1975-03-17 Regular Meeting
01.tJ
MINUTES OF REGULAR MEETING, MARCH 17, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
March 17, 1975, at 9:00 o'clock a.m. in the Assembly Roo~, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian,S. Wright; Chairman Peter R. Davis; County Attorney,
James C. Fox; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King.
No members were absent.
Chm. Davis called the meeting to order.
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Rev. Marion W. Powell of Pine Valley Baptist Church offered the invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, FEBRUARY 28, 1975
Comm. Wright requested that on Page 123 under "Discussion of Jail/Law Enforce-
ment Center," Paragraph 112, that this be corrected to read as follows: "Comm. Vaughan
reported that 'in his belief', if the Commissioners wanted to look into modification
of the telephone company plans, the request would be accepted."
Comm. Wright requested that on Page 123 under "Discussion of Jail/Law Enforce-
ment Center" the record show that she had questioned whether haste to get the project
going in order to keep the $200,000 LEAA Grant might not cause the County to have
some errors, but Mr. McKim, the Architect, had stated that he did not think it
would.
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the minutes of the
special meeting held on February 28, 1975, were unanimously approved as corrected.
APPROVAL OF MINUTES: REGULAR MEETING, MARCH 3, 1975
Comm. Wright requested that on Page 129 under "Community Development Revenue
Sharing," Paragraph #2, the record show that they had been advised that they could
not get the money for the water and sewer program because' this money was intended
primarily for housing.
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Chm. Davis stated that on Page 135 under "Letter from Anderson County Re Bottle
Deposits" that this should correctly read "Anson County."
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the minutes of the
regular meeting held on March 3, 1975, were unanimously approved as corrected.
COUNTY MANAGER ELLER TO INVESTIGATE ALTERNATIVE FOR UNIFO\{MS AT GARAGE
At the meeting of March 3, 1975, the Commissioners had approved a budget
transfer to appropriate additional funds for uniforms for; the Garage because the
price of uniforms had gone up from $2 per man per week to $3.40 per man per week.
Chm. Davis requested that the Board agree, by common consent, to ask the
County Manager to investigate the possibility of purchasing uniforms to be laundered
by the wives of the garage personnel. This was agreed to by common consent.
APPROVAL OF BIDS ON COUNTY VEHICLES (FoY' addition, see page 152.)
County Manager Eller presented the following bids that had been received for
vehicles offered for sale at public auction on Saturday, lIarch 15.
Description
1974 Pontiac, 4 Dr. Sedan
1974 Pontiac, 4 Dr. Sedan
1974 Pontiac, 4 Dr. Sedan
1973 Plymouth, 4 Dr. Sedan
1973 Plymouth, 4 Dr. Sedan
1973 Plymouth, 4 Dr. Sedan
1973 Plymouth, 4 Dr. Sedan
1971 Plymouth, 4 Dr. Sedan
1968 Rambler, 2 Dr. Sedan
1967 Chev., 2 Dr. Sedan
1953 Volks., S/W
1959 International, Metro Van
Bid Price
$ 800
900
950
550
600
775
1,000
800
225
625
160
175
Serial Number
2L69Y4Pl680V
2L69Y4P167791f
2L69Y4Pl6788}
PK41M3F18900:~
PK4lM3Fl8900:L
PK4lM3F188991l
RL4lG3A20978!1
PL41GIFI9372(1
A8A060B15359~i
138l77BI9635 i;
1066572 :
.
AM122M13230B .
Bidder's Name
J. S. Mintz
W. K. Allen
W. G. Houck
Harrelsons Used Cars
B. J. Martin
Jeff Sullivan
James Spell
D. S. Hayes
A. J. Eason
R. o. McLamb
Bobby Parker
G. L. West
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Upon motion by Comm. Alper, seconded by Comm. Wright, these bids were unanimously
accepted and the County Finance Officer was authorized to release the vehicles to
the fiigh bidders upon receipt of full
payment.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUE))
REPORT FROM COLE-LAYER-TRUMBLE COMPANY
Chm. Davis had requested tha,t Cole-Layer-Trumbl,~ officials report to the
County Commissioners on the statu~ of the informal h'~arings, particularly, the
number of hearings held, the numbkr of hearings to b~ held, the number of requests
for hearings before the Board of Equalization & Revi=w, and a report on the changes
in appraisals which had been made as a result of the informal hearings and additional
information provided by local citizens.
. Tax Administrator Larry Powell along with Jim R0se and Bob Hartzell of Cole-
Layer-Trumble Company appeared before the Board in this regard. The following report
was made in response to Chm. Davis' request.
1) That as of Friday, March 14, 1,730 informal hearings had been held out of
2,219 which had been scheduled.
2) That from March 17 - March 28, 1,442 inform~l hearings were scheduled
which represented 2,855 parcels of property.
3) That as of Friday, March 17, 620 complaints had been received to be
heard by the Board of Equalization & Review.
4) That 2,051 changes in valuations had been made due to the informal
hearings and errors which had been found.
Cole-Layer-Trumble officials requested a cut-off date for scheduling informal
hearings as of March 17. By common consent, the Board agreed that the cut-off date
for scheduling informal hearings would be Thursday, :~arch 20, at 5:00 p.m. and that
Tax Administrator Powell would publish a notice in the newspaper to this effect.
Comm. Wright requested that the record include her reasons for being dissatis-
fied with her informal hearing, which were as follows:
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1) That they had refused to allow her/tape recDrd the meeting.
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2) That, at one point in the meeting, the representative did not'seem to be
making many notes. She asked if she could read his notes and was told
they were none of her business.
3) That she asked if the representative could show her any lots in her
neighborhood that had sold for the valuation placed on her lot, but he
could not. She stated that she had shown him a lot across the street,
which was a corner lot, that had sold for $2,000 less than the valuation
placed on her property two years before.
4) That she had asked for an examination of her house and was told that, if
they examined her house, the valuation might go up. She stated that she
considered this a threat.
Comm. Wright moved that the Board instruct Tax ~dministrator Powell to set up
hearings on all property parcels in the County so that the Board could be assured
that valuations were correct before they were placed on the tax books for eight
years. Motion died for lack of a second.
Comm. Wright moved that the Board notify Cole-Layer-Trumble that they intended
to annul the contract due to certain deficiencies, which she stated as follows:
1) Valuation notices were not sent out on time or on the proper thing;
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2) Inspections were not made of the property as the law required;
3) Old information from old property cards was used without being verified;
4) That she did not believe that they were living up to the part of the
contract that said they would endeavor to maintain good relations with
the public.
Motion died for lack of a second. (County Attorney Fox stated that the County
would probably have to confine any action to damages. He stated that he did not
believe that the County would be allowed to go back as if the contract had never
existed.)
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
REPORT FROM COLE-LAYER-TRUMBLE COMPANY (CONTINUED)
Comm. Wright offered her motion again that Tax Admin:lstrator Powell be instructed
to schedule hearings on all property in the County. Motic')ll died for lack of a second.
Chm. Davis recessed the meeting with Cole-Layer-Trumhle to hold the scheduled
public hearing.
PUBLIC HEARING
The Clerk to the Board reported to ,the Board of Comm:lssioners that notice of
a public hearing had been published in the Wilmington Morl1ing Star on February 22
and March 1, 1975, with notice that the Board of Commissioners would hold a public
hearing at 9:30 a.m. on Monday, March 17, with regard to ~he following request for
special use permit.
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PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE EAST SIDE OF NORTH COLLEGE ROAD (N. C. H~{. 132) APPROXIMATELY
7,700 FEET SOUTH OF BLUE CLAY ROAD FOR SCHOOLS IN ZONING AREA #8B.
Chm. Davis opened the public hearing to discussion. i
Planning Director Richard A.
this request until the meeting of
not been completed.
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Fender requested that t~e Commissioners table
April 7, 1975, in that all the conditions had
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Upon motion by Chm. Davis, seconded by Comm. Wright, this item was unanimously
tabled until the meeting of April 7 as requested by the Planning Director.
Chm. Davis closed the public hearing to discussion.
REPORT FROM COLE-LAYER-TRUMBLE CO~~ANY (CONTINUED)
Chm. Davis reconvened the discussion with Cole-Layer'-Trumble officials.
The following persons appeared before the Board in this regard:
Mr. Gary McDaniel; Mrs. Cecelia Pleasants, Executive Direktor of the Taxpayers
Association; and Mr. Herbert Fisher.
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Comm. O'Shields moved, seconded by Comm. Alper, that the discussion with
Cole-Layer-Trumble officals be tabled and that the Commission continue with the
items as set forth on the agenda. Upon vote, tabling motiion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Wright.
Comm. Wright moved that the Board advise Cole-Layer-Trumble that they expected
them to live up to the part of the contract which stated that they would endeavor
to keep good relationships with the public and that the Board felt that this meant
that they could have information passed out and that they: could record their
hearings. Motion died for lack of a second.
A verbatim transcript of the foregoing discussion is contained in Exhibit Book II,
Page 71. (FoY' addition, see page 151.)
BOARD OF EQUALIZATION AND REVIEW TO CONVENE APRIL 7
Upon motion by Chm. Davis, seconded by Comm. Alper, the first meeting of the
Board of Equalization & Review was unanimously set for Monday, April 7, at the
conclusion of the regular meeting of that date; this meeting of the Board of
Equalization & Review was to be an organizational meeting.
REPORT OF COLLECTOR OF REVENUE
Upon motion by Chm. Davis, seconded by Comm. O'Shields, the report of the
Collector of Revenue, JanieB. Straughn, for collections through February 28, 1975,
was unanimously accepted by the Board. This report is contained in Exhibit Book II,
Page 72.
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Chm. Davis requested that it be noted in the record that the percentage of
collections through February, 1975, was up to 94.3% as opposed to the percentage
of collectDns through Febn.\ary, 1974, of 93.2%.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
REPORT OF TREE PLANTING PROGRAM
Mr. D. Durwood Baggett, County Extension Chairman, presented each Commissioner
a packet of trees composed of the same trees that h3d been distributed from his
office on Friday, March 14. He stated that the distribution had been very successful.
ABATEMENTS AND REFUNDS
County Attorney Fox stated that the requests for abatements and refunds contained
in Tax Administrator Larry Powell's memorandum of March 11, 1975, met all legal
requirements. (FoY' addition, see page 152.)
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Upon motion by Comm. Alper, seconded by Comm.
abatements and refunds were unanimously approved.
Exhibit Book II, Page 73.
O'Shields, these requests for
This meniorandum is contained in
COMMISSION TO WRITE LEGISLATORS RE SB 166
County Engineer Richard Epling and Planning Director Richard Fender appeared
before the Board to discuss Senate Bill 166 "An Act to Require Compliance of
Subdivision Streets with Minimum Standards of the Secondary Roads Council."
Planning Director Fender reported that, if the County's Subdivision Regula-
tions were amended to delete the metes and bounds provision it would accomplish
the same thing as SB 166.
Comm. Wright moved, seconded By Chm. Davis, that the Board overlook supporting
SB 166. After a brief discussion regarding the protection the bill would afford
to homeowners, Comm. Wright withdrew her motion; anQ Chm. Davis withdrew his second.
The following motion was then made.
Comm. Wright moved, seconded by Chm. Davis, thE,t the Commission advise the
legislators that they were interested in that portion of the bill that would allow
local homeowners to sue for damages against a developer if the roads were not built
correctly but that the Commission was concerned about the deletion of metes and
. bounds; that they felt this should be handled locally through the Subdivision
I . Ordinance. Upon vote, motion carried unanimously.
Comm. Alper stated that he would like for the Commission to study the possi-
bility of requiring developers to have themselves bonded for a period of five years
after the last house was sold on a particular tract so that, in the event that
his drainage, roads or soil were substandard, he would have some responsibility
to the homeowner. No action was taken by the Board on this recommendation.
DISCUSSION OF PLANNING DISTRICT COORDINATORS
The County Commissioners had been furnished the recommendation of the Planning
Director for the designation of the Planning District Coordinators in the County's
Public Participation Program under the Coastal Area Management Act.
By common consent, designation of the Planning District Coordinators was
deferred to the meeting of April 7, 1975, to be discussed in executive session on
that date.
FINAL SUBDIVISION PLAT - SEA PINES SUBDIVISION, SECT[ONS 1 & 2
Mr. Harry Oakes, Staff Planner, presented the f.inal plats for Sea Pines Sub-
division, Sections 1 & 2, which had been approved by the Subdivision Review Committee
at their meeting of January 27, 1975.
Chm. Davis requested that he be allowed to abstain from voting on this issue
because his brother worked for the company that owned the subdivision. County
Attorney Fox ruled that Chm. Davis could not be al101l7ed to abstain on this issue
. because he had no financial interest in the subdiviBion.
Upon motion by Comm. Wright, seconded by Comm. Taylor, the final plats for
Sea Pines Subdivision, Sections 1 & 2, were unanimouBly approved and the Chairman
was authorized to sign them on behalf of the County.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
FINAL SUBDIVISION PLAT - NORTH HILLS
Mr. Harry Oakes, Staff Planner,
division, Section 2A, which had been
at their meeting of August 26, 1974.
SUBDIVISION, SECTION 2A
presented the final plat for North Hills Sub-
approved by the Subd}vision Review Committee
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Upon motion by Comm. Alper, seconded by Comm. Wright, the final plat for North
Hills Subdivision, Section 2A, was unanimously approved a~d the Chairman was
authorized to sign it on behalf of the County after the s:lgnature of the Planning
Commission Chairman had been secured on the plat.
FINAL SUBDIVISION PLAT - MILLBROOK SUBDIVISION, SECTION 6
Mr. Harry Oakes, Staff Planner, presented the final plat for Millbrook Sub-
division, Section 6, which had been approved by the Subdivision Review Committee
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at their meeting of January 27, 1975. I
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Chm. Davis requested that he be allowed to abstain f:rom voting on this issue
because his brother worked for the company that owned the: subdivision. County
Attorney Fox ruled that Chm. Davis could not be allowed to abstain on this issue
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because he had no financial interest in the subdivision. :
Upon motion by Comm. Taylor, seconded by Comm. Wright, the final plat for Mill-
brook Subdivision, Section 6, was unanimously approved and the Chairman was authorized
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to sign it on behalf of the County.
BRICKSTONE ESTATES SUBDIVISION, SECTION 1, TABLED
The Clerk to the Board presented the final plat for Brickstone Estates, Section 1,
which had been submitted to her for presentation to the C~mmissioners. This had
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been approved by the County Commissioners at their meeting of May 7, 1973, but had
not been recorded within the required 90-day period. I
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Upon motion by Comm. Wright, seconded by Comm. Alper.', action on this subdivision
plat was unanimously tabled until it could go through the' review process of the
Planning Department in that such a long period of time had lapsed since action had
been taken.
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ROAD PETITION - PALM STREET AND CHULA VISTA DRIVE IN SUNNYVALE SUBDIVISION
The County Commissioners had received notification from the Division of High-
ways that Palm Street and Chula Vista Drive in Sunnyvale Subdivision met the State's
standards and criteria for acceptance into the State's Secondary Road System.
County Engineer Richard Epling recommended that these roads be added to the
State's System.
Upon motion by Comm. Wright, seconded by Cornm. Taylor, the Board unanimously
adopted a resolution requesting that Palm Street and Chula Vista Drive in Sunnyvale
Subdivision be added to the State's Secondary Road Syste~.
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from 12 Noon to 1:00 p.m.
RESOLUTION AUTHORIZING APPLICATION FOR
STATE GRANT FOR THE PREPARATION OF A 201 FACILITIES PLAN
Chm. Davis offered the following resolution and moved its adoption. The motion
having been duly seconded by Comm. O'Shields, it was ado~ted by a unanimous vote.
WHEREAS, the Federal Water Pollution Control Act Amendments of 1972 require a
three-step procedure (including facilities planning, facility design and facility
construction) to be followed for Federally funded wastewater treatment facility
construction projects, and
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WHEREAS, the Federal Rules and Regulations governing construction grants
allow for the award of step grants for each of the three steps in the construction
procedure, and
WHEREAS, the North Carolina Board of Water and Air Resources (presently the
Office of Environmental Management) has established a policy (BWAR Resolution 74-31)
allowing for award of State step grants for projects which qualify for the same
step Federal grants, and
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
RESOLUTION AUTHORIZING APPLICATION FOR
STATE GRANT FOR THE PREPARATION OF A 201 FACILITIES PLAN (CONTINUED)
WHEREAS, New Hanover County, the City of Wilmington and the Town of Wrights-
ville Beach have undertaken a program for planning aad construction of wastewater
treatment facilities under ,the Federal Water Pollution Control Act Amendments of
1972, and
WHEREAS, New Hanover County has been designated and has accepted the desig-
'.nation as Lead Agency for the Planning Area;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover
County that New Hanover County will apply to the Office of Environmental Manage-
ment for step grants to aid in completion of the three phases of the wastewater
treatment facility construction program;
THAT the County Manager (Dan W. Eller) is hereby authorized to execute and
file applications on behalf of New Hanover County with the Office of Environmental
Management for the step grants to aid in the completion of the facility construction
project;
THAT the County Manager (Dan W. Eller) is hereby authorized and directed to
furnish such information as the appropriate State agc~ncy may request in the
connection with such applications for the project, to make the assurances as
contained above, and to execute such other documents as may be required in connec-
tion with the applications, grant offers or grant awards;
THAT New Hanover County has substantially complied, or will substantially
comply, with all Federal, State and Local laws, rules and regulations and
ordinances applicable to the project and to Federal and State grants and loans
pertaining thereto.
Adopted this 17th day of March, 1975.
.RESOLUTION pr~SCRIBING FORM OF SCHOOL BONDS
AND PROVIDING FOR THE SALE OF SAID BONDS
Comm. O'Shields presented the following resolution and moved that it be
adopted:
WlliREAS, the bond order hereinafter described has taken effect and it is de-
sirable to make provision for the issuance of the bonds authorized by said bond
order; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover as
follows:
1) The County of New Hanover (hereinafter refel"red to as "County") shall
issue its bonds of the aggregate principal amount of $5,500,000 pursuant to and
in accordance with the bond order entitled "Bond OrdE!r authorizing the issuance
of $5,500,000 School Bonds of New Hanover County," adopted by the Board of
Commissioners of the Couqty on February 4, 1974. Each of said bonds shall be
designated "School Bond". The period of usefulness (If the capital project to be
financed by the issuance of the bonds is a period of forty years, computed from
April 1, 1975.
2) The bonds shall be of the denomination of $5,000 each, shall be numbered
from 1 upwards in the order of their maturity, and shall be payable in annual
installments on April 1 in each year' as follows, vi2.:
. $200,000 in each of the years 1976 to 1991, inclusive,
$300,000 in each of the years 1992 to 1994, inclusive,
$350,000 in the year 1995,
$700,000 in the year 1996, and
$350,000 in the year 1997
3) The bonds shall be dated April 1, 1975 and shall bear interest from their
date at a rate which shall be hereafter determined upon the public sale thereof
and such interest shall be payable semi-annually on April 1 and October 1.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
RESOLUTION PRESCRIBING FORM OF SCHOOL BONDS
AND PROVIDING FOR SALE OF SAID BONDS (CONTINUED)
4) The bonds shall be coupon bonds, registrable as to principal only, and shall
bear the facsimile signature of the Chairman and Clerk of the Board of Commissioners.
A facsimile of the corporate seal of the County shall be imprinted upon each of the
bonds. Each of the interest coupons to be attached to the bonds shall be authenti-
cated by the facsimile signature of said Clerk.
5) Both principal of and interest on the bonds shall be payable at the
principal office of Bank of North Carolina, National Association, Jacksonville,
North Carolina, or at the option of the holder or registered owner, at the princi-
pal office of Manufacturers' Hanover Trust Company, New York, New York, in such
coin or currency of the United States of America as at the time of payment shall
be legal tender for the payment of public and private debts.
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6) Each of the bonds and the interest coupons representing the interest
payable therwnand the provisions for the registration of the bonds and for the
approval of the bonds by the Secretary of the Local Government Commission to be
endorsed thereon shall be in substantially the following form:
(Form of Bond)
No.
No.
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
$5,000
$5,000
SCHOOL BOND
The COUNTY OF NEW HANOVER (hereinafter referred to as "County"), a county of
the State of North Carolina, for value received hereby promises to pay to the bearer
of this bond, or, if it be registered, then to the registered holder, the principal
sum of
(\1
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FIVE THOUSAND DOLLARS ($5,COO)
1
1
on April 1, 19__, and to pay interest thereon from the da.te of this bond until it
shall mature at the rate of per centum ( ~) per annum, payable semi-
I
annually on April 1 and October 1 in each year, upon pre~entation and surrender of
the coupons therefor attached hereto, as they severally ~ature. Both principal of
and interest on this bond are payable at the principal o~fice of Bank of North
Carolina, National Association, Jacksonville, North Carolina, or, at the option of
the holder or registered owner, at the principal office ~f Manufacturers Hanover
Trust Company, New York, New York, in such coin or curreri,cy of the United States
of America as at the time of payment shall be legal tend~r for the payment of public
and private debts.
This bond may be registered as to principal only by the holder in his name
on the bond register of the County kept in the office of the Bond Registrar of the
County, and such registration shall be noted hereon by sa,id Bond Registrar. If
so registered, this bond may be transferred on said bond :register by the registered
owner in person or by attorney, upon presentation of this bond to the Bond Registrar
with a written instrument of transfer in a form approved by said Bond Registrar
and executed by said registered owner. If this bond be SO registered, the principal
shall thereafter be payable only to the person in whose name it is registered,
unless this bond shall be discharged from registry by bei.ng registered as payable
to bearer., Such registratio~ shall not affect the negod.ability of the coupons
which shall continue to pass by delivery. '
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This bond is issued pursuant to Subchapter IV of ThE! Local Government Finance
Act and a bond order duly adopted by the Board of Commissioners of the County on
February 4, 1974 to pay the capital costs of providing school facilities in the
County. The issuance of this bond and the contracting of the indebtedness evidenced
thereby have been approved by a majority of the qualified voters of the County
voting at an election duly called and held in the County:on May 7, 1974.
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MINUTES OF REGULAR MEETING, MARCH 17; 1975 (CONTINUED)
RESOLUTION PRESCRIBING FORM OF SCHOOL BONDS
AND PROVIDING FOR SALE OF SAID BONDS (CONTINUED)'
It is hereby certified and recited that all condItions, acts and things
required by the Constitution.or statutes of the State of North.Carolina to exist,
be performed or happen precedent to or in the issuance of this bond, exist, have
been performed and have happened, and that the amount of this bond, together with
all other indebtedness of the County, is within every debt and other limit pre-
I scribed by said Constitution or statutes. The faith and credit of the County are
: eerebY ple?ged to the punctual payment of the princip.:ll of and interest on this
Jond in accordance with its terms.
IN WITNESS WHEREOF, the County has caused this bond to bear a facsimile
of the signature. of the Chairman and Clerk of its Boa:rd of Commissioners, and a
facsimile of the corporate seal of the County to be imprinted hereon, ,and the
annexed coupons to bear the facsimile signature of sa:ld Clerk and this bond to be
dated April 1, 1975.
(SEAL)
(facsimile signature)
Chairman, Boa:rd of Commissioners
(f,lcsimile signature)
Clerk, Board of Commissioners
(Form of Coupon)
No.
No.
On 'the 1st day of April/October, 19 ,the COUNTY OF NEW HANOVER, .a county
the State of North Carolina, will pay~o bearer
of
.
DOLLARS ($
)
at the principal office of Bank of North Carolina, National Association, Jacksonville,
North Caroiina, or, at the option of the holder or reJistered owner, at the 'principal
office of Manufacturers Hanover Trust Company, New York, New York, in such coin or
currency of the United States of America as at the time of payment shall be legal
tender for the payment of public and private debts, bp-ing the semi-annual interest
then due on its School Bond, dated April 1, 1975, No.
(f.lcsimile signature)
Clerk, Board of Commissioners
(Endorsement on Bond)
The within bond has been registered
as to principal only, as follf)ws:
Date of
Registration
Name of Registered
Holder
Signature of
Bond Registrar
.
The issue hereof has been appr.)ved
under the provisions of The Lo~al
Government Bond Act.
H. E. BOYLES
Secretary of the Local Government Commission
Designated A
ssistant
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 ~ONTINUED)
RESOLUTION PRESCRIBING FORM OF SCHOOL BONDS
AND PROVIDING FOR THE SALE OF SAID BONDS~CONTINUED)
7) The County Finance Officer is hereby authorized and directed to provide
a suitable bond register for the registration of said bond~ and to act as Bond
Registrar in registering said bonds and to carry out the provisions set forth in
said bonds for the conversion of said bonds into registered bonds and for the
transfer thereof. I
8) The Local Government Commission of North Carolina is hereby requested
to sell said bonds and to state in the Notice of Sale of said bonds that bidders
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may name one rate of interest for part of said bonds and auothermte or rates for
the balance of said bonds. Said bonds shall bear interesti at such ~ate or rates
as may be named in the proposal to purchase said bonds which shall be accepted by
said Local Government Commission.
9) The Chairman and the Clerk of the Board of Commissioners are hereby au-
thorized and directed to cause said bonds to be prepared and, when they shall have
been duly sold by said Local Government Commission, to execute said bonds and to
turn said bonds over to the State Treasurer of North Carolina, for delivery to
the purchaser or purchasers to whom they may be sold by said Local Government
Commission.
The motion having been duly seconded, and the resolution having been con-:l' .1
sidered, it was adopted. The vote on the adoption of the resolution was as follows:
AYES: Comm. Alper, O'Shields, Taylor, Wright, and C~m. Davis.
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NAYS: None.
APPROVAL OF OUT-OF-STATE TRAVEL FOR VOTING MACHINE TECHNICIAN
Upon motion by Comm. Wright, seconded by Cornm. Alper; a trip to Richmond,
Virginia, by Mr. Winfred Simpson, Voting Machine Technician, was unanimously
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approved so that Mr. Simpson could receive further instru~tion on the operation
of the voting machines. !
TABLING OF ADDITIONAL APPROPRIATION FOR LEGION STADIUM
Chm. Davis had requested that the County Manager and
review the budget to determine how an additional $200,000
fiscal year 1974/1975 for improvements to Legion Stadium.
County Finance Officer
could be appropriated in
(FoY' cOY'Y'ection, see page
County Manager Eller stated that it was their joint recommendation, if the
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Commissloners approved the additional appropriation, that the appropriation in the
Revenue Sharing Trust Fund, Transfer to Courthouse and Jail Construction, Account
#56 520 98, be reduced by $200,000 and that the appropriation for Maintenance &
Repairs - Other Improvements, Account 1156 620 72, in the :Revenue Sharing Trust
Fund be increased by that amount.
Comm. Alper moved that this item be tabled until the meeting of April 7 so
that the County Manager'could meet with the architects for the Jail/Law Enforcement
Center to discuss the budget for tha t project to determine that this $200,000 would
not be needed for the jail construction in fiscal year 1974/1975. Upon vote,
tabling motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Wright.
Voting Noe: Chm. Davis.
TABLING OF SOLICITATIONS ORDINANCE
As requested by the Commissioners at their meeting of March 3, County Attorney
Fox had prepared a proposed ordinance regulating solicit0tions in New Hanover
County entitled "An Ordinance Regulating the Business Activities of Itinerant
Merchants, Salesmen, Promoters, Peddlers and Hawkers within New Hanover County."
Cornm. Alper moved that consideration of this ordinance be tabled until April 7
in order to receive the comments of Sheriff Grohman and Captain Hayes. Upon vote,
tabling motion carried unanimously.
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MINUTES OF REGULAR MEETING, ,MARCH 17, 1975 (CONTINUED)
REQUEST OF W. S. FUNDERBURG DENIED - AIRPORT FIRE DEPARTMENT
Mr. W. S. Funderburg appeared before the Board to request that the Commissioners
rescind their action of March 3 creating a fire department at the New Hanover County
Airport,and that the Commissioners request proposals for the provision of fire
fighting services.
By common consent, the Commissioners agreed not to rescind their action of
March 3.
SOLUTION AUTHORIZING THE DEVELOPMENT OF BLAIR-NOBLE SCHOOL PARK
County Manager Eller reported that, if the Commissioners desired to proceed
with the application for Federal funds for the development of a park at Blair-
Noble School, the following resolution must be adopted. He further reported that
the initial cost to the County, under this proposal, would be $25,000 and that
annual operating costs upon completion of the project was estimated to be approxi-
mately $6,000.
WHEREAS, the Land and Water Conservation Fund Act of 1965 provides for the
making of grants by the Bureau of Outdoor Recreation, Department of Interior of
the United States Government to States and to local municipalities in support of
Outdoor Recreation projects and such funds are available after approval of the
appropriate State Agency and the Bureau of Outdoor Recreation; and
WHEREAS, the State is required to insure that there will be no discrimination
against any person of any race, color, sex, creed, or political affiliation; and
WHEREAS, the Board of Commissioners of New Hanover County realizes that
recreation facilities are hot adequate to ~eet the minimum recreational needs of
the people of New Hanover County; and
WHEREAS, it is believed that said Board with the assistance of the general
public is now in a position to lend full support to the development of a New Hanover
County park.
. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER
COUNTY, NORTH CAROLINA: ,
(1) That an application be made to the Bureau of Outdoor Recreation, Department
of Interior of the U. S. Government through the State of North Carolina for a develop-
ment grant of $35,000 which represents fifty percent (50%) of all costs ($70,000)
including preparation, plans and construction of recr'~ational facilities to be
completed in the fiscal year 1975-76.
(2) That the County Manager of New Hanover County be authorized and directed
to file such application on behalf of New Hanover County, to provide additional
information and to furnish such documents as may be rl~q.1ired by the Bureau of Outdoor
Recreation and the State of North Carolina and to act as the authorized correspondent
of New Hanover County.
(3) That the Director, Bureau of Outdoor Recreacion, Department of Interior
of the United States Government be, and hereby is assured of full compliance by
the applicant with the regulations promulgated pursuant to Title VI of the Civil
Rights Act of 1964.
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the foregoing
resolution was unanimously adopted.
APPROVAL OF OUT-OF-STATE TRAVEL - REGISTER OF DEEDS
. Upon motion by Comm. Wright, seconded by Comm. O'Shields, a trip to Arlington,
irginia, by Mrs. Lois C. LeRay, Register of Deeds, to attend a conference on
modernization of Land Data Systems was unanimously approved.
APPROVAL OF OUT-OF-STATE TRAVEL - SHERIFF'S DEPARTMENT
Upon motion by Comm. Alper, seconded by Comm. Wright, Lt. R. E. Spell in the
Sheriff's Department was unanimously authorized to attend the FBI National Academy
from April 7 until June 19, 1975.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
TRANSFER OF FUNDS - SHERIFF'S DEPARTMENT
Upon motion by Comm. Alper, seconded by Comm. Wright, a transfer of $2,000
from Salaries and Wages, Account #11 510 02, to Travel, Account #11 510 14, in
the Sheriff's Department was unanimously approved. $450 of this was for Lt. Spell's
expenses to attend the FBI National Academy and the remainger was to cover expenses
for other employees attending schools and the transportatiop of mental patients.
SALARY PLAN FOR FISCAL YEAR 1975/1976
The Commissioners had been furnished copies of memos from the State Personnel
, Office concerning cost-of-living increases and salary grad~ changes for clerical
personnel for fiscal year 1975/1976. The County Manager rkquested that the Com-
missioners adopt Alternate #2, which incorporated a 5 percknt cost-of-living
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increase across the board. He stated that it was necessary for the County to
notify the Mental Health Board as to which plan would be appropriate for their
use for fiscal year 1975/1976 as each of the three counties must agree on a plart
for the Mental Health Center. !
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Chm. Davis moved, seconded by Comm. Wright, the following:
;
1)
That the Board adopt Alternate #2, the salary plan which incorporated
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a 5 percent cost-of-living increase; 1
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That the Board approve budgeting for fiscal year 1975/1976 the clerical
and sub-professional classes at the levels recomm~nded by the North
Carolina Office of Personnel to be effective July: 1, 1974.
2)
3)
That the Board not approve the clerical and sub-professional classes
at the levels recommended by the North Carolina Office of Personnel to
be effective July 1, 1975. i
Upon vote, motion carried unanimously.
PUBLIC HEARING CALLED FOR AMBULANCE FRANCHISE ORDINANCE
County Attorney Fox had prepared an ordinance "An Ord,inance Making it Unlawful
to Provide Ambulance Service in New Hanover County without' a Franchise."
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Chm. Davis moved, seconded by Comm. O'Shields, that the Commissioners hold
a public hearing on April 21, at 10:00 o'clock a.m., on thIs ordinance; that the
Clerk publish notice of this public hearing in the Wilming~on Morning Star; and
that the County Manager provide copies of the proposed ordinance to the rescue
squads and the providers of ambulance service in the County. Upon vote, motion
carried unanimously. !
Comm. Wright moved, seconded by Chm. Davis, that the 0rdinance, as proposed,
be amended to include municipalities as being excluded froln this ordinance. Upon
vote, motion carried unanimously. 1
PUBLIC HEARING CALLED FOR ORDINANCE ESTABLISHING BUILDING pODES APPEALS AND LICENSING
BOARD
As requested by the Commissioners at their meeting of,March 3, County Attorney
Fox had amended the proposed ordinance entitled "An Ordina~ce of New Hanover County
Amending the Ordinance Providing for the Adoption, Administration and Enforcement
of Regulatory Codes, and Specifying Other Duties of Inspection Officials (Enacted
May 3, 1971)." This ordinance called for the establishment of a building codes appeal
and licensing board. ;
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By common consent, the County Commissioners scheduled~ this ordinance for a public
hearing on April 7 and requested the Clerk to publish noti~e of this public hearing
in the Wilmington Morning Star.
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APPROVAL OF GRANT APPLICATIONS - MUSUEM
The Commissioners were requested to approve two grant applications from the
Museum to the North Carolina Bicentennial Association as follows:
1) Grant in the amount of $450 to be used to provide a weekend of colonial
games and crafts for children and adults.
2) Grant in the amount of $1,500 to build a Cape FeaT Indian compound.
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
APPROVAL OF GRANT APPLICATIONS - MUSEUM (CONTINUED)
Cornm. Wright moved, seconded by Cornm. O'Shields, that these two grant appli-
cations be approved with the understanding that there would be no requirements
for any additional funds in the Museum budget due to these applications. Upon
vote, motion carried unanimously.
TRANSFER OF FUNDS - HEALTH DEPARTMENT
Upon motion by Comm. Alper, seconded by Cornm. Wright, the sum of
enanimOUSlY transferred from Capital Outlay Equipment, Account #44 590
tilities, Account 1144 590 13, in the Health Department budget.
$8,500 was
74, to
NORTH CAROLINA JAYCEES TO BE INVITED TO NEW HANOVER COUNTY
Upon motion by Comm. Alper, seconded by Comm. Wright, the Board unanimously
endorsed inviting the North Carolina Jaycees to hold~heir mid-year convention
in New Hanover County in November of 1975.
COMM. WRIGHT GREETS CHILDREN OF THE CONFEDERACY
Comm. Wright reported that she had greeted a con'Tention of the Children of
the Confederacy on behalf of the Board the previous wl~ekend.
LEGISLATION REQUESTED RE SENIOR CITIZEN EXEMPTION
Upon motion by Chm. Davis, seconded by Comm. Wright, the Board unanimously
approved writing their legislators requesting legislation to allow New Hanover
County to raise the property tax exemption for senior citizens from $5,000 to
$10,000 and to extend this same exemption to disabledeitizens, under 65, who
did not have sufficient income.
DISCUSSION OF VALUATIONS IN HISTORICAL DISTRICT
Comm. Wright reported that she had written RepreBentative S. Thomas Rhodes
asking that he investigate the possibility of granting a deferred assessment on
homes that were being renovated in the historical dis1~rict so that the new, full
value would not be put into effect until the homes had been renovated.
. Comm. O'Shields stated that this could work two ways because, in some instances,
eople could not get loans on these homes to enable rt~novation because the tax
values were so low.
No action was taken by the Board on this item.
MEETING SET WITH 'R. C. CANTWELL, MAl
Comm. Taylor 'reported that Mr. R. C. Cantwell, MA-I, had agreed to meet informally
with the Commissioners to discuss appraisal procedure:>.
By common consent, this meeting was set for Monday, April 7, at the end of the
regularly scheduled meeting--approximately 2 or 3 p.m.
Comm. Wright requested that Mr. Cantwell address himself primarily to the
relation between values on property in two different neighborhoods and, also, that
he address himself to the manual that was used by Cole-layer-Trumble Company.
TRANSFER OF FUNDS - MUSEUM
Upon motion by CominG Wright, seconded by Comm. Taylor, the Board unanimously
approved a transfer of $1,833 from Account #11 625 02, Salaries and Wages, to
Account #11 625 75, Capital Outlay - Museum Projects, for the following expenditures.
$957 -
342 -
414 -
. 120 -
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COUNTY HANAGER AUTHORIZED TO APPROVE EXPENDITURES FROI1 ACCOUNT 1111 625 75 - MUSEUM
Upon motion by Comm. Wright, seconded by Comm. Taylgr, the County Manager was
unanimously authorized to approve expenditures from Aecount #11 625 75, Capital
Outlay - Museum Projects, in the Museum budget. (FoY' addition, see page 152.)
Lumber for store fronts, boat siding, dock flooring, mast and rigging.
Glass for cases in China Exhibit
Glass for cases in Colonial Exhibit
Fabric for cases in China Exhibit
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)
APPROVAL OF CAPITAL OUTLAY EQUIPMENT EXPENDITURES - MUSEUM
Upon motion by Comm. Wright, seconded by Comm. Taylor, the following expenditures
from Account #11 625 74, Capital Outlay - Equipment, in t:he Museum budget were
unanimously approved as required by the Budget Reduction Policy.
Kodak Ektagraphic Visualmaker Kit - $150
Small hand tools (screwdrivers, pliers, tape measurE:s, etc.) - $80
One 10 AMP Amplifier - $60
One MX-6 Mixer - $40
One Sony TC 228 - $200
Two F 27 Mics. - $25
File cabinet lock vault combination - $68
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CONTRACT FOR SEWER LINE FOR NEW SCHOOLS DEFERRED
Mr. W. S. Funderburg appeared before the Board to discuss this contract with the
Commissioners.
Comm. Wright moved that approval of the contract for design for engineering
service for the construction of a gravity sewer line and pump station and force
main to serve the proposed new high school and 7th & 8th grade be tabled until
after the public hearing to be held on April 7 with regard to the 201 Facilities
Plan. Upon vote, tabling motion carried unanimously.
DISCUSSION OF ADOPTION OF CODE OF ETHICS
Chm. Davis had written the Commissioners a memorandum requesting that they
consider adoption of a Code of Ethics.
Chm. Davis filed withfue Clerk to the Board a statem=nt of property in New
Hanover County and stock owned by him and his wife. This statement is contained
in Exhibit Book II, Page 74.
Comm. Wright stated for the record that she and her pusband owned a house
in Hanover Heights, cemetery lots in Greenlawn, and anyth~ng else that they had
was in her husband's name and anybody that wanted to know: about that had better
ask him.
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No action was taken by~the Board on the Code of Ethies.
COMMISSION TO MEET WITH BOARD OF EDUCATION
County Manager Eller stated that Dr. Heyward C. Bellamy, Superintendent of
County Schools, wanted to meet with the Commissioners in I~xecutive session on
Tuesday, March 18, at 7:30 a.m. at the Holiday Inn regard}ng legal fees in the
desegregation case. i
By common consent, the Board agreed that those membefs who could
meet with Dr. Bellamy on March 18 at 7:30 p.m.
TRANSFERS OF FUNDS - AIRPORT
Upon motion by Comm. Wright, seconded by Comm. Taylor, a transfer of $250
was unanimously approved from Professional Services, Account 1131 650 04, to Postage
and Telephone, Account 1131 650 II, in the Airport budget to purchase postage stamps
through the end of the fiscal year and to install telephor!es in the Fire Department.
Upon motion by Comm. Alper, seconded by Comm. O'Shields, a transfer of $500
was unanimously approved from Account #31 650 04, Professional Services, to
Account #31 650 15, M&R - Buildings & Grounds, for emerge~cy building repairs
needed to the FAA Control Tower.
APPROVAL OF CAPITAL EXPENDITURE - AIRPORT
Upon motion by Comm. Alper, seconded by Comm. O'Shields, an expenditure of
$480 from Account #31 650 74, Capital Outlay - Office & Terminal, to purchase a
transceiver radio for the Fire Department was unanimously approved as required
by the Budget Reduction Policy.
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PLAQUE FOR MENTAL HEALTH. BUILDING (FoY' cOY'Y'ection, see page 152.)
By common consent, lt was agreed that the Board of Co;mrnissioners in office
when the original funds were appropriated for construction' of the Mental Health
Building would be on the plaque of the building. '
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MINUTES OF REGULAR MEETING, MARCH 17, 1975 (CONTINUED)'
MEETING WITH GOVERNOR'S COMMITTEE ON LAW AND ORDER
County Manager Eller reported: that the County's request for the LEAA Grant
for the Jail of $200,000 was to bel heard by the Governor's Committee on Law and
Order on Monday, March 24, at 9:00 a.m. in the Board Room of the Transportation
Building. He stated that he planned to attend and invited any of the Commis-
sioners who could to attend with him.
I Comm. Wright recommended that Sheriff Grohman and Architect, Herbert P. McKim,
4111te invited to attend.
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. Taylor, that the meeting be recessed to
go into executive session to discuss personnel and committee appointments. Upon
vote, motion carried unanimously.
Chm. Davis recessed the meeting to go into executive session at 3:55 p.m.
Chm. Davis reconvened the regular session at 4:30 p.m.
INTERIM DIRECTOR APPOINTED FOR JUVENILE SERVICES CENTER
County Manager Eller reported that Mr. Ronald R. Knopf, Director of the Lower
Cape Fear Juvenile Services Center, had submitted his resignation to be effective
March 22, 1975.
County Manager Eller recommended that Mr. Robert L. Ping of the Center be
appointed Interim Director to serve until a Director could be hired and that he
receive a two-step increase during his tenure as Interim Director. This was
agreed to by common consent.
VACANCY ON ENVIRONMENTAL IMPACT COMMITTEE (EIC)
Comm. Wright moved, seconded by Chm. Davis, that the vacancy created on the
EIC due to the transfer of Mr. Sam Cox, District Conservationist, remain open and
that it be filled by the new District Conservationist. Upon vote, motion carried
.unanimouslY.
AUGUSTA COOPER REAPPOINTED TO SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION (SEDC)
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, Mrs. Augusta Cooper
was unanimously reappointed to the Southeastern Economic Development Commission
for a four-year term to expire February 21, 1979.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 4:30 o'clock p.m.
Respectfully submitted,
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(Mrs.) Lise K. King CS
Clerk to the Board
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~INUTES OF SPECIAL MEETING, MARCH 21, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on
Monday, March 21, 1975, at 2:00 o'clock p.m. in the A3sembly Room, County Com-
mission Building, Wilmington, North Carolina, to consider the following:
1) Acceptance of additional allocation of $4l,5g1 for the Emergency
Jobs Program.
2) Appropriation for Legion Stadium in the 1974'-1975 budget.
3) Support for Junior League project
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