconsiders the request. Chairman Harriss complimented General Harriss on his operation during the recent emergency; saying he had done it single-handed. He manned the network both day and night. CAPE FEAR TECH - TRANSFER OF FUNDS - Request from Cape Fear Tech to transfer $165 from £uel to Insurance was discussed. Mr. Marks moved, seconded by Mr. O~cenfeld, that the transfer be approved. Motion carried unanimously. SHERIFF'S DEPARTMENT - OVERTIME PAY - Mr. Bowden presented request from the Sheriff for overtime pay for his deputies made necessary by the recent emergency. The Sheriff estimated $8,000 will be required for this overtime pay. Mr. Williams moved, seconded by Mr. Marks, that up to $8,000 be appropriated to the Sheriff's Department from Unappropriated Surplus (provided monies are not available in the salary line item in the Sheriff's budget) for payment of the deputies who worked overtime during the recent emergency; pay to be at normal rate, not time and one-half. Motion carried unanimously. CUSTODIAN - OVERTIME PAY - Chairman Harriss advised that he requested Mr. Guthrie to come down at night to help guard the Courthouse; the City did not furnish any Yiremen as they did for City Hall. No action was taken on overtime pay for Mr. Guthrie. LOCAL OPTION SALES TAX - Chairman Harriss recognized Senator John J. Burney at this time saying the Board was pleased and honored to have him present. Senator Burney advised the Supreme Court ruled the local option sales tax was a State tax and it has to be a local tax. Senator Burney stated, in his opinion, the only way the Act can be constitutionally passed is to leave it directly within the discretion of the County Commissioners in the adoption of this tax. Senator Burney stated even though the bills say it may be put to the vote of the people that to him this is only a guide line to guide the Commissioners on what to do, and if it is without a vote of the people, the County becomes bound by what is termed "necessary expenses". Senator Burney advised that in 1974 the Constitution will be changed and there will be a new definition of what is and what is not a"necessary ex- pense" Senator Burney advised, in his opinion, if the bi31 is passed as written, the sales tax mone~ can only be used for "necessary expenses" because if the tax is by vote of the people it can be spent otherwise, but:if;without vote of people only for "necessary ex- penses". Senator Burney advised committee has been tied up for last two meetings on question of distribution which as drawn now is on per capita basis. They are working on amendments now which will probably leave it within discretion of County Commissioners on whether to distriBute money on ad valorem basis or per capita basis. It is opinion o£ Mr. Morrisey, the municipalities, Attorney General's Office, and lawyers on the committee that this is legal way this Act can be made constitutional. ~ JH2 MINUTES OF THE MEETING - FEBRUARY 15, 1971 - CONTINUED - LOCAL OPTION SALES TAX - CONTINUED Senator Burney advised he introduced a bill Friday to distribute last quarter's taxes to the 25 counties. A procedure was set up whereby persons have 90 days in which to claim. If claims are greater than sales tax it will be necessary to use Intangible Tax funds to pay off. • Mr. Marks stated he understood time table for present monies to be returned would be as soon as bill is passed. Senator Burney advised he hoped to have it passed next week. Mr. Marks asked what is time table for new funds. Senator Burney stated he could not answer that. He did say, however, when bill is passed it could be enacted within 30 days. Chairman Harriss expressed appreciation to Senator Burney for appearing and brin~ing the Commission up to date and for his support. EMERGENCY PAY FOR A3SISTANT PLUMBING INSPECTOR - Mr. Bowden advised the Board Mr. James Register, Assistant Plumbing Inspector, had been on National Guard duty during the recent emergency. Also, Mr. Bowden advised the City pays full salary to those serving such duty, and he recommended Mr. Register be paid full salary. ~r. Bowden stated there is nothing in the Personnel Nanual on this and he would like for the Board to consider policy at this time. After discussion, in which it was pointed out there is a difference in training and an emergency situation and also the long hours put in, Mr. Williams moved, seconded by Mr. Hall, that the personnel policy be revised to include a provision that a person servir~ in the National Guard or military organizations of this type when he is away on ~training duty be compensated the difference between what he would have made had he been on the job full time and what the military unit pays him, but in cases where he is called out in an emergency situation, such as the one the County has just had, to be paid full time County salary. Motion carried unanimously. MUTUAL ASSISTANCE IN I~AW ENFORCEMENT - Mr. Marks questioned status of reply to Mr. Bowden's recent memorandum to local municipal governments relative to mutual assistance. Mr. Marks suggested Mr. Williams discuss this memorandum with the Coun~il of Governments in order to get positive action. Mr. Williams agreed to call this to attention of the Executive Committee and see if it can be accelerated. Mr. Harriss suggested the County Administrator follow through on the Board's proposal with each municipality within the County. Exl'RESSIaN OF Arrxr.CIATION TO THOSE WHO HELPED DURING II`1ERGENCY - Mr. Harriss stated Chief Bailey of Carolina Beach furnished men and equipment and worked with the Sheriff's Department during the recent emergency. Also, other assistance had been received and offered. Mr. Williams moved, seconded by Mr. Oxenfeld, that the Chairman be requested to write all agencies that he knows of that cooperated and who offered to cooperate and to express a word of general thanks as well as to the newsmen here today. Motion carried unanimously. TOWN OF CAROI,INA BEACH - EXTENSION OF ZONING JURISDICTION - Chairman Harriss advised the Board he had been advised Town of Carolina Beach is con- sidering exercising its authority to extend its zoning jurisdiction and authority one mile beyond its corporate limits. The area will extend to the southern most end of Snow's Cut Bridge on the north and will include both Wilmington and Hamby Beaches to the south of the town. Town of Carolina Beach requests that the Board of County Commissioners appoint five additional members to the Town of Carolina Beach Planning and Zoning Board and included list of eligib3e persons willing to serve on the Board. This matter was deferred until next meeting in order for each Commissioner to look at the list and add names of other persons for consideration, if they so desire. INSPECTION OF VOLUNTEER FIRE DEPARTMENTS - Mr. Harriss advised he was setting night of Monday, February 22nd, to make inspection of the Volunteer Fire Departments. The Commissioners will meet at the Winter Park Volunteer Fire Department at ~:30 P.M. Mr. Harriss complimented all the Volunteer Fire Departments for the fine service they are rendering, pointing out they raise the largest part of their funds for operation. ADJOUgNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by Mr. Williams, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board HS/bh