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1971-06-07 Regular Meeting~~iJ ' MINUTES OF Tf~ P1~TING - MAY 17, 1971 -(CONTINUED) - BOND FOR ACTING TAX COLLECTOR - Nr. Bowden advised the Board bond for Mrs. Janie B. Straughn, Acting Tax Collector, had been approved by the County Attorney. H.B. 632 - I,ICENSING OF VEHICZES - Mr. Sowden called attention to rr. Powell's letter to the efYect that the Tax Supervisors Association had proposed legislation somewhat different than the County Commissioners Asso- ciation had endorsed, and with which this Board had gone along with. ADJOURNMENT - There being no further business to come before the Board, Mr. Marks moved, seconded by Mr. Hall, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board HS/bh MINUTES OF THE MEETING - JUNE 7. 1971 - 9:00 A.M. - ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chair- man Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, and John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry 5hepard; and Hazel Savage, Clerk to the Board. County Administrator I,aurence 0. Bowden was attending Army Reserve Training Por two weeks. INVOCATION - Chairman Harriss called the meeting to order and asked Rev. T. 0. Todd, Pastor, First Pentecostal Holiness Church, to give the invocation. APPROVAI~ OF MINUTES - Chairman Harriss called attention to error on Page 1 under heading "Burning of Hemenway Hall". First sentence should read: "... in which the destruction of Hemenway Hall is cast ...". Following this correction, Mr. Williams moved, seconded by Mr. Hall, that the minutes be approved as corrected. Motion carried.unanimously. ACTING TAX COLLECTOR'S REPORT - Mrs. Janie Straughn, Acting Tax Collector, presented following report of taxes collected during May, 19'71: Total taxes charged on books $5,242,558.24, less abatements $28,585•~, leaving,balance due before any collections $5,213,9'72.'76 less collections during month of May, Prepayments and collections September to May $4,930,62'J.5°, leaving balance uncollected $283,345.17. Back taxes collected during month of May amounted to $11,031.97 bringing total collected to $140,099.93, leaving balance of back taxes due in amount of $291,012.50. -e- linquent Personal Property taxes collected during month of May amounted to ~1,199.58> bringing total collected to date $22,080.'72. Mr. Williams asked £or Mrs. Straughn's feelings on additional personnel for collection of back taxes. Mrs. Straughn advised she is requesting an additional employee in the 19']1-']2 Budget. Mrs. Straughn stated there is definitely enough work on collection of back taxes to keep a person busy. Mr. Williams moved, seconded by Mr. Hall, that Mrs. Straughn be authorized to employ someone immediately, if she can, but not later than July lst, subject to concurrence of the City Council, funds to come from unused salary account. Motion carried unanimously. Mr. Oxenfeld moved, seconded by Mr. Hall, that the report furnished by Mrs. Straughn be accepted. Motion carried unanimously. TRANSFERS AND APPROPRIATIONS - Mr. Shepard presented following requests for trans£ers and appropriations: Mental Health: F'rom: -rugs $ 300 To: Stationery, Supplies and Postage # 300 Board of Elections: P'rom: Unanticipated Revenue 765 To: Supplies 765 Re~ister of Deeds: From: 11.722 (Cott Data Processing) 900 To: 11.~08 (Arcata Microfilm Service) 900 Tax I,istin~: From: Stationery & Supplies 86 To: gey Punch & Verifier Lease 51 Telephone 35 Airport: From: Labor 500 To: Repairs to Field 5~o Mr. Shepard also requested the following transf ers: To: Insurance Election Board 41 Rprs. & Maintenance Commissioners 68 Postage Machine Meter-County Aid 69 From: General Contingency Fund 1'78 J b~~ MINUTES OF 'PFtE MEETING - JUIVE 7, 1971 -(CONTuvu~D) - TRANSFERS AND APPROPRIATIONS - (CONTINUED) To: Dental Fund - Health Dept. $ 2,000 From: Revenue ESEA $ 2,000 To: Telephone - Bldg. Insp. 50 From: Travel Acct. - Bldg. Insp. 50 To: Employers' Retirement CFTI 6 ~ From: Employers' Social Security CFTI 6 To: Capital Outlay A&E 1']4 From: Bldg. Maintenance A&.E 14~ Travel A&E 27 To: Water-Light Power - School Reg. 30,000 From: Janitorial Service - School Reg. 1'J,000 Fuel - School Reg. 13,000 To: Commencement - School Reg. 1,500 From: Instructional Supplies - School Reg. 1,500 Mr. Williams moved, seconded by Mr. Oxenfeld, that the above transfers be approved. Motion carried unanimously. CIVIL DEFENSE REQUEST - TRANSFER OF FUNDS - Civil Defense request for Auditor to post ($300 and $420) $']20 to Account 11.505 and to transfer within Civil Defense budget from Account 11.505 to Account 11.503 ~30o was discussed. Mr. Hall moved, seconded by Mr. Williams, that action on this request be deferred until next Board meeting. Motion carried unanimously. HUPIANE PET CENTER REQUEST - Mr. Harriss stated additional expense of ~922.75, which is one-half of the total addi- tional expense, is due to City of Wilmington's leash law, effective Febiuary 1, 19']1. Two additional emplo9ees had to be hired. Mr. Harriss stated this should not really be the County's expense. Mr. Hall stated this was imposed on the County when the City enacted the Zeash Law and nothing was in the contract when this item was budgeted to indicate the City was going to enact a leash law. By common consent it was agreed the Chairman discuss the matter with the City Council. Mr. Hall suggested that the next budget contain a little clause that any ordinance which the City passes after.the Commissioners have made the County's budget will have to be approved insofar as expenses are concerned on a 50-50 basis before the County is billed. By common consent it was agreed to defer payment of this bill until after Mr. Harriss has discussed the matter with the City Council. SOUND-REINFORCING SYSTEM - SUPERIOR COURT ROOM - Mr. Fox stated the acoustics in the Court Room is still bad even with the windows closed. Mr. Williams moved, seconded by Mr. Hall, that the equipment be provided to remedy the sit- uation at cost of #694.52, funds to come from Court Facility Fees. Motion carried unanimously. MEDICAL EXAMINERS' FEES - Discizssion was held on Medical E~aminers' fees for services which the Board £eels are rather high. Mr. Williams was o£ the opinion Yamilies or insurance companies requesting autopsies should be required to pay for them; not the County. The County should pay only where suspicion of foul play or where those in authority feel there is good and sufficient reason to serve the interest of the individual and public as a whole. Mr. Harriss stated he had discussed this matter with Mr. William F. Norrison, Director of New Hanover Memorial Hospital., Dr. Henr9 Singletary, Pathologist, and several of the Medical Examiners. They all stated during the first year of this system a large number of autopsies are called for until the examiners become more familiar with the medical legal requirements imposed on them by the statute because they do not want to guess at something that they might get called on later. Mr. Williams moved, seconded by Mr. Marks, that letter be written to the Medical Ex- aminers stating the County should not be billed except in cases where a law enforcement officer or court official has indicated there is a need for an autopsy; insurance companies or families wanting an autopsy for purposes outside of inedical legal requirements are to be charged in lieu of the County. Motion carried unanimously. By common consent the Board agreed to pay this medical examiners' bill, transferring $2,000 from the General Contingency Fund. MARQ,UIS HILLS, SECTION 8t SUBDIVISION PLAT - Mr. Ramsey presented subdivision plat of Marquis Hi11s, Section 8, which had been re- viewed by the Subdivision Review Committee on May 24. Mr. Ramsey stated there are 111 lots in this section of the subdivision. The developer is putting in the improvements, but there has not been an inspection by the State Highway Commission. Mr. Ramsey stated he was re- questing the Commissioners give the Chairman authorization to sign the plat when the High- way Commission gives its appronal of the road s9stem. ~ Mr. Oxenfeld moved, seconded by Mr. Williams, that the Chairman be authorized to sign the plat when approved by the Highway Commission. Motion carried unanimously. SHAMROCK VILLAGE SUBDIVISION PLAT - Mr. Ramsey presented plat of Shamrock Village subdivision, advising there are 29 lots in this subdivision._ This subdivision has been given final approval by the Subdivision Re- view Committee. The developers have posted a bond for the amount necessary for the improve- ments and everything is in order for the Chairman's signature. Mr. Oxenfeld moved, seconded by Mr. Hall, that the Chairman be authorized to sign this plat. Motion carried unanimously. FORMAL PRESENTATION OF 1971-72 BUDGET - County Auditor Shepard formally presented the 19'71-'72 budget to'the Board of Commis- sioners. Mr. Marks moved, seconded by Mr. Oxenfeld, that the Commissioners accept the budget with their thanks. Motion carried unanimously. , MINUTES OF TFiE MEETING - JUNE ~, 1971 -~CONTINUED) - . ` FUBLIC HEARING SPECIAL USE PERMITS - Mr. harriss opened public hearing on following special use permits: l. Application to e~and Mount Pilgrim Missionary Baptist Church on Carolina Beach Road (detached kitchen facility). The property is in an R-15 Zone. 2. Application to expand the Special Use (Marina) located on lots 1, 2, 3, & 4 be- tween Burnett Avenue and Myrtle Grove Sound. The property is in an R-15 Zone. No. 1- Mount Pilgrim Missionary Baptist Church was discussed first. There was no comment from anyone present. Mr. Mallory stated this request was/considered b9 the Planning Commission at their last meeting and the Commission recommends approval of the requested special use permit, subject to revision of the sketch plan that was submitted with their application. All of the items that were on the plans were found to be not located properly and if they would resubmit the plan as it should be drawn to scale, the Plannin~ Commission does recommend that this special use permit be issued. No. 2- Marina was discussed next. There were no objections. Mr. Mallory stated Mr. Ward started the Marina before'.the.area was zoned and showed the Commissioners a map on which Mr. Ward has shown what he plans in the future, so that he will not have to come back requesting special use permits each time. Mr. Ward informed the Plan- ning Commission he has permits from the Corps o£ Engineers and State for dred~ing and most of the dredging and filling has been done. The Planning Department recommends issuance of special use permit, subject to the following: ss~ - 1. That 50% of the off-street parking spaces be at least 32 feet in length. 2. Proposed sign not to be larger than 32 square feet in size - non-illuminated. 3. That no construction of boats be permitted on the lot. 4. When proposed club house is constructed additional off-street parking spaces be pro- vided in accordance with the Zoning Ordinance. 5. All sales and services connected with the operation of the club facility shall be in- cidental to the marina operations. 6. Sale of boating and fishing supplies except sale of gasoline and oil shall be from an enclosed structure. 7. No smoking signs shall be posted at each gasoline point. Mr. Hall moved, seconded by Mr. Marks, that special use permits be granted in both in- stances, subject to meeting the requirements recommended by the Planning Commission. Motion carried unanimously. . ZONING AREA IN VICINITY OF WILMINGTON COLLEGE - Mr. Mallory stated the Planning Department has been working on other areas for county zoning and at meeting in May a map was presented to the Planning Commission for proposed zoning of area around Wilmington College and at that time it was voted to hold the public hearing in June, but just prior to advertising they received word Wilmington College is going to request annexation which will affect the proposed zoning, so the Planning Commission is going to shelve this area until later. After discussion, Mr. Harriss requested Mr. Mallor~ to present to the Planning Commission the Commissioners' views of the desirability of having a public hearing at an early date on this matter. The Board was of the opinion it should go ahead with zoning of this area. ZONING OF PORTER'S NECK AREA - Mr. Mallory presented map of Porter's Neck Area ~oin~ 1000 feet on the northern side of U. 8. 1'7 which is basically residential and stated the Planning Department will recommend most of it be zoned R-15 or_R-20 with exception of two businesses at the intersection. Earliest date public hearing can be held would be first Commissioners' meeting in July. Mr. Williams moved, seconded by Mr. Oxenfeld, that public hearing be scheduled for zoning Area No. 5 for first meeting in July which will be on Tuesday, July 6. Notion carried unanimously. . REPORT ON WATERSHED PROGRAM - Mr. Sam Cox, District Conservationist, U. S, Department of Agriculture, and Mr. George Alper, Chairman, Watershed Advisory Committee, reported on the Watershed Program. Mr. Cox stated last summer about 16 major areas were surveyed gathering engineering data Yor present conditions and what could be planned to improve conditions in the way of water man- agement and flood control. The engineers have run into problems and are at present working on them and should be able to give the Commissioners a report within the next month or so. The main problem is too much fall in some areas which creates too much washing. Mr. Cox stated their people in Raleigh have asked several questions which they would like for the sponsor to answer and that is why the Watershed Advisory Committee, on which Mr. Alper was appointed Chairman, was formed. Mr. Cox stated the Committee is confused on how it can function in this role. Mr. Cox stated the committee was appointed at his suggestion in order for him to have someone to talk to and to get recommendations from. Questions have been asked the Watershed Committee from Raleigh which Mr. Alper feels the Committee has no authority to answer. Mr. Alper spoke saying the Committee has no knowledge of what is expected of them. Mr. Hall spoke on the drainage problem. It is the feeling of the Board the County should pro- vide outflow to its citizens. s~z MINUTES OF TI~ MEETING - JUNE 7, 1971 -(CONTINUED) - REPORT ON WATERSHED PROGRAM - (CONTINUED) - Mr. Harriss stated one problem is lack of authority to condemn property for drainage. Mr. Fox stated with passage of local law the county does have authority. Mr. Alper stated without authority the County will be wasting its time. Mr. Cox asked if it were the desire of the Commissioners that the Watershed Advisory Committee work.with the planners in investigations and recommendations up to the point of c:ommitment. Mr. Marks suggested the committee receive recommendations from Mr. Cox and then come up with specifics. Mr. Marks was of the opinion the committee is to evaluate findings of present study. Mr. Alper stated they are not engineers and cannot tell them what to do. Mr. Hall stated he felt sure the Commissioners would provide engineering services if the committee finds need £or them. By common consent the Board thanked Mr. Cox and Mr. Alper for the work already done and requested they continue and bring back recommendations. BID OPENING - DARK ROOM AND PHOTO LAB EQUIrrir~v~P & SUPPLIES - SfiERIFF' S DEPARTMENT - Mr. Harriss advised that at the last meeting only two bids were received which could not be opened because by law the first time bids are received it is necessary to have three. The equipment was readvertised and this time only one bid was received which could be opened. The bid was from King Photo Supply Company, ']08 Tucker Street, P. 0. Box 1880, Ralei$h, North Carolina. Bank Money Order was furnished in amount of $236.1~ which repre- sented five per cent of bid bond. Total bid price was not shown on their bid, however it would amount to $4,']23.40 based on check submitted. Delivery 85% immediately - 15% ten da~rs, terms 2'/0 - 10 days, F.O.B. destination was shown on bid. Mr. Williams moved, seconded by Mr. Oxenfeld, that the bid be referred to the committee appointed to check this out (Messrs. Tom Fields, Perry Shepard, Laurence 0. Bowden and Sheriff Millis) for recommendations. Motion carried unanimously. Mr. Williams expressed concern over amount of bid as compared with amount requested. Mr. Hall moved that if in the opinion of the committee this is a proper bid and items in bid are in line with the needs that the Chairman be authorized to go ahead with the or- der for the goods and services, funds to come from unexpended salary account. If not avail- able in the salary account, then from the General Contingency Fund. Mr. Harriss seconded Mr. Hall's motion. Mr. Williams stated he would like to hear from committee before taking action and, there- fore, o£fered a substitute motion, seconded by Mr. Marks, that the matter be tabled until the Commissioners' next regular meeting. Motion.carried three to two; Messrs. Harriss and Hall voting "No". SPACE FOR NEIGHBORHOOD YOUTH CORPS - Mr. McCluey Hewett, Project Director, Neighborhood Youth Corps, appeared before the Board requesting NYC be allowed to continue to occupy space in the old nurses home oY Com- munity Hospital during the summer months. They are at present preparing to place 210 high school students in jobs for the summer. Mr. Marks raised question of Mr. Hewett's authority to speak since he is not a resident of New Hanover County and is employed by another agency outside o£ New Hanover County and New Hanover County is not one of the areas described in their jurisdiction Mr. Hewett stated he is a resident of New Hanover County and, therefore, was allowed to speak on behalf of his organization. Mr. Hewett stated NYC was sponsored_by opportunities, Inc. until it was defunded; then it operated until Ma9 31st under contract it had with the Zabor Department. Then another sponsor had to be found and now SENCland Community Action, Inc. is sponsoring them on a temporarq basis. SENCI,and Community Action, Inc. serves Bruns- wick, Bladen and Columbus Counties. They hope to find a permanent sponsor this summer accept- able to this population. Mr. Hewett stated NYC also coordinates the PACE Program. He stated the 21o persons to be placed in employment will be from New Aanover County. Mr. Hewett's title now is Supervisor Coordinator for this county and not Project Director NYC. Mr. Harriss stated it is recognized this program is good, but it does not have a base here and this County is not represented on its Board. ~ Mr. Harriss also pointed out there is immediate need for space for nine parole officers. Mr. Marks moved, seconded by Mr. Williams, that since the County was not consulted about the activities here in our County and are not represented on their Board, and Mr. Hewett has had adequate time for termination of use of the £acility, and the County does have immediate and definite needs for the space, or it would not have requested return of the space, the Board of Commissioners decline the request. PTr. Harriss stated he thinks this program has potential merit of great benefit to this County, but also sees some problems in it. Mr. Harriss stated he would like permission of the Commissioners to investigate further and report back to them and to come to a decision on this matter after further conference with Mr. Bowden on necessity for the space. Mr. Hall made a substitute motion, seconded by Mr. Oxenfeld, that the NYC be allowed the continued use of this facility for the next 30 days until such time Mr. Bowden can get back and give the Board the information that is needed to make a decision on a permanent arrangement. Motion carried four to one. Mr. Marks voted "No". SPACE FaR HEADSTART OF NEW HANOVER COUNTY..•.INC.-- Mrs. Faye Odell appeared on behalf of this or~anization requesting permission to store materials in the nurses quarters of Community Hospital until they can find a location and stated they would appreciate ar~y suggestion for office space for a director and secretary since they do not have funds for office space. , MTNUTES OF THE MEETING - JUNE 7, 1971 -~CONTINUED) - 653 SPACE FOR HEADSTART OF NEW HANOYER COUN~1'~ INC. -(CONTINUED) - Mr. Williams moved, seCnnded by Mr. $all, that Headstart program be granted a 30 day ex- tension for office and storage. Motion carried unanimously. Mr. Williams sta~ed sometime ago the question was raised as to why the School Board did not assume this responsibility, and it was pointed out that since they were under court order they could not do so. Mr. Williams quoted following from letter received by the Commissioners' office from Mrs. Barbara I. Whitaker, Assistant Regional Director for Child Development: ". let us assure you ~hat it is not the policy of the office of Child Development/Department of~ Health, Education, and Wel£are, Region IV to withhold Federal funds from any. Board of Education who may be under a restraining order to desegregate." MEMO OF UNDERSTANDING BETWEEN N~ C. AGRICULTURAL EXTENSION SERVICE AND BOARD OF COMMISSIONERS - Mr. Grover 7lobbins, District~E~ctension Chairman, eigh, was present to answer questions on the above. Mr. Williams requested clarification on Item 1 on second page relative to setting sa- laries for County Extension Employees, particularly the varying percentages. Mr, Dobbins stated when the program was started formula for County participation was different and has remained because they have not pushed it; if they did County woulc3 be participating 50'~ on all salaries. Mr. Harriss pointed out question he had was on Item 4 regarding classification of em- ployees under County Classification Plan. Mr. Dobbins stated professional personnel of the N, C. State University is not classifie@ under County Classification Plan but this does not prohibit E~tension secretaries from coming under the County Plan. The reason for this is they would have to deal with 100 counties if this were the situation. Mr, Dobbins suggested if there were statements the Board would like to change in the Memo of Understan@ing, they should feel free to rewrite it and he would take it back to the Director for consideration. Mr. Dobbins stated the Memo of Understanding can be broken at anytime. Mr, Williams pointed out when there are County rules regarding annual, sick and military leave local rules will apply to County Extension o£fices, and where counties do not have such rules, the State rules will apply. Mr. Dobbins said this is correct. Mr. Fox stated that the statement in the agreement to effect it can be reviewed at anytime protects the County adequately. Mr. Oxenfeld moved, seconded by Mr. Williams, that the Chairman be authorized to sign the memo of understanding. Motion carried unanimously. ' REP08T ON STUDY OF DELIVERY OF COMMUNITY SERVICES IN NEW HANOVER COUNTY - Mr. Joe Medlin, Executive Director of United F'und and Community Council, introduced Mr. Peter B. Auerbach, Director of Planning, North Carolina United Community Services. Mrs. Jane Fonvielle of the Community Council was also present. Mr. Auerbach stated Mr. Marks had been working closely with the committee that has been undertaking an evaluation oP services delivered in the Health and 5ocial Adjustment field in Pender and Brunswick Counties, the prime stimulus for this came from the ~act New Hanover County is the hub for the area around it and is being drawn on very heavily for services ren- dered outside of its County; the New Hanover Memorial Hospital in particular is facing some real problems. Mr. Auerbach stated they had been working with all agencies in this area, and advised they needed to lmow names and addresses of all AFDC children for underprivileged children programs which will be electronical7.y processed. The project is cooperative with the State Department of Social Services; their field staff is working on it. The significance of the study and outcome lies in the one fact; we know children on aid for family with dependent children are least advantaged of any group of children in any community. With this informa- tion the County can be advised how children were being served in 19'70. All information will be absolut.ely confidential. Miss Hall will need extra funds to prepare this information. Miss Hall advised Mr. Auerbach she was under impression he wanted information for total case load, but now he was asking for only AFDC. Mr. Auerbach stated crux of problem is on AFDC. Miss Hall asked what information would show. Mr. Auerbach stated it would show num- ber of her clients who are served or not served by other agencies; for exampie in one community they found only 3% of AFDC children used public recreation. The purpose is to insure against children becoming dropouts and to become productive citizens when they grow up. Mr. Auerbach said Boy Scouts in CumberZand County received a$45,000 grant based on similar report. Miss Hall stated she talked to the Social Services Director in Cumberland County who stated they could not say report was of any value to that department, but she could not speak for the community. Meeting recessed at 11:15 A.M. Meeting reconvened at 2:30 P.M. Mr. Auerbach, Mr. Joe Medlin and Mrs. Jane Fonvielle returned to meeting to conclude discussion. Mr. Marks stated riss Hall can use some of her staff to work up AFDC cases only. Mr. Marks moved, seconded by Mr. Harriss, that ~he Board authorize Miss $all to proceed with her staff on an overtime basis for this project only for the AFDC cases only at a cost not to ex- ceed $500, funds to come from unspent salaries. Mr. Marks stated a lot of ~ime has been spent on this study; Mr. Medlin has spent about two years working on it. Answering Mr. Hall's ques- tion, Mr. Marks stated it would not entail any Surther obligation on the part of the Board - of Commissioners. ' Mr. Williams stated he was skeptical; he has seen much spent on studies that have not been implemented and he has serious questions at this time, Vote was called on motion; it carried four to one. Mr. Williams voted "No". ~ 6J~ MINUTES OF THE MEETING - JUNE 7, 1971 -(CONTINUED) - ENFIRONMENTAL HEALTH APPROPRIkTION HB 794 - Dr. Knox was present to discuss this subject. The Commissioners were interested in knowing specifically what the grant funds would be spent for. Dr. Knox stated he had no way of lmow- ing the answer to this; environmental health services cover so ma~y areas. He investigated but only information he could get was that the full grant would be received by the counties. Dr. Knox stated he did not lrnow how the amount of ~558,90o will be distributed. Mr. Williams expressed feeling that he would like to see any portion o£ this grant re- ceived by the County spent for landfills but was reluctant to endorse it without more speci- £ics of what it is to be used for. Mr. Williams was of opinion if priorities could be estab- lished locally this would be fine. Mr. Harriss read letter from the North Carolina Publ.ic Health Association. Mr. John Jordan who is a lobbyist for the Association had this bill introduced and would like the Com- missioners write letters to the le~islature in two phases; stating specific problems county faces and how bill will help solve them. Mr. Harriss stated Dr. Knox can guide the Board on top needs in the county. Mr. Harriss stated it might be well to get Dr. Knox to furnish his ideas and he, Nr. Harriss, pass this information,.along with ideas from the Commission, to the legislature. Mr. Williams suggested that by comm with the Executive Director of the N. C. mation on the use of the monies proposed he feels he should do so, and afterwards endorse that the Clerk to the Board poll of endorsement. • ~n consent the Board authorize the Chairman to check Commissioners' Association to get additional infor- and the Chairman of the Legislative Committee, if if he feels that it is something the Board should the Board members for authorization ,to write letter Mr. Harriss stated if this were going to be done the Board mi~ht put it of£ until the next meeting. Mr. Harriss was of opinion his suggestion of a letter should be followed. Mr. Hall moved, seconded by Mr. Hall, that the Board write its approval for the utili- zation of this money and request ous share oP it. Motion carried unanimously. Mr. Williams abstained from voting. Mr. Marks moved, seconded by Mr. Harriss, that Mr. Williams be permitted to abstain from voting on the motion. -Motion carried unanimously. SALARIES - SANITARY AIDS Sanitary Aids for the landfills were discussed.. Dr. Knox stated Mr. Bowden had stated to him there should be four employees instead of the two authorized at last Board meeting, two of which would be more or.less gate keepers at the landfills. Mr. Bowden felt these were needed to see who comes in and whether they had or needed permits. Presently there is a man at Carolina Beach who operates Count9's bulldozer, but he cannot bheck on who brings trash'in. Dr. Knox stated there is a need for one man to go out and check on trailer parks, etc. Landfill on the Military Cut-Off is operated under contract with Mr. LeRoy Hooks who requires supervision and the County has to use its dragline to dig trenches because Mr. Hooks does not have equipment to do so. Dr. Knox stated the Health Department is responsible to help select suitable sites £or ~ sanitary landfills and to see they are operated in an acceptable sanitary manner. Mr. Hall stated some people were hauling for others without paying for the use of the landifll. Mr. Hall stated this is where the third man is needed, to check on such things. Mr. Fox stated the Commissioners are authorized by statute to grant franchise in con- trol of trash collectors and to regulate the fee charged therefor, and Cumberland County does this. New Hanover County has never sought authority to act under this act. Mr. Fox stated the County can designate anyone it wishes to collect the fees. Mr. Oxenfeld was of the opinion the County should look very seriously into possibility of a franchise operation and consider seriously going to franchise. Mr. Oxenfeld suggested that when Mr. Bowden returns he contact some o£ the franchise op.erators in other areas. Mr. Harriss asked Dr. Knox if he feels arrangement with contractor at Military Cut-Off is satisfactory. Dr. Knox stated this landfill has been swamped with demolition materials. Also, Mr. Hooks uses a small machine. Dr. Knox stated he has a No. 150 machine and No. 1'75 machine there. The 1']5 would do the job without putting in an extra machine. Mr. Hooks was guaranteed 24 hours per week but he has run it up to 30 hours. One of the machines does not have a clock so it cannot be timed. Dr. Knox stated the County needs someone to check on this person. Dr. Knox stated one of Mr. Hooks' machines broke down recently. Mr: Marks pointed out a minimum of hours was promised but not a maximum. Mr. Marks sug- gested Dr. gnox proceed to employ the two men already authorized promptly, and when Mr. Bowden gets back the other person be selected to go over the County. Dr. Knox stated a per- son from the State Personnel Department will be down very shortly to make study of jobs like these and requested the Board bear with him until he can determine what these men should be paid. Mr. Harriss stated Dr. Knox is burdened with these administrative matters which are obviously becoming more complicated, and he wished to state to the other members of the Board and public the Board o£ Health did last Wednesday authorize procurement of an Ad- ministrator for the Aealth Department, position to be budgeted in the 19'71-'72 budget at a salary sufficient to procure a man of the caliber needed who would take the administrative burden off of Dr. gnox and permit the Health Department and County of New Hanover to get the full benefit of his direction as the head of the Health Department in a policy making posi- tion rather than in a purely administrative position. The Board of Health concurs and Dr. Knox concurs also. Mr. Harriss stated he felt the arrangement will bring about a much happier result in the long run. Mr. Williams suggested the.chairman appoint a committee to study possibility of franchi- sing collection of trash in the unincorporated areas of the County and study whether the County should operate the landfills and whether it would be to the County's advantage to receive bids on the operation and come back with concrete recommendations. Mr. Harriss stated Mr. Bowden is doing this. Mr. Williams was o£ opinion the County is not making pro~ress and felt Mr. Bowden should be working with a committee. , 6JJ MINUTES OF THE MEETING - JUNE ~, 1971 -(CONTINUED) - SALARIES - SANITARY AIDS - (CONTINUED) - Mr. Hall stated Mr. Bowden has idea under way. By common consent matter was deferred un- til Mr. Bowden returns. APPOINTMENTS MENTAL HEAZ,TH ADVISaRY BOARD - Mr. Marks presenLea 1~eyort of Nomination Committee of the Mental Health Advisory Board and moved, seconded by Mr. Hall, that the first three names on list; namely, Mr. Talmage Page, Mr. Johnny Metts, and Mr. Quintel Smith,.be written advising them they have been recommended to serve on the Mental Health Advisory Board, for four year terms, beginning September 1, 1°,71 and ask them if they would accept appointment. Motion carried unanimously. It was pointed out the members whose terms will expire are not eligible for reappointment. COMMUNICATION ON r~rARATION AND PRESENTATION OF FINANCIAL STATEMENTS FROM LOCAL GOb~ruvrlENT COMMISSION - ' ~ Mr. Marks callea atiLenLluu to above communication and suggested copy be £urnished Clr. Shepard. By common consent this was agreed to.. RESOLUTION CI,ARIFYING FORMER AIRPORT EASII`1ENT - Mr. Westbrook advised that Mr. Bill Huffine, Realtor, had requested the Board of County Commissioners release an old abandoned power line easement on a tract of property bordering Smith Creek, 23rd Street and the SCL Belt Line which was abandoned approximately fifteen years ago. Mr. Westbrook advised he had a letter from the FAA giving their permission to do so. Mr. Fox suggested the County make sure it has all the avigation easements it needs before accomodating land owners by releasing any easement it may have. Mr. Fox said this is a matter of policy. It was pointed out, however, the County did have to pay the owner of land here involved a substantial sum for avigation easements about a year ago. Mr. Fox read the easement agreement which stated if and when power lines are no longer needed the9 may be removed whereby easements and right-of-ways for such utilities shall in all respects cease. Mr. Westbrook stated power lines and poles have been removed and right-of-way is grown up. Mr. Fox advised it is unnecessary £or the County to take any:action, however if the pro- perty owner desires the County to take action, the County can decide whether it wants to accomo- date them or not. B~ common consent the Board requested Mr. Westbrook to in£orm Mr. Huffine that it is the opinion of the County Commissioners that the County does not now have an ease- ment; it has been abandoned. Later in the meeting Mr. Auffine appeared saying everytime title to this property is searched it takes time to get it cleared due to this easement and if the Board would give him a resolution releasing the abandoned power line easement on a tract of property bordering Smith Creek, 23rd Street and the SCL Belt Line, it could be recorded and eliminate this pro- blem. Mr. Williams moved, seconded by Mr. Marks, that the County 'considers it has abandoned possession of the easement on the property in question. Motion carried unanimously. Mr. Iiuffine will be furnished certified excerpt of this portion of the minutes. MOTOR VEHICI,ES ON STRAND AT BEACHES - Mr. Fox was requested to speak on this subject. Mr. Fox stated he felt the County can regulate the motor vehicles on the strand at the beaches under general ordinance provision. The Town of Wrightsville Beach sent Mr. Bowden a copy of their ordinance and suggested county enact some ordinance that would prevent-general usage of vehicles on the strands but permit them for shell collectors and fishermen to get to remote areas. Mr. Fox pointed out it will be a very difficult ordinance to enforce. Mr. Harriss read letter received from an individual requesting something be done about this be£ore someone is injured. The matter was taken up with Carolina Beach and a letter from Mr. Ray Funderburk, Town Manager, advised the Town Council had discussed it. Carolina Beach has an ordinance prohibiting operation of vehicles on the dunes or strand within the corporate limits and set out a list of suggestions to be considered prior to county passing an ordinance prohibiting the use of vehicles on the dunes and strand. Mr. Oxenfeld moved, seconded by Mr. Hall, to consider passing of an ordinance to prohibit beaches. Motion carried unanimously. that a public hearing be held Tuesday, July 6th, motor vehicles on the dunes and strands of the LATE LISTING PENAI,TY Mr. Larry Powell, Tax Supervisor, advised he had been requested to ~raive late listing penalty in connection with the 19']1 property tax listing of Foxhill, Inc. The owner had advised the reason for late listing was due to waiting for valuations which had been discussed with Mr. Raymond Blake. Mr. Powell recommended the penalty not be waived. ` Mr. Hall moved, seconded by Mr. Oxenfeld, that the request be denied. Motion carried unanimously. LICENSING OF PLUMBERS - Mr. Louis Smith, Plumbing Inspector, discussed 1 City is the only one that has a State Zicense. There adopted the State Code and the 6tate says whether you or not is up to the local authority. Mr. Smith had a Plumbing Associations are trying to get State license ~censing of plumbers. Mr. Smith stated was a County license until the County have a City ordinance on a journeyman letter from Mr. Finley Lee saying the throughout the County and State. Discussion was held on rrhether to prohibit someone to do minor repair in their homes. Mr. Smith stated this is permitted in the State Code. Also, Mr. Smith stated the County would recognize any license from any other counties that had a journeyman license. By common consent it was agreed each Commissioner will be furnished copy of amendment to plumbing regulations adopted by the Health Department on March 4, 1970 for study before their next meeting and copy of Mr. Lee's letter with proposed legislature. 656 NINiTTES OF THE MEETING - JUNE 7; 1971 -(CONTINUED) - DECISION ON APPROVAL OF REPORTS FROM DAVE ADAMS (COASTAL ZONE RESOURCES) - Mr. Harriss advised the Board has a request that it express approval or disapproval or acceptance of report of the Coastal Zone Resources from Dave Adams. Mr. Williams moved, se- conded by Mr. Hall, that the Board authorize the Chairman to write a letter expressing our general approval of the report, but pointing out the Board's strong feeling that elected lo- cal officials should be included in any group having zoning authority. Motion carried unanimously. • ELECTRICAL INSPECTION FEE SCHEDULE CHANGES FOR NEW HANOVER C~1NTY - Mr. Harriss advised Mr. Bowden had recommended the Electrical Inspection Fee Schedule for the County be changed to coincide exactly with that o£ the City. Mr. Hall moved, seconded by Mr. Oxenfeld, that the County Electrical Fee Schedule be changed to coincide with the fee schedule of the City. Motion carried unanimously. A.B.C. PERMIT REQUESTS - The following A.B.C. Permit Requests were presented to the Board: Eastside Grill, 16 So. Tenth Street and Davis Curb Market, 505 Greenfield Street. Mr. Oxenfeld moved, seconded by Mr. Williams, that the applications be referred to the Sheriff's Department for investigation and recommendation. Motion carried unanimously. ENDORSEMENT COURTHOUSE HOURS - Mr. williams moved, seconded by Mr. Oxenfeld, that Courthouse hours, and all other of- fices now observing Courthouse hours, be changed to eight A.M. to five P.M. beginning Mon- day, June 14. Motion carried unanimously. CLEAN-UP FEE FOR USERS OF COURT ROOMB AFTER BUSINESS HOURS - Mr:: Hall moved, seconded by Mr. Oxen£eld, that a fee of $10 be charged for anyone using the court rooms after office hours. Motion carried unanimously. REQUEST GOVERNOR APPOINT ELECTED MEMBERS OF LOCAL GOVERNING BOARDS TO GOVERNOR'S COMMITTEE ON LAW AND ORDER - Mr. Williams stated the Governor's Law and Order Committee is a worthwhile program but at times it has taken a turn that causes him and a number of other people concern. There are by statute 24 members of the committee. •As of this date, and unless someone has been appointed since last week, there is only one elected governin~ board member from cities and counties serving on the Governor's Law and Order Committee. This committee dictates the policy board makeup of local planning units. It dictates the executive board makeup and establishes policies which must be followed in many cases by local governing boards in the 100 counties o£ North Carolina. Briefly, part of the requirements are: The Regional Policy Board and Executive Board are organized in conformance with current committee policy. They have recently, in memorandum #35, sent to all planning units not a request but an order that the policy board and executive committee makeup must conform to their requirements as enumerated, and in order to make ap- plication for a planning grant you must certify that you have done what they have dictated that you do; you must change your by-laws not by local determination but because they say this is the way it is going to be. . Mr. Williams moved, seconded by Mr. Hall, that the Governor be written a letter strongly recommending that the Governor's I,aw and Order Committee be increased substantially by the appointment of elected governing board members from cities and counties throughbut the State with a suggestion that at least one-third of the Governor's Zaw and Order Committee be made up of local elected governing board members and that the Governor seek an amendment to the General Statutes to allow such appointments, copy of letter to go to appropriate members of the General Assembly and.others and Mr. Morrisey. Motion carried unanimously. Mr. Wil- liams requested Mr. Williams assist in writing the letter. CONTRACT WITH MUNICIPALITIES FOR COLLECTION OF TAXES - Mr. Fox advised he had furnished Mr. Bowden proposed act to permit New Hanover County to contract with the municipalities located therein with regard to collection of taxes. This act would repeal present local law pertaining to City-County tax oYfice. The bill, as drawn, is substantially predicated upon the Wake County-Raleigh legislation except our county has expanded the concept that was used there to permit contractual relationships between multiple entities. Mr. Fox stated if the Board wants to go forward with this, it should go off promptly with request the legislators pass this. This was recommended by Mr. Henry Lewis who clearly felt the county could add Tax Collection Department as County personnel and clearly have authority to cont~act with other municipalities the collection of taxes. The City of Wilmington has indicated its general approval. This would streamline tax colle-etions which has been needed for a long time and would give line control. Also, it would separate water and sewerage collections from tax collections. This would simplify work in the office. Mr. Williams moned•, seconded by Mr. Marks, approval of the dra£t and also a recommenda- tion from this Board to our representatives in the General Assembly that it be enacted into law during this session of the Assembly and with a suggestion that the Chairman and Mayor write a joint letter in support of it. Motion carried unanimously. ORDINANCE - "TOPLESS" DANCERS - Mr. Harriss discussed ordinance prohibiting "topless" dancers. Ordinance is same as 4Jrightsville Beach has adopted which was drawn substantially in the same form as the Raleigh ordinance. Mr. Williams moved, seconded by Mr. Marks, that a public hearing on the ordinance be held at the Commissioners' next meeting on June 21, 1971. Motion carried unanimously. REQUEST FROM CITY PARKS & RECREATION FOR HaLDING FIRE WORKS DISPLAY AT LEGION STADIUM, JULY 5TH - Mr. Oxenfeld moved, seconded by Mr. Marks, that the request for fire works display on July 5 at 9:00 P.M. at Legion Stadium be approved, if our Attorney rules that the County would not be liable for any.actions resulting from this event. Motion carried unanimously. Mr. Fox stated to the Clerk on June lOth the County will not be liable. FORT FISHER SHORE LINE - Mr. Harriss advised a statement has been made by Senator Jordan before the Public Works Subcommittee of the Senate Appropriations Committee concerning erosion of Fort Fisher's shore- line which if permitted to continue, the Fort Fisher historic landmarks will be lost forever. Senator Jordan advised the Committee that the District Engineer could effectively utilize $50,000 to initiate preconstruction planning on this project during Fiscal Year 1972 and hoped the subcommittee will recommend approval of this amount. , , sJ~ MINUTES OF TFiE PIEETING - NNE ~, 1971 -(CONTINUED) - FORT FISHER SHORE LINE - (CONTtivu~D) - Mr. Williams moved, seconded by Mr. Oxenfeld, that the Chairman be authorized to write Senator Jordan endorsing his statement. Motion carried unanimously. HOOK'S WRECKING COMPANY - Mr. Hall moved, seconded by Mr. Oxenfeld, that the County pay Mr. Hooks for services rendered through month of May 31 in amount of $2,192•00 after he has satisfied the Chairman reason for using second machine; whether it was due to breakdown or influx of business. If caused by influx of business the County has no alternative but to pay: Also, Mr. Hooks be requested to use machine large enough for the job. Motion carried unanimously. BUDGET ITEM - At Mr. Hall's request and by common consent it was agreed engineering services be included in Budget Folder for discussion. COMPOSITE ABC BOARD MEETING - Mr. Hall reminded Mr. Harriss of ineeting of the Composite A.B.C. Board on Tuesday, June 8, at 2:30 P.M. • EMERGENT CAR FOR SHERIFF'S DEPARTMENT - The Sheriff's Department rec~uested a car on an emergency basis due to required school pa- trol. Mr. Williams was not inclined to furnish additional car at time when one is already tied up 24 hours per day and county is paying for another one which is tied up for same number of hours. Mr. Hall moved, seconded by Mr. Harriss that the additional car be authorized, subject to the approval of the County Attorney for method o£ acquirement, with flop down light rather than standing light, funds to come from Unanticipated Revenue, Certificate of Deposits. Mr. Oxenfeld was concerned as to whether it is necessary for the car to be used on a 24 hour basis. Mr. Harriss pointed out time .it takes to get a car ready to go when Chie£ De- puty is called when off duty. Vote was called on motion. It carried three to one. Mr. Williams voted "No". Mr. Marks had been excused from the meeting prior to this discussion. ADJOURNMENT - 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, HS/by Hazel Savage Clerk to the Board MINUTES OF THE MEETING -(SPECIAL MEETING) - JUNE 9. 19~1 - 2:15 P.M. - ASSEMBLY Special Meeting of the New Hanover County Board of 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. Williams, Commissioner J. M. Hall, Jr., and Hazel Savage, Clerk to the Board. WAIVER OF NOTICE OF HEARING - Mr. Hall moved, seconded by Mr. Williams, that the formal three days notice be waived due to emergency situation and this be a constituted meeting of the Commissioners. Motion carried unanimously. PURPOSE OF MEETING - Mr. Harriss stated purpose oY meeting is to consider whether there is an emergency situa- tion existing which necessitates by-passing the provisions of the Machinery Act for purchasing County equipment. From information received, from sources that the Board if unable to reveal at this time, it appears that a serious threat to the school buildings in our County from destruction by arson and other vandalism does exist, and this serious threat constitutes an emergency which necessitates the guarding o£ these schools by placing guards on the premises and by maintaining a motor patrol of the schools during the night time hours particularly. Mr. Harriss stated the Sheriff of New Hanover County has informed this Board that his department requires an additional patrol car to meet this emergency, and Mr. Harriss offered the following resolution: From information received, the New Hanover County Board of Commissioners £inds that an emergency exists pertaining to protection of our school buildings, which emergency involves the health and safety of the people of New Hanover County and their property. The Sheriff of New Hanover County has informed this Board that he requires an additional patrol car to meet this emergency. Therefore, be it resolved that the New Hanover County Board of Commissioners, under powers granted in General Statute, GS 143-129, hereby suspends the usual provisions regarding adver- tising and receiving of bids on purchases of this type of equi:pment. and authorizes the direct purchase of the necessary equipment by informal bids without process of advertising formally. Be it further resolved that the Chairman of the Board of Commissioners of New Hanover County is hereby authorized to award the contract for the purchase of the vehicle to the lowest bidder meeting the specifications. Mr. Hall moved, seconded by Mr. Williams, the adoption of the foregoing resolution. Mo- tion carried unanimously.