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1967-07-17 Regular MeetingI~ MINUTES OF JOINT MEETING CITY COUNCIL AND CON~7ISSIONERS July 10, 1967 4:00 P.M. At a~oint meeting between the Board of Commissioners and the City Council there were present the following: Chairman Joseph W. Hooper, Vice-Chairman Laurence 0. Bowden, Commissioners John Van B. Metts, Jr., M. H. Vaughan, and County N~nager J. E. N~rshall. From the City, Mayor O. O. Allsbrook, Mayor Pro Tem Charles Harrington Councilmen Alex Fonville, John Symmes, City Attorney Cicero Yow, and City Manager E. C. Brandon, Jr. From the Committee of 100, Mr. Hugh Branch and Mr. Mike Brown. The meeting was called to order and the stated purpose of the meeting was to discuss the establishment of a Water Authority for all of New Hanover County. Mr. Yow explained that he and County Attorney L. Bradford Tillery had been in conference about this matter and that they had been in contact with Mr. Easterling of the Local Government Commission and he had suggested that a meeting be held with the Bond Attorney from New York, City and County representatives and himself to further explore the legal aspects of the question. Following a brief discussion of this matter, Mr. Symmes moved, seconded by Mr. Metts, that the Mayor and Chairman be authorized to appoint or act as a committee to meet with Mr. Easterling, the attorneys, and the Bond Attorney in Raleigh to further discuss this problem. Motion was carried. By common consent it was agreed that a~oint meeting be set for Tuesday, July 11, 1967 at ~:00 P.M. for the purpose of.budget discussions. - There being no further business, Mr. Metts moved, seconded by Mr. Harr3ngton, that the meeting be ad3ourned. Motion was carried. , . J. E. Marshall, County Manager ~- BUDGET P~IINUTES BEGIN ON PAGE 1S5 Minutes of the Meeting - July 17, 1967 ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date at 8:30 A.M. in the Commissioners~ Room with the following members present: Chairman Dr. Jos. W. Hooper, Commissioners John Van B. Metts, Jr.; M. H. Vaughan, J. M. Hall, Jr., County Attorney L. Bradford Tillery, County Manager J. E. :'farshall, and County Auditor Perry Shepard. Vice-Chairman Laurence O. Bowden was out of town. INVOCATION - After calling the meeting to order, and in the absence of the scheduled minister, the Chairman asked the County Manager to give the invocation. APPROVAL OF MINUTES - For the meeting of July 3, 1967 under the Paragraph Civil Service it should be corrected to read as follows: "By common consent the County Manager was asked to investigate the Civil Service as it exists and make recommendations on problems that may have occurred or might be incurred and further, to check by letter with the Aoricultural and Economics Department relative to an agreement with them and the county as to the hiring of personnel in accordance with the County Personnel Plan." Under the item headed Redevelopment Pro~ject the word "school" should be inserted just after the ~•sord '~the" and before the word "population". Under the heading Statement From Brown Herring Truck & Tractor Company the last sentence should have added to it following the word "Board" "to the effect the County must be protected by a repurchase provision." Followinc~ the above corrections, Mr. Metts moved, seconded by Mr. Hali, that the minutes be approved as corrected. ~ For the minutes of the Joint Meeting of July 10, 1967 with the City Council, Mr. Metts moved, seconded by Dr. Hooper, that the minutes be approved as transcribed. Motion was carried. COUNTY AUDITOR~S REQUEST - Requests were presented from the County Auditor relative to the closing out of t'he books for the fiscal year 1967 in order to make each department's budget balance. A11 were inter- departmental transfers with the exception of the Tax Listing Department. The transfers are as follows: To the Airport Lights and Power $506.09, Janitor~s Supplies $2.11}, Labor from Farm $87.00; from Runway Evaluation and Gas and Oil Resale $595.23. To the Auditor~s Office Bonds $58.00, Stationary and Supplies $215.26; from Repairs and N'raintenance of Equipment $27l}.26.~ To Building Inspector Telephone $38.51, Salaries $5l}.08, Travel $108.1}6; from Salary E1•ectrical Inspector $201.05. To Clerk of Superior Court Binders and Record Books $138.50. Fees Insane $10.00, Repairs and Naintenance $73.00, Telephone $l}5.71, Capital Outlay $32.75; from Salaries ~299•96. To Commissionerst Advertising $99.53~ Stationary and Supplies $127.57, Telephone ~78.59, Travel $202.1}7; from Salaries County Manager $330.OIE.and Salaries County Commissioners $178.12. To County Aid, National,Rivers and Harbors $21.31, Community Services Consultant Telephone $29.11; from Bookmobile $50.42. To Drainage Salaries $69.92; from Clothing and Boots $69.92. To County Farm Lights and Power $1$0.75, Fuel $96.84, Groceries $(}23.28, Medicine $51.78, Repairs and Maintenance $231.58; from Repairs and Replacement of Buildings $954•23• To Court House Ice $7.10, Janitorial Supplies $283.48, Salaries $50.00; from Fuel $340.58. To Jail Bedding and Linen $11.84, Janitorial Supplies $41.1~9, Repairs to Building Equipment $0.33, Telephone $10.6$, Salaries $132.53; from Groceries $100.61, Laundry $31.92, Stationary and Supplies $6.41, Cras $10.65, Clothing $11.84, Medical $35.41. To Hugh h9acRae Park Lights $96.11, Salaries $O.OI~.; from Repairs Maintenance and Equipment $96.15. To Museum Stationary and Supplies $16.28, Capital Outlay $9.82; from Travel $7.60, Telephone $10.93, Exhibit Rental $0.76, Janitorial Supplies $1.80, Salaries $0.20, Unanticipated Revenues $4.81. To Recorders Court Repairs and ~ \ i '~ Ninntes of the Meeting - July 17, 1967 (Continued) COUNTY AUDITOR'S REQUEST (CONTINUED) ' Maintenance $22.75, Telephone $32.14; from Capital Outlay $54•89• To Register of Deeds Repairs to Maps and Books $57.04, Telephone $28.53, Stationary and Supplies $98.1~8; from Salaries $181~.05. To Sheriff's Auto Expense ~937.69, Conveying Prisioners $5.60, Special Deputies $60.00; from • Salaries $1,003-29. To Superior Court Conveying P,ris4oners $7.60, from Telephone $7.60. To Ta~c Listing Travel.$247.~6, Salaries $929•96, Stationary and Supplies $1,24lE.23; from Capital Outlay ~549.75, Salaries Extra $898.68, Advertising $32.07, Auto Allowance Assessor $172.65, Dues $16.00, Repairs and Maintenance $66.59, Rent $40.00, State Auto Registration $54•Ci9; Telephone $61.97, Unanticipated Revenue $579.55• To A&E Labor from Farm $231.00, Supplies $40.67; from Fuel $225•57, Dues and Subscrip±ions $l+6.10. Follo~•rine a revieid of this Ns. P".etts moved, seconded b;~ Dr. Heoper, that pursuant to the corrections recommended by the County Auditor; the transfers be made. AGREEMENT, H. GRP.Y HUTCHISON 8 ASSOCI.~`T_E5 - An agreement for services from the firm of H. Gray Hutchison 8 Associates was presented by the County Manager relative to the o?d retirement system for New Hanover County. The purpose of the agreement was for acturarial services on July ], 1968. Fo1loti~ing a discussion of this Mr. Hall moved, seconded by Mr. Vaughan, that the agreement be amended to reflect that the services.will be for a year and applies to the fiscal year 1957-68. The County Attorney tr.~as instructed to prepare necessary wording to make this amen~ment. Motion taas carried. SCHOOL INSPECTION - Following a discussion of school construction costs in New Hanover County as opposed to~other areas, Mr. Vaughan moved, seconded by Mr. Hall, that the Chairman of the Board of Commissioners write to the Chairman of the Board of Education and point out that tiJhiteville recently completed a twelve (12) classroom school for approximately $300,000 as compared to the estimated cost of the fifteen (15) classroom school at Pine Valley which will cost $I.}75,000 and would also lilce to point out that the architects are the same for both schools, and the Commissioners would like to be ad~~ised the basic difference in the construction costs. Niotion was carried. ATIANTIC COAST LINE HEARIniGS, COUPdTY ATTORNEY - County Attorney L. Bradford Tiliery reported that the Atlantic Coast Line has filed papers with the 'Interstate Commerce Commission to be relieved of the present Trains 42 and !}9 Pass- enger Service into and out of LJilmington. He stated he would like to know if it is the intent of the Board of Commissioners to become a party to the ICC Hearings and if so, he suggested that Mr. ~nlilliam Hill be appointed as private counselor to represent the County. Follouiing a discussion of this Mr. Hall moved, seconded by Mr. Va+sghan, that a)etter be prepared by the County Attorney, and signed by the Chairman, advising the Assistant Attorney General in the Justice Department in Raleigh and also the General Counsel for the North Carolina Utilities Commission that iVe~.,r Hanover County has a continuing interest in this matter and would like to knora if New Hanover County can be of any assistance in this particular case. Motion was carried. JOINT PLANNING - County Attorney L. Bradford Tillery discussed the proposed Ordinance which had previously been provided the Board Nembers establishing th.e Joint Planning Commission between the City of tdilmington and A~ew Hanover County. Following a brief discussion of this, Mr. Vaughan moved, seconded by Mr. Metts, that the foilowing ordinance establishing the Wilmington-Nea~ Hanover County Planning Commission be adopted upon the recommendation of the County Attorney: ORDINANCE AND RESOLUTIOAt ESTABLISHING ' WILMIPdGTOI~r-A?El~! HANOVER PLANNING COMMISSION BE IT ORDAINED AA~D RESOLVED BY THE CITY COUNCIL OF THE CITY OF UJILMINGTON AAID THE BQARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY: Section 1. FINDING AND DECLAR,4TION OF A1ECESSITY. The City Council of the Cit~ of Wilmington and Board of County Commissioners of New Hanover County, herein called 'Governino Bodies", hereby find and declare that, it is a governmental necessity that a planning board be established and maintained in New Hanover County, including the City of Wilmington, pursuant to the provisions of General Statutes, Section 160-22 through 160-2l~, and that the expense of same will be necessary expense. Without limiting the generality of the foregoing, it fs especially declared and found that plans, investigations, surveys and recommendations by such a board are r.ecessary in order that the officers, agents, employees and governing bodies may competently perform their duties. Section 2. ESTABLISH~EII~T OF PLANNING BOARD, DUTIES. There is hereby established a board to be known as the GJilmington-New Hanover Planning Commission. Its duties shall be to make carefui study of the resources, possibilities and needs of the city, particularly v~ith respect to conditions which may be injurious to the public welfare or otherwise injurious and to make plans for the development of New Hanover County, including the City of Wilmington, but excluding all incorporated towr~sin New Hanover County other than the City of k~ilmington. In connection with the performance of its duties, the board shall make or cause to be made such surveys, investigations and compilations of facts as it may deem useful or necessary. Amono other thinas, ft shall from time to time consider the des'irability of the extension of the limits of the City of l~liimington, and if it finds such extension to be desirable, it shail prepare and present to the City Council a program of extension with a statement of the reasons for the same. Pteither the Board of Commissioners nor the City Council shall, nor shall any official of either body, approve any subdivision development which is subject to the jurisdiction of either body without first presenting the same to the board and receiving its recommendations. If no recommendation is received within sixty (60) days, it idill be presumed approved. ~ From time to time and at least once each year, the board shall report to the governing bodies, giving information regarding the condition of NeG~ Hanover County, including the City of l~filmington, and present any plans or proposals for the development of New Hanover County, including the City of Ulilmington, which it desires to submit together with estimates of the cost of the same. Section 3. QUALIFICATIONS FOR MiEMBERSHIP, TERMS OF OFFICE. The Board shall consist of ten (10) members, all of whom shall be residents of New Hanover County, North Carolina, and in addition thereto, two ex officio members, who shall be the City Manager of the City of Wilmington and the County Manager of New '~ Hanover County. The ex officio members shall serve in an advisory capacity only and shall not have a vote. Five (5) members of such Soard shall be appointed by the City ~~~ tsinutes of the meeting - July 17, 1967.(Continued) JOINT PLANNING (CONTIPIUED) - Council of the City of Wilmington, and the other five members of such Board shall be appointed by the Board of County Commissioners of New Hanover County. For the first board, each governing body shall appoint one member whose term ~aill end August 1, 1968, tUro members whose terms will end August 1, 1969, and t~ao members whose terms will end August 1, 197~• Thereafter, the terms of all members appointed by each governing body shall be three years, except that in case of a vacancy occurring durino a term the same shall be filled by the governing body having authority to make such appointment for the unexpired portion of such term. Any appointed roember of the Board may be removed at any time U.~ith or without cause by the governing body having authority to appoint such member~s successor. The members of such Board shall serve without pay. Section 4. ORGANIZATIOnd, OFFICERS, RULES, MEETINGS. The first board shall meet for the purpose of organization as soon as reasonably possible after its creation on joint call from the Mayor of the City of Wiimington and Chairman of the Board of County Commissioners. The Board sha11 elect its own officers and shall adopt such rules as it shall see fit for the transaction of its business; however, ther¢ shall be no secret or executive sessions. A copy of such rules shall be filed with the City Clerk of the City of Wilmirgton and with the County Manager of New Hanover County for inspection by interested parties and shall constitute public records. The board shall hold resular meetings and the same shall be open to the public. The board shall invite and receive suggestions from the public concernir.g any and aii matters within the scope of its duties. It shali keep minutes of its meetings. in which shail. be recorded all action taken by it on a11 matters that it considers. Such minutes shall be public records. Section 5. BUDGETS. As soon as reasonably possible after its organization; the first board shall prepare and present to each governing body an estimate of its monetary requirements until the end of the current fiscal year of each governinc~ body, shovaing in detail the various purposes for which the money will be needed. The governing bodies, after making such modifications as they see fit, shall approve the budget for the board for the fiscal year beginning July 1, 1967. Thereafter, the board shall annually file with the City Manager and the County Manager an estimate of its requirements for the ensuing fiscal year and such other information as such officials, or either of them, may need in connection with their presentation to the governing bodies of the budget estimate required by law. Money appropriated to the board shall not be paid to it in a lump sum, but shall be disbursed as are other joint City-County funds and in accordance with the regular course and practices of the City of Wilmington and New Hanover County. Section 6. ADDITIONAL MUNICIPALITIES PARTICIPATING. Provided, however, nothing herein before set forth shall be construed to prohibit the inclusion of any municipality in New Hanover County from participating in the Wilmington-A~ew Hanover Planning Commission and receiving the services herein provided, under such terms and regula~.ions as may be provided by the appropriate legislative bodies. Adopted this 21~th day of July, 1967. CITY OF WILMINGTON /s~ 0. 0. Allsbrook Mayor Attest: ~s~ Claire Hughes City Clerk Adopted this 17th day of July, 1967, 1VEW HANOVER COUNTY ~s~ Jos, W. Hooper Chairman, Board of Commissioners Attest: ~s~ J. E. Marshall Clerk to the Board :# ~ Motion was carried unanimously. TRASH DISPOSAL , County Attorney L. Bradford Tillery stated that he had discussed with the City At.torney a proposal for the County residents using the proposed new Trash Disposal Site on the Fltlantic Coast Line Properties and others. Further, that the proposal from the City vras that the County pay to the City a fee of $10,000 per year. A general discussion was then held on this matter. Following the discussion, Mr. Hall moved, seconded by Dr. Hooper, that the County express to the City that the County is interested in the proposition proposed by the City as to trash disposal and that it is the feeling of the Board that the caretaker; namely, the City, charge certain fees as outlined from the Commercial haulers outside of the City Limits using the ne4~ garbage disposal site and that fees so collected be applied as a credit to the total bill to the County from the City. Motion was carried unanimously. Mr. Vaughan moved, seconded by Dr. Hooper, that a letter be written to the Health Department ~ and advise them of the action of the Board relative to the Trash Disposal and inquire as to whether this action meets the needs of the County Trash Disposal problem. Motion was carried. ' \ i~ ~inutes of the Meeting - July 17, 1967 (Continued) At this point a five minute recess rras declared by the Chairman. Neetin~ was reconvened. JURY COMMISSION - Clerk of Superior Court, James McKeithan, appeared before the. Board relative to the Jury Commission. He stated that he had been able to obtain figures which; in his opinion, u~as a fair estimate as to the cost of establishirio the new Jury Commission. He made certain recommendations relative to salaries and other items of capital outlay to be purchased and used by the Jury Commission. He also mentioned to the Board the air conditioning in his office and also the bad air conditioning unit in the Recorders Court office. By common consent the Coanty ~anager was to check with Mr. McKeithan on this problem as well as the space problem for the deputies writing warrants. BILL FROM MR. JOHN SCHILLER County Attorney L. Bradford Tillery presented a bill from Mr. John Schiller, Attorney for the Tax Coliector's office, in the sum of $76.58 and explained that this represented a collection made for Sheriff~s fees regardino a Robeson County tax matter. Mr. Tillery expressed the opinion that this collection was separate from the duties which he normally performs under his functions as Attorney for the Tax Coliector's office and that payment of the bill was justified. Following a discussion on the above Mr. Metts moved, seconded by Dr. Hooper, that payment to Mr. Schiller as recommended by the County Attorney be approved, Motion was carried. JURY CON~7ISSION - By common consent it rras agreed that the appointment of a member to the Jury Commission by the.Board of Commissioners be scheduled for the Agenda fo'r August 21, 1967. BILL FROM CHERRY, BEI{AERT 8 HOLLA.IQD - A bill in the amount of $1,034.38 from the firm of Cherry, Bekaert & Holland for the analysis of Social Security Bank Account and State Withholding Bank Account for October 8, 1957 to March 31, 1967 and reconciliation of Bond and Coupon Accounts at Wachovia Bank 8 Trust Company and North Carolina National Bank and Trvst Company from July 1, 1965 through May 31, 1967 was pre- sented. By common consent it was agreed that an itemized statement on the above mentioned bill be obtained from the said firm. DRAINAGE DITCH - Mr. T. M. Batten from the Seagate Area, Azalea Heights, appeared before the Board relative to a drainage ditch. He explained to the Board in detail the problem he is experiencing with a particular drainage ditch that was put in by the developer in the area in which he lives. By common consent the County Manacer was instructed to check on this with Mr. Batten to determine if it is a County problem or a State Highway Commission problem or a pro~lem for the o~,~ner of the property. ADJOURIVNiENT - . There being no further business, Mr. Metts moved, seconded by Mr. Hall, that the meeting be adjourned. Nhtion ~aas carried. J. E. Marshall, County Manager Ninutes of the Meeting - August 7, 1967 RSSENBLY The regular semi-monthly meetine of the Aiew Hanover County Board of Commissioners was held on the above date at 8:30 A.M. in the Commissioner~s Room with the followine members present: Chairman Dr. Jos. W. Hooper, Vice-Chairman Laurence O. Bowden, Commissioners J. M. Hall, Jr., John Van B. Netts, Jr., M. H. Vaughan, County Attorney L. Bradford Tillery, County Manager J. E. Marshall, and County Aud+'tor Perry Shepard. INVOCATION - .4fter calling the meeting to order the Chairman asked Dr. J. Frank Davis, Pastor, St. Paul~s Lv±heran Church to give the invocation. APPP,OVAL OF .^;INUTES - Mr. Met,t~ moved, seconded by,Mr. Vaughan, that the minutes of Che meeting of July 17, 1967 be approved as transcribed. Notion was carried. APPRO?RIATIOA1 FOR AIR CONDITIONING UIVITS FROM JANlES UTALKER HOSPIT.4L - Cour.ty Manager N:arshall presented to the Board a request for an appropriation to cover the purchase of t~r~elve (12) air conditioning units to be used in the different county departments which had been obtained from James Walker Hospitai. Mr. Metts moved, seconded by P9r. Bowden, the purchase be approved and that an appropriation of $600.00 be made from the General Emergency Fund and each unit charsed to Capital Outlay in the different departments using the air con- ditioning units. Motion U~as carried. ROAD PETITIONS, CHAAIIEL HAVEAI SUBDIVISION, HORNE PLACE DRIVE AND COLLEGE ACRES - County Manager Marshall presented road petitions for the above three named areas and stated ~that from what he could ascertain they v.~ere in order. Nr. Vaughan moved, seconded by Mr. Hall, that the petitions named above be referred to the Highway Department for their consideration. ROAD PETiTION RESOLUTION - Masters Lane, Yorkshire Lane and Greenhowe Drive were presented to the Board for approval ' by adoption of a r¢solution. The resolution officially requests the Highm~ay Department to inc.lvde ~ the different roads requested by the petitioners in the Secondary Road System. j~ Mr. Metts moved, seconded by N;r. Bowden, that the followin5 resolution be adopted: