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HomeMy WebLinkAbout1967-11-20 Regular Meetingl.1 ~` Minutes of the Meeting - November 6, 1967 (Continued) PETIT JURY (CONTINUED) - Jurors For the Week Beainninq December 11, 1967 Koen,Pete H., 122 Bermuda Dr. Koltuniak,John Joseph, Rt. 1,Box 79BB,Cas.Hyn. Lane,Margueritte S., Rt. 1,Box 154,Cas.Hyn. Lanier,N.B., Rt. i,Box 203,Cas.Hyn. Latimer,H.G.,Jr., 407 CP&L Bldg.. Lofton,Alice Wood, 1015 Orange St. Melton,John R., 3821 Car.Bch. Rd. McCa11,W.H., 6913 wri. Ave. Millinor,Carolyn Williams,3502 Car.Bch.Rd. Morton,Cabot C., Rt. 1,Holland Dr., Cas.Hyn. Murchison,Charlotte, 1231 Fairway Dr. Neal,Mer1 C., Rt. 2,Box 393,W11. ~ CriminaT Term (Continued): ourt,Mrs. Carrie B., Rt. 1,Box 166,Wi1. Philemon,Daniel M., 2010 Perry Ave. Pierce,J.E., 5806 Roseland Dr. Puskas,Ernest James, 126 Bermuda Dr. Rivenbark,E.A., Rt. 1,Wrightsboro Rd. Rogers,"Robt.C., 235 No. 23rd St. Spencer,Mrs. Augusta B.,5i4 Princess St. Steenhuis,Bernice Hi1da,Box 17,Kure Beach Ti11y,Carrie M., • 707 Campbell St. Tsantes,Louis, 1}19 So. 3rd St. Turner,Paul T., 915 No. Kerr Ave.. Ward,James N~rvin, 2Q9 Bermuda Dr. Webb,A.C., Rt. 2,Box 315,Wi1. Jurors For the Week Beainninq December 11. 1967 Bordeaux,Hubert~H., 135 Holbrooke Ave. Brinson,Allan R., 1}O6 Dawson St. Cameron,Bruce B. c/o MacMillan & Cameron Cameron,Robt. F., P.O. Box 990,W11. Campbell,Lottie, 823 So. 6th St. Campbell,Willie, Rt. i,Box 265-B,Wil. Carter,Walter S.,Jr., 20!} Rose Ave. Cottle,Loranzo Bryant,Jr .,304 Coliege St. Cromartie,Willie M., 612 Church St. Eames,Phillip M.;Jr., l}618 Mockingbird Dr. Farrar,Jack B., P.O. Box 418,W11. Galloway,Robt.E., 110 Sunset Ave. Ha11,Gertrude, 1208 Charlotte St. Ha11,John, Box 809,Wi1. Hardiman,Callie B., Rt. 1,Box 82-B,Wil. Harris,Rofield, 706 Ann St. Harriss,Francies Green, 1701~ Chestnut St. Harvell,Everett L., Rt. 1,Box 7l},Cas.Hyn. Harvell,J.W., P.O. Box 37,Cas.Hyn. Harvell,Roy Stanley, Rt. 1,Box 273AA,Cas.Hyn. Hayduke,Joseph C., Rt. 1,Castle Hayne Hayes,Norbert B„ 13l} Jamaica Dr. Jackson,Clarence, 130 Bermuda Dr. Jordan,Levi P., Rt. 1,Box 180,Cas.Hyn. Jordan,Richard W., 529 Castle Hayne Rd. Joyce,Charies A., P.O. Box 104,W11. Joyner,Claudia B., 1936 Hudson Dr. Keel,Dorfina, Rt. l,Box 76,Wi1. Keith,R.A., 29 W hitman Ave. Krochmalny,Raymond, Rt. 1,Holland Dr., Cas.Hyn. Criminal Term: Lane,J.R., Lane,James F., Laney,Madge G., Larkins,Lula G., Leonard,Harold E., Leonard,Robt. Ray, Lettley,Charles, Lettley,James, Lewis,Alex, Lewis,Edward E., Lewis,Jerold W., Lewis,Joe, Lewis,Oscar T.,Jr., Lucas,Richard Lee, Marks, Nfrs. Rebecca, McQuillan;Dawson, Parks,Norman E., Raynor,James Ray, Richardson,J.H., Robbins,J.S., Schwartz,Frariz, Sellers,W.D., Smith,L.M., Sr., Smith,Maude, Smith,Will, Spivey,,1.C., Talman,George, Teague, M.L., Rt.•1,Box 154,Cas.Hyn. Rt. 1,Cas.Hyn. 8 son. s1va.,wt1. 110 Jamaica Dr. 131 Glendale Dr, Rt: 1,Box 232F,Cas.Hyn. Rt. 1,Box 81A,Wi1. Rt. 1,Box 82AA,Wii. Rt. 1,Box 13,wt1. ~Rt. 1,Box 1'18,Wi1. 218 Jamaica Dr. RFD 1,Box 188,Cas.Hyn. 213 Jamaica Dr. Rt. 1, Box 98HD,W31. 2720 Mimosa Place 711 Wooster St. Kure Beach Rt. 3,Box 139,wi1. 1115 Dock St. 2916 Monroe St. Gastle Hayne 210 Oakleaf Dr. 201 Tenn. Ave. 1501 Nun St. 808 50. bth st. 305 Church St. ' 919 So. 2nd St. 2510 Adams St. ~ ADJOURNMENT - There being no further business, Mr. Metts moved, seconded by Mr. Vaughan, that the meeting be adjourned. Notion was carried. ~ J. E. Marshall, County Manager Minutes of the Meeting - November 20, 196~ ASSEMBLY - " ' ~ The regular semi-monthly meeting of the New Nanover Connty •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. Joseph lA. Hooper, Vice-Chairman Laurence O. Bowden, Commissioners John Van B. Metts, Jr., M. H. Vaughan; County Attorney L. Bradford Tillery;•County'Manager J. •E. Marshall; and County Auditor Perry Shepard. • INVOGATION - After calling the meeting to order the Chairman asked Rev. W. A. Seawell, Pastor, Grace Methodist Church, to give the invocat3on. At this time Commissioner J. M. Hall, Jr. joined the meeting. APPROVAL OF MINUTES - ~ For the minutes of November 6, 196~ in the paragraph where Vice-Chairman Laurence O. Bowden made a statement it should have the following inserted following the first sentence of the second paragraph: "I was informed of three conditions; one, there was a possibility of a$29,000,000 error; two, it had been known since September and nothing had been done to rectify or verify the error; and three, neither Lhe Auditor, Board of County Commissioners or the County Manager had been advised." Under the heading "Transfer of Unanticipated Revenue, New Hanover Memorial Hospital", it should be corrected to read as follows: "County Auditor Shepard recommended that the amount of $(}30,070.24 be transferred from Revenues Received to Appropriations For New Hanover Memorial Hospital." Dr. Hooper moved, seconded by Mr. Metts, that this transfer be made. Motion was carried." ~ Under the heading "Transfers of Funds, Cape Fear Technical Institute", it should be corrected to read as follows: "County Auditor Shepard recommended'that $10,858.16 be transferred from Revenues Received to Appropriations at Cape Fear Technical~InstituLe. Mr. Metts moved, seconded by Dr. Hooper, that these transfers be made. Motion was carried." ~ Following these corrections, Mr. Metts moved, seconded by Mr. Bowden, that the minutes be approved as transcribed. Motion was carried. ~~.12 Minutes of the Meeting - November 20, 1967 (Continued) B0.4RD OF EDUCATION RESOLUTION, CAPITAL RESERVE FUND - The following resolution which was received from the School Board was read: "WHEREP.S, The New Hanover County Board of Education has under construction the John T. Hoggard High School, and "WHEREAS, In determining the need for funds for completion of the John T. Hoggard High School when the last contracts were let the amount of $15,764.00 in Capital Reserve was considered to be a portion of such needs, and "FURTHER, Since no other funds are available for the completion of this project, "NOW, THEREFORE BE IT RESOLVED, That the New Hanover County Board of Commissioners be petitioned to withdraw $15,76!}.00 from the Capital Reserve Fund.for the purposes stated above." (s) E. A. Laney, Chairman (s) William H. Wagoner, Secretary Following a discussion on this, Mr. Uaughan moved, seconded by Dr. Hooper, for the purpose of discussion, that the $15,764.00 which was requested by the School Board to be trans- ferred from the Capital Reserve Fund be denied and the reason being that the request was contrary to the original purpose which the money was set aside. Also, that we endeavor to find out what the proposed use for this money is. County Attorney Tillery advised that a declaration as required by G.S. 115-80.2(5) be included. Question was called on motion and it was carried. By common consent it was agreed that the Chairman confer with school officials on this particular matter. Mr. Vaughan moved, seconded by Dr. Hooper, for discussion, that a letter be written the Board of Education and ask them to establish a program of three years 1n advance for the acquisition of school sites. Further, that the Board of Commissioners feel strongly that the Board of Education should plan on acquiring school sites as far in advance as possible. Questfon was,called on the.motion and it was carried. RIGHT-OF-WAY AGREEMENT, NEW ACCESS ROAD, COUNTY AIRPORT - County Manager Marshall presented to the Board a right-of-way agreement for the proposed new access road across the County owned property adjacent to the Airport. He stated that it had been reviewed by the County Attorney and that it appeared to be in order. Mr. Vaughan moved, seconded by Nir. Metts, that the Chairman be authorized to sign the agreement on behalf of the County and that it be forwarded to the High4ray Department. Motion was carried. OPEN BIDS ON JAIL REPAIRS - Mr. John Oxenfeld of Oxenfeld and Newkirk, Architects, appeared before the Board relative to Lhe bids for the Jail Repairs and Plumbing and other related work. For the General Contract the following bids were received and the amounts are as indicated: Miller Building Corporation $11,750.00 Reagan Construction Company 17,231.00 L. T. Rogers Construction Company 7,820.00 For the Plumbing Contract the following were received: Goodyear Piumbing Company $ 9,425.00 Parlier Plumbing Company 9,595•00 The Bid Bonds were received and ail appeared to be in order after review by the County Attorney. Mr. Vaughan moved, seconded by Mr. Metts, that the low bid for the General Contact and Plumbing Contract be accepted, subject to approval by the Architect and the County Attorney: Motion was carried. COURT ROOM PLANS It was svggested to the Board that in view of the contracts being awarded for the Jail Repairs that the next step, which is the preparation of the pians and specifications for the additional court rooms, that the firm of Oxenfeld and Newkirk proceed with these. Mr. Metts questioned whether or not it would be better to proceed on the absolute need and establish some priority for this particular work. Following a brief discvssion of this, Mr. Metts moved, seconded by Mr. Vaughan,that Mr. Oxenfeld proceed on the development of the plans for the Domestic Relations Court Room and that he, Mr. Oxenfeld, appear before the Board at the next meeting with all the preliminary plans and bring the Board up to date. A9otion was carried. BUILDING CODE - Mr. Vaughan moved, seconded by Mt. Bowden, for the purpose of discussion, that the Building Inspector be instructed to interpret the Building Code where additions to the existing buildings are to be made, in such a manner that it would not work a hardship on the owner but not to the extent of creating a hazard. Question was called on the motion and it was defeated by a vote of four against and one for. AUDIT REPORT - Pursuant to receiving the addendum to the Audit Report from the firm of Cherry, Bekaert and Holland for the fiscal year ending June 30, 1967, Mr. Vaughan moved, seconded by Mr. Hall, that the Aud3t Report be accepted. Motion was carried. BILL PAYMENT FOR AUDIT REPORT - Mr. Metts moved, seconded by Mr. Bowden, that the bill in the amount of $7,991.13 for the Audit Report be paid to :the firm of Cherry, Bekaert and Holland. Motion was carried. Mr. Vaughan moved, seconded by Dr. Hooper, for the purpose of discussion, that the firm of Cherry, Bekaert and Holland be retained as auditors for the fiscal year ending June 30, 1968. It was stated to the Board that it would be well to have the auditors retained in order that they may be able to do preliminary work for the first six months of the fiscal year. The motion was withdrawn, as well as the second, and by common consent it was agreed that this item would be on the Agenda for the first meeting in January. ~ , .~ 13 ~ Ninutes of the Meeting - November 20, 1967 (Continued) WELFARE BQARD RECIASSIFICATIONS AND SALARIES - , Mr. H. A. Marks, Mr. Lloyd Moore and Miss Lela Moore Ha11,,Director of Public Welfare, appeared before the Board relative to reciassifications and salaries of personnel in the Welfare Department. Mr. Marks made the presentation from a prepared list of all salaries. He stated that the Merit increases amounted to $12,300. He further stated that only four would be above the mid-point and that six would be above the minimum. He sta.ted that reclassi- fications only, amounted to.$10,188.00 and the County's share is $4,002.2!}. F.ollowing a discussion on this, Dr. Hooper moved, seconded by Mr. Bowden, that the Welfare Board's reqvest for reclassifications and Merit increases be approved and that these increases be retroactive to July 1, 1967 and furtrier, that the information presented by the Welfare Board be made a part of the minutes of this meeting. The reclassifications and salaries presented,by the Welfare Department are as follows: RECI1a5SIFICATIONS Old Old Old New Old New Position Position Name Classification Cla ssification Salary Salarv Diff erence 83l~lF 8317 Young Sw I SW II $5,7l~8 $6,636 $888 8346 8318 Marks SW I Sw II 5,748 6,636 888 8348 8319 Hoffman SW I SW II - 8350 8321 Lathan Sw I Sw II 8352 8323 wilson Sw I , SW II 8354 83z5 M: G31es sw ~ Sw II 5,748 6,324 576 8356 8327 s. Giles sw i sw II 8358 8329 sw i sw II 8360 8331 B1air Sw I SW II 5,748 6,636 888 8361~ 8333 Whitty SW I Sw II 5,748 6,636 888 8366 8311 xowara Sw I Supr. I 6,32 ~ 7,308 98~ 8372 8335 Dorenaa Sw I SW II 5,74 6,636 88 8374 8337 L. Teachey SW I SW II 5,748 6,636 888 8376 8338 Hixson Sw I Sw II 5,748 6,636 888 8378 8339 Duniap SW I Sw II 5,748 6,324 57b 8380 83 0 ~ Henderson SW I SW II 5,748 6,324 576 New 83 1 Layton SW I Sw II 5,748 6,636 888 8410 8406 Lamb Int. C. C II 3,756 3~936 180 8412 8407 Johnson Int. C. C II 3,756 3,936 180 BtaJF2 8425 Uandergrift T I T II 4,ilb . 4,128 :12 Federal $4,976.~6 State 1,209.00 County !},002.21~ Total $10,188.00 Amount of Ad,~ustment • Amount To New Pay of Ad- Plan For justment Pre- Previous Amount of Ste ps Job June To New sent Incorrect Proposed Merit Proposed Up Or Years Of No. Name Salary Pav Plan 5alarv Classif. Salary Increase Salary Down Service 83io scott $6,324 ~984 $7,308 $ 720 $8,o2b M 1t~ Supr. I Supervises 1 AFDC Defined Service Unit 8311 Howard 6,324 6,324 $98l~ $7,308 720 8,028 M 8 Supr. I 2nd line as to Financial and Medi cal Servic es 8314 Fitzgerald 6,960 3l~8 7,308 720 8,028 M 19(1 Yr. Supr. I Supervises !} APTD Workers and 2 OAA Workers Grad.) 8316 Bradsher 7,296 7,296 7,308 1,536 8,8t~J+ + 2 5 MSw , Supr. I 2nd in line as to Child Welfare, Court (Promoted) and Civil Defense Services 8321~ A. Knopf 7,296 7,296 732 8,028 + 2: 5 MSW SW II Child Welfare Worker 8326 R. Knopf 5,7l~8 888 6,636 6,636 324 6,960 -1 3~'•~ SW II Child Probation Officer • ' 8334 McKee 7,296 7,296 732 8,028 + 2 8(1 Yr. SW II Child Welfare Worker Grad.) J 8335 Dorenda 5,484 261~ 5,748 88$ 6,636 324 6,960 -I ~ 5 SW II Adoption Worker 8338 xixson 5,484 264 5,748 888 6,636 672 7.,308 M 15 SW II APTD Defined Service Worker 8360 Jones 5,484 264 5,748 888 6,636 +1 4~-~ SW I Probation Office • 8368 Keels 5,484 264 5,748 '~ 576 6,32l~ M !~ SW I Medical Services and Intake `l~orke r 8382 Brooks 5,484 264 5,748 576 6,324 M 1:c-~ SW I Probation Officer , . 8400 Steele 4,980 4,980 252 5,232 ~ 3 11 C III Bookkeeper . ~ 8l~06 Lamb 3,1~08 3l~8 3,756 180 3.936 182 4,128 + 1 !~ ~ CII Front Desk - ' ~1_ 14 Minutes of the Meeting - November 20, 1967 (Continued) WELFARE BOARD RECLASSIFI CATIONS AND SALARIES (CONTINUED) - Amount of Ad~justment Amount To New Pay of Ad- Plan For justment Pre- Previous Amount of Steps Job June to New sent Incorrect Proposed Merit Proposed Up Or Years of No. Name Sa,Iar~i Pay Plan Salary Classif. Salary Increase Salarv Down Service 8~.07 .lohnson $3,1~08 $348 $3,756 $180 $3,936 $192 $4,128 + 1 7 C II ~Front D esk ~ 81}14 Huband 4,524 4,524 456 4,980 + 4 21 S II Directo r~s Secre tary 81~2o wooa 4,752 4,752 228 4,980 + 4 i3 T I1 Account ing Clerk (Forms going to State Office 8 Dupli cate Chec ks) Data processing 81}2!~ Holden 4,524 4,524 228 4,752 + 3 9 T II Medical Secretar y 8425 vanaer9rit t 1~,116 l~,116 12 4,~28 4o8 4,536 + 2 7 T II 8431~ Lawson 2,964 6214 3,588 168 3,756 + 1 4 T 1 8438 McIntosh 2,964 62J~ 3,$88 168 3,756 + 1 3 T 1 81~1~ Matthews 3,756 180 3,756 180 3,93b + 2 5 T I 8390 Hunt 2,832 288 3, 120 1!~!~ 3,26!} + 1 2 HM I 8394 Green 2,832 288 3,120 300 3,l~20 + 2 3 HM I 8396 Bordeaux 2,832 288 3,120 •, lii4 3,264 + 1 3 HM I Thomas 3,~+08 12 3,L}20 708 4,128 + 1 6 Bookkeeper for Food Stamps ~:~ On call every 3rd week, day and night - 7 days a week The mechanics of financing is to be worked out between the Welfare Director and the County Auditor and a memorandum is to be submitted to the County Commissioners by the County Auditor relative to this particular matter. Motion was carried. HOMEOWNERS~ ASSOCIATION - Mr. Norman Johnson and Mr. Bennie Herring, representatives of the Homeowners~ Association, and other members, appeared before the Board relative to the Building Code. A list of svggestions for Building Code changes which are as fo2lows was presented: • "SUGGESTED BUILDII~G CODE CHANGES" "Maintenance: The Homeowner and Taxpayers should be permitted, without paying fees for permits, to do the following: Removai of old building that becomes useless to the owner (keeping safety in mind), or removal of debris after a fire, or the repairs or ~renewal of porches, doors, windows, steps, small bridges, roofs, etc. "Any addition, or annex, shouid be exempted when the structural strength of the existing building is not impaired. (weakened) (Unless done by a contractor) ~"The builder should keep in mind the possible objection of his close neighbor and ~talk it over with him before deciding on any building he, or she has in mind. "The services of the inspector is desired, as to safety, correctness, or any professional advice when plans are submitted. "Homeowners can mainta~in their homes easier, better, less expensive, when no dictorial methods are used, and keep up the appraisal values better when not hamstrung. (s) Board of Directors" Mr. Herring then read a letter to Dr. John L. Marshburn, Jr. from ~r. Hern Church, Chief Engineer, of the Insurance Commission, relative to State Laws and the Enforcement of Building Codes. Mr. Johnson and Mr. Herring were then thanked for appearing before the Board and it concluded their discussion. METAL BUILDINGS FILM - Mr. Robert Bowden, from Butler Metal Buildings, presented a film pertaining to the different types of buildings that may be constructed using metal. Following completion of the film showing, it was agreed that Mr. Bowden would furnish the Board with a list of places where metal buildings are being used for elementary, junior and senior high schools and further, that Mr. Bowden will arrange for a representative from the main office to meet with the Board of County Commissioners and the Board of Education members to discuss possible uses and applications of inetal buildings in New Hanover County. By common consent it was agreed that the Chairman write a letter to the Board of Education members and invite them to attend with the Commissioners a meeting on the possibl¢ use of M¢tal ~ Buildings in school construction in New Hanover County. ' 1.1. ~ Minutes of the Meeting - November 20, 1967 (Continued) CRESTWOOD SUBDIVISION APPROVAL - County Manager Marshall presented to the Board a plat for a portion of the Crestwood Subdivision. He stated that the plan had been approved by the Planning Commission and it was in order for approval by the County Commissioners. Mr. Bowden moved, seconded by Mr. Hall, that the plat be approved and the Chairman authorized to sign same. INSURANCE ADVISORY COMMITTEE MEMBER - It was pointed out to the Board that Mr. Hardy Wessell, the County's representative on the Insurance Advisory Committee, had resigned as the County~s representative to assume the position of Executive Secretary of the Insurance Advisory Committee. By common consent, it was agreed that a list of names be brought in for Mr. Wessell's replacement at the next meeting. Also, by common consent, the recommendation of the Insurance Advisory Committee relative to auto liability insurance was accepted. - VOTING MACHINES Dr. Hooper stated to the Board that he had received a letter from Mr. O. K. Pridgen, II, Chairman of the Board of Elections, stating that he would be unable to meet with the Board of Commissioners at this meeting to discuss voting machines and further, that the question had been raised as to whether the selection be made for the rental of voting machines by the Board of Elections or the Board of County Commissioners. By common consent it was agreed that the matter of selecting the voting machines for use in New Hanover County be-placed on the Agenda for the meeting of December 1}, 1967. CLERI{ OF SUPERIOR COURT, ADDITIONAL FUNDS IN INSANE AND INE$RIATE ACCOUNT - ' Clerk of Superior Court James McKeithan appeared before the Board relat3ve to additional funds for the Insane and Inebriate Account in his office. He stated that the account was over- drawn and this was due to the fact that in the setting of the Budget for the fiscal year 1967-68 this account was set low with the idea in mind that the Mental Health Clinic would have a Director on its staff and that these accovrSts would be minimum. In view of not having a Director at the Mental Health Clinic, additional funds are needed and he stated that $1,500.00 would probably be sufficient for the remaining part of the fiscal year. Dr. Hooper moved, seconded by Ntr. Metts, that the amount of $1,500.00 be appropriated from the General Emergency Fund to the above named account. Motion was carried. SALES TAX - Dr. Hooper stated that he had requested the item of Sales Tax Option being placed on the Agenda for this meeting, and he further stated that the Property Tax Rate is going to be higher should additional revenue not be provided from some other tax source, and Lhat he would like to request the Board to go on record as reaffirming their position in having the,people decide on the option of a sales tax. Mr. Hall moved, seconded by Dr. Hooper, that the Board of County Commissioners reaffirm their position of favoring a local option 1~ 5ales Tax for New Hanover County. Motion was carried. Mr. Vaughan abstained from voting. . LOWER CAPE FEAR COUNCIL OF LOCAL GOVERNMENTS - Dr. Hooper discussed the by-laws of the Lower Cape Fear Regional Council of Governments and stated that he had attended a meeting at City Hall with representatives from Brunswick County, City of Wilmington and other municipalities in the two covnty area of Brunswick and New Hanover. He stated that by-laws had been presented at the meeting and discussed them briefly with the Board members. Mr. Metts moved, seconded by Mr. Bowden, that the by-laws of the Lower Cape Fear Council of Governments be included in these minutes. Motion was carried. Following are the by-laws: ~ BY-LAWS . LOWER CAPE FEAR COUNCIL OF LOCAL GOVERNMENTS "The foliowing policies are adopted ments to facilitate the transaction enumerated in resolutions adopted by two-county area: SECTION 1.0 ~ by the Lower Cape Fear Council of Local Govern- of business and to exercise its powers as the individual Government Units within the OFFICERS 1.1 Election. At the first regular meeting after June 30 each year, this Council shall elect from its membership a Chairman, a Vice Chairman, a Secretary, and a Treasurer. 1.2 Tenure. The officers shall serve from the date of their election until June 30 of the following year or until their successors shall have been elected. 1.3 Dvties. The Chairman shali normally preside at all meetings of this Council. . In the absence of the Chairman, the Uice Chairman shall preside; in the absence of both, the senior member present shall serve as acting Chairman.' Seniority shall be determined by time of service as a member of. this Council. The presiding member, whether Chairman, Vice Chairman or another member ascting as Chairman, shail vote only to accomplish a decision on motions that have occasioned a tie vote. The Chairman, and in his absence the Vice Chairman, shall direct the conduct of a public information program reflecting the general principles and goals approved by this Council and within budgetary limits. He shall be empowered to accept gifts in the name of this Covncil, provided that such gifts shall not be so conditioned Lhat, in the opinion of the Chairman, the planning program of this Council would be adversely affected. . The Chairman shall appoint committees, designate committee chairmen, . and perform such other duties as may be determined by this Council. , SECTION 2.0 BOARD OF DIRECTORS ~ 2.1 Composition. The Board of Direetors shall be composed of five (5) ~ members as follows: The Chairman and Vice Chairman as elected on 1.1 above; the Chairman of Brunswick County Commission; the Chairman of the New Hanover County Commission, and one additional member elected from the membership. ~ 11.6 , Minutes of the Meeting - November 20, 1967 (Continued) LOWER CAPE FEAR COUNCIL OF LOCAL CiOVERNMENTS (CONTINUED) - 2.2 Alternates. Members of the Board of Directors will be allowed to have an alternate member (or alternate from his Board) present to serve at any meeting at which the desianated member cannot be present. SECTION 3.0 MEETINGS ~ 3.1 Reqular Meetinqs. A regular meeting of this Council shall be held on . convening at When a regular meeting day falls on a legal holiday as recognized by the State of North Carolina, the meeting shail be held on the following day. The regular meeting in shall be termed the annual meeting. 3.2 Special N~eetinqs. Special meetings may he held at the call of the Chairman or of an acting Chairman, provided that notice of such meetings shall be given to all members at least twenty-four (24) hours in advance. - 3•3 Quorum. Five (5) members shall constitute a quorum of this Council for transacting buslness and taking official action. Whenever a quorum is not present at a regular or special meeting, those present may postpone the mceting to another day or hold the meeting for the purpose of considering such matters as are on the agenda or introduced by members. No action taken at such a meeting shall be official unless and until ratified and confirmed in a subsequent meeting of this Council at which a quorum is present, by approval of the minutes of that meeting at which a quorum was not present. 3•4 Aqenda. The Secretary shall prepare an agenda for each regular meet- ing. Copies of the agenda shall be given to interested persons, on their request, at the time the meeting is convened. Any matter not listed on the agenda may be introduced by any member of this Council after the matters listed on the agenda have been considered. 3:5 Votinq. Voting shall be by voice and shall not be recorded by yeas and nays unless such a record is requested, at the time the vote is taken by a member of this Council. 3.6 Conflict of Interest. No member shail vote, or participate in diseuss- ~:•ion, on any issue in which he has a personal, professional or financial interest. 3.7 Proxy. When a member is unabie to attend a meeting or must leave a meeting before a vote is taken, his proxy shall be accepted and used for voting as he direcLs, but only under the following circumstances: (a) The proxy shall be in writing and bear the signature of Lhe absent member; (b) The proxy shall clearly and specifically state the member~s vote; (c) The proxy shall contain a statement that the absent member is well informed as to the facts of the question to be voted upon; (d) If the question is one on which a hearing has been held, the proxy shall contain a statement that the member was present at the hearing. 3.8 Parliamentarv Procedure. Procedure in all meetings of Lhis Council shall . be governed by Roberts Rules of Order, except when such rules of order are in conflict with these By-Laws. SECTION l~.0 COMMITTEES (}.1 Special Committees. The Chairman of this Council may create special committees, without limit as to number of inembers, to study matters which in his judgment wouid not be properly included in the work of the Board. He shail designate one member of each special committee as its chairman. 4.2 Committee Meetinqs. Any committee shall meet at the call of its chairman. 4.3 Quorum Ratification. A ma~jority of its members shall constitute a quorum of any committee. When it appears that a quorum may not be present at a committee meeting, the Chairman of this Council may designate other members of this Council as temporary members of such committee with full functional rights in that particular meet- ~. ing. In the absence of a qvorum any member of a committee, after reviewing the file and after discussfon with a member who was present, may join in making a recommendation to this Council; if a majority action of the committee is so attained, the resultant recommendation may be received. However, such ratifying action shall be called to the attention of this Council at the time of presentation. 4•4 Cooneration with Interested Persons. On request by a committee chair- man, the Secretary shall invite any person designated by the Chairman to appear before the committee. x Minutes of the Meeting - November 20, 1967 (Continued) LOWER CAPE FEAR COUNCIL OF LOCAL GOVERNMENTS (CONTINUED) - SECTION 5.0 TECHNICAL ASSISTANCE 5.1 Staff. The Council may employ an Executive Director, such staff, and such special consultants as it may from time Lo time determine. SECTION 6.0 FINANCING 6.1 Reauests for Grants-in-aid. Official requests for State or Federal Government grants-in-aid shall be reviewed and approved by the Council. Approval of such requests shall include the authorization of the Chair- man and Secretary as may be required, to sign such agreements or contracts with the State and Federal Governments, within the scope of the requests of the Council to the State or to the United States Government. 6.2 Expenditure of Funds. , (To be determined.) SECTION 7.0 SUSPENSION AND AMENDMENT 7.1 Suspension of By-Laws. This Council may suspend any of these By-Laws by unanimous vote of the members present, cons.tituting a quorum. 7.2 Amendment. These By-Laws may be amended at any regu~lar or special meeting attended by a quorum of this Covnc;l, by an affirmative vote of two-thirds of the members present. DISCUSSION OF TAX SUPERVISOR Mr. Hall moved, seconded by Mr. Metts, that the County advertise for a Tax Appraiser for employment in the Tax Listing Department and that the advertisement be in the usual manner through Civil Service channels~in the local paper and the Up-State papers, and that the County Attorney and County Manager prepare the specifications for the position. Motion was carried. County Manager Marshall stated that he had received a letter from Mr. W. G. Houck stating that he had four days vacation which he had not used up plus two and one-half days overtlme for compensatory time which he had not been paid for. Also, that in view of the long years of service with the County he felt like he was entitled to thirty days separation pay. Mr. Bowden moved, seconded by Mr. Hall, that an allowance of thirty days separation pay be made available to Mr. W, G. Houck. Motion was carried. CIVIL DEFENSE - Mr. Vaughan stated that he would like to hold a meeting with the Civil Defense people in January or February to discuss their mission and to generally brief the County Commissioners as to the present status and function of Civil Defense in New Hanover County. By common consent it was agreed, and a meeting is to be arranged in January or February. CIVIL SERVICE - By common consent it was ayreed.that the item of Civil Service and member appointments be placed on the Agenda for the next meeting. 1.1~~ PLANT BANK - Vice-Chairman Laurence O. Bowden stated to the Board that he had discussed with Mr. Durwood Baggett, County Extension Chairman, the goals and purpose of the plant bank which is being • established at the County Extension office. Mr. Bowden further stated that he felt the County Commissioners should endorse this program. Mr. Bowden then moved, seconded by Mr. Vaughan, that the County Commissioners go on record as endorsing the Piant Bank program. Motion was carried. ROAD PETITION A road petition was received from the Windemere Subdivision requesting that six tenths of a mile of Windemere Road be included in the State Maintained Secondary Road System. •Mr. Vaughan moved, seconded by Mr. Metts, that the standard resolution be adopted and this request be re- ferred to the Highway Department for their consideration. Motion was carried. TAX PENALTY WAIVER - ~ A request from Mr. Walter F. Lewis, P. O. Box 452, Wrightsville Beach, for a late listing penalty of $22.20 be waived was presented. It was explained to the Board that Mr. Lewis stated in his request Lhat his chiid was taken seriously ill and had been placed in Babies Hospital. Further, that Mr. Lewis had always listed his taxes on time in prior years. After discussing the matter, the Board did not take any action on the request and, therefore, the waiver was not granted. RESIGNATION OF COUNTY ATTORNEY - County Attorney L. Bradford Tillery read the following letter of resignatiott: "Mr. Chairman ...... gentlemen ...... through my work with the North Carolina Association of County Attorneys, through professional journals and through my privaLe practice, I have developed a deep interest in the new system of district courts which are now being implemented throughout North Carolina and which will become a reality in New Hanover County in January, 1969. "I have decided to offer myself as a candidate for one of these judgeships in the Democratic primary to be held in May, 1968. 5ince this will involve a primary contest, I do not feel that it would be appropriate for me to continue as county attorney. I have always endeavored to keep politics out of this position and you gentlemen have assisted me greatly in doingthis. I appreciate this and I appreciate ~1~ all of the courtesies which the Board and the other county officials have shown me. "I do, however, respectfully request that you seek a replacement by the date of board reorganization, or as soon thereafter as is practicable." ~ i 118 Minutes of the Meeting - November 20, 1967 (Continued) RESIGNATION OF COUNTY ATTORNEY (CONTINUED) - Mr. Vaughan moved, seconded by Mr. Hall, that Mr. Tillery~s letter of resignation be accepted with regret and that a replacement for Mr. Tillery be selected before the next regular meeting. Motion was carried. ~ ADJOURNMENT - There being no further business, Mr. Vaughan moved, seconded by Mr. Metts, that the meeting be adjourned. Motion was carried. J. E. Marshall, County Manager Minutes of Lhe Meeting - December !}, 1967 ASSENBLY - 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. Joseph W. Hooper, Vice-Chairman Laurence O. Bowden, Commissioners John Van B. Metts, Jr., M. H. Vaughan, J. M. Hall, Jr.; County Manager J. E. Marshall; and County Auditor Perry Shepard. INVOCATION - ' After calling the meeting to order the Chairman asked Rev. James B. Tubbs, Executive Secretary of the Wilmington Presbytery, to give the invocation. APPROVAL OF MINUTES - Mr. Hall moved, seconded by Mr. Metts, that the minutes for the meeting of November 20, 1967 be approved as transcribed. Motion was carried. REORGANIZATION OF BOARD - The first item being the election of a Chairman, Mr. Bowden nominated Dr. Joseph W. Hooper and Mr. M. H. Vauohan nominated M. H. Vaughan as Chairman. Mr. Bowden moved that the nomi- nations be closed, seconded by Mr. Metts. Motion was carried. The ballot was then taken on the nominations and Dr. Hooper was elected Chairman by a vote of three to zero. Dr. Hooper abstained from voting. The next item was the election of a Vice-Chairman. Dr, Hooper nominated Mr. Bowden as Vice-Chairman. Mr. Metts moved, seconded by Mr.Hall, that the nominations be closed. Motion was carried. The ballot was then taken and the Chairman declared that Mr. Bowden was elected Vice-Chairman. Mr. Vaughan voted "NO". APPOINTNiENT OF CAUNTY ATTORNEY - Due to the resignation of Mr. L. Bradford Tillery as County Attorney, Dr. Hooper re- commended that iNr. James C. Fox, a local practicing Attorney, be appointed as County Attorney. Mr. Vaughan moved, seconded by Mr. Bowden, that Nr. James C. Fox be appointed County Attorney. Motion was carried. Mr. Vaughan moved, seconded by Dr. Hooper, that the salary for the newly appointed County Attorney be the same as the outgoing Attorney. Mr. Bowden made a substitute motion that the present salary for the County Attorney be reduced by $250.00 per year. He stated that his motion was made in the light of trying to be consistent. Motion died for lack of a second, Question was called on the original motion and it was carried by a vote of four to zero. Mr. Bowden abstained from voting. A.B.C. PERMITS: CARMEN'S RESTAURANT, INC., OLEANDER DRIVE; THE GOLD N CRUST HOUSE, 759 Sa. 17TH STREET; AND COTTLE DRIVE-IN, CAROLINA BEACH ROAD - The above applications for A.B.C. Permits were reviewed and Mr. Metts moved, seconded by Mr. Vavghan, that they be referred to the Sheriff for his investigation. Motion was carried. RESOLUTION LOWER CAPE FEAR COUNCIL OF LOCAL GOVERNMENTS - Mr. Metts moved, seconded by PSr. Bowden, that the following resolution pertaining Lo New Hanover County becoming a member of Lhe Lower Cape Fear Council of Local Governments be adopted. Question was called on the adoption of the resolution and it was carried. "A RESOLUTION ESTABLISHING THE LOWER CAPE FEAR COUNCIL OF LOCAL GOVERNMENTS WHEREAS, the following counties and municipalities constitute a single development area for urban development; and 1~lHEREAS, the units of local government bear a common responsibility to serve the people of the urban area with efficient, economical and purposeful government; and WHEREAS, the physical, social and economic factors of the urban area present the local governments with common prohlems and with opportunities for con- structive actions to serve the people; and WHERFAS, there is need for close coordination and cooperation among the local governments acting in concert; NOW, THEREFORE, BE IT RESaLVED BY NEW HANOVER COUNTY, NORTH CAROLINA (i) Acting ,jointly with other governments of the urban area, there is hereby created and established the L04JER CAPE FEAR COUNCIL OF GOVERNMENTS, hereafter called the "Council." 2) Membership in the Lower Cape Fear Council of Governments is open Lo each unit of ocal Government within the territorial limits of the urban area and to such additional ~ areas as the Council may add. . ~ ~ a ~.