1975-11-03 Regular Meeting
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MINUTES OF SPECIAL MEETING, OCTOBER 27, 1975 (CONTINUED)
ADJOURNMENT
Comm. Taylor moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 12:45 o'clock p. m.
Respectfully submitted,
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(Mrs.) Aly~e B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975
ASSEHBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 3, 1975, at 11:45 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina. (The meeting was scheduled to begin at 11:00
o'clock a. m. but was delayed due to the length of the meeting of the Board of
Equalization and Review.)
Members present were Commissioners George E. Alper, Claud O'Shields, Jr.; William C.
Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; Attorney,
Joseph o. Taylor from the County Attorney's Office; and Clerk to the Board, Alyce B.
Brown. No members were absent.
Chm. Davis called the meeting to order.
Comm. Vivian S. Wright offered the invocation
APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 13, 1975
Comm. Wright requested that on Page 292 under "Appr::>val of Outside Help on Set-
tling Commercial Tax Problems" the record ~how that she had asked Mr. Fox about this
because she was concerned because they had been handling some commercial properties
during the hearings and he said that the Board could hire appraisers at any time.
Comm. Wright also asked that the record show that her vote was based on the fact that
Mr. Davis agreed to her request that his motion include the condition that the Board
receive a written summary on each case.
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Comm. Taylor moved, seconded by Comm. Alper, that the minutes of the Special
Meeting of October 13, 1975, be approved as corrected. Upon vote, motion carried
unanimously.
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 20, 1975
Comm. Taylor moved, seconded by Comm. Alper, that t\1e minutes of the Regular
Meeting of October 20, 1975, be approved as presented. Upon vote, motion carried
unanimously.
AWARD OF CONTRACT FOR REPAIRS TO AIRPORT HANGAR
The following bids were received for repairs to the Airport Hangar damaged in a
windstorm:
BID
DIscouwr
TOTAL
BID
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Roderick Machine Company
Raysand Builders
$ 15,680.
15,550
$ 235.
-0-
$ 15,455
15,550
County Manager Eller reported that the insurance caJ~rier would pay for all the
repairs with the exception of $626.
Comm. Alper moved, seconded by Comm. O'Shields, thai: the contract be awarded to
the low bidder, Roderick Machine Company, as recommended by the County Manager and Staff
and that the budget be amended as follows to account for the funds:
Appropriate $14,819 to Revenue Acct. - Misc. Income.. Acct. #31 333 04
Appropriate $14,819 to Expenditure Acct. - Maintenance & Repairs, Buildings
and Grounds, Acct. #31 650 15
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975 (CONTIHUED)
AWARD OF CONTRACT FOR REPAIRS TO. AIRPORT HANGAR (COUTINUED)
Transfer $626 from Capital 9utlay - Building, l\cct. #3l 650 72, to Maintenance
and Repairs, Buildings and Grounds, Acct. #31 (,50 15.
Upon vote, motion carried unanimously.
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APPROVAL OF REZONING OF PROPERTY LOCATED ON THE EAS~r SIDE OF HIGHWAY 132, SOUTH OF
CRESTWOOD DRIVE FROM R-l5 to R-lO
The Planning Staff had recommended that this p:coperty be rezoned from R-15 to
R-IO as requested, but the Planning Commission had denied the request at its meeting
of October 1, 1975.
This rezoning request was tabled at the Public Hearing of October 20, 1975, in
order to give the Commissioners a chance to inspect the property and to give the
parties involved a chance to get together and work out a solution to their differences.
Mr. Robert Calder, attorney for the Petitioners, and Mr. W. H. Grathwol, appeared
before the Board and reported to the Commissioners that they had met with residents
of Crestwood Subdivision and had furnished to the r~sidents a letter of intent with
regard to proposed construction by G & F Construction, Inc. on the property they had
requested be rezoned.
Mr. Terry Brown and Mr. Steve Aiken, residents of Crestwood SUbdivision, appeared
before the Board and stated that the residents of Crestwood had reached an agreement
with G & F Construction, Inc. and that they were satisfied with the proposed construction
as set forth in the letter to them from the attorney for G & F Construction, Inc. and
would agree to the rezoning ~equest On those conditions.
Mr. Richard Fendex, Planning Director, reported to the Commissioners that the
letter of intent could not be made a part of the rezoning.
A copy of the letter from G & F Construction, Inc. is contained in Exhibit
. Book'III, Page 38.
Comm. Alper moved, seconded by Comm. O'Shields, that since the two parties have
come together that the zoning be changed to R-IO and concur with the Planning Department.
Upon vote, the motion carried as follows:
Voting Aye: Cornm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
Comm. Taylor stated that he was vot,ing "aye" since the residerits had agreed to it.
A copy of the ronendment to the Zoning Map is contained in Zoning Ordinance Book I,
Section 9A, Page 15.
DENIAL OF REQUEST FOR SPECIAL USE PERMIT FOR A MARINA ON THE WEST SIDE OF THE INTRA-
COASTAL WATERWAY BETWEEN TRAILS END ROAD AND WHISKEY CREEK.
This request was t:abled at the meeting of October 6, 1975, at the request of the
applicant and on recommendation of the Planning Director, Richard A. Fender. The
applicant, Mr. G. E. Lowe, requested again that it be tabled indefinitely until he
could get his materials together to present to the Commissioners.
Mr. Thomas E. Oliphant appeared before the Bocrd to request that this application
for Special Use Permit be denied. He stated that S'3 persons from the neighborhood
appeared at the Planning Commission meeting and re,,:uested the denial, and the Planning
Commission had recommended tha~ the Special Use Pelmit be denied.
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Chm. Davis moved, seconded by Comm. O'Shields, that the request be tabled until
April l, 1976. Upon vote, tabl ing motion was defec:ted as follows:
Voting Aye: Comm. O'Shields and Chm. Davis
Voting Noe: Comm. Alper, Taylor and Wright
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975 (CONTINUED)
DENIAL OF REQUEST FOR SPECIAL USE PERMIT (CONTINUED)
Comm. Alper moved, seconded by Comm. Wright, that this application be rejected
and should the applicant decide to ask for the rezonin9 again that he go through
the normal procedures and that the people in the neighborhood be considered as being
imposed upon. Upon vote, motion carried as follows: '(FOR ADDITION SEE MIN. BK.l7,P.6)
Voting Aye: Comm. Alper, Wright and Taylor
Voting Noe: Comm. O'Shields and Chm. Davis
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EXECUTIVE SESSION
Chm. Davis moved, seq:mded by Comm. Alper, that the meeting be recessed to Execu-
tive Session to discuss land acquisition for the hospi1:al with Mr. Michael C. Brown,
Chairman of the New Hanover Memorial Hospital Board of Trustees. Upon vote, motion
carried unanimously.
Chm. Davis recessed the meeting to Executive Sess+on at 12:15 o'clock p. m.
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Chm. Davis reconvened the meeting to Public Session at 12:40 o'clock p. m.
NAMING OF PUBLIC ROADS IN VICTORY GARDEN ESTATES
Mr. Harry Oakes of the Planning Department appeared before the Board and stated
that the majority of the residents in Victory Garden E~;tates had approved the suggested
names of the streets as Victory Gardens Drive for the 60 foot right-of-way and Verbenia
Drive for the 30 foot right-of-way. The Planning Depa~tment had checked the files and
there were no duplications of the suggested names.
Chm. Davis asked if there was anyone present to speak for or against these sug-
gested names and no one appeared before the Board in this regard.
Chm. Davis moved, seconded by Comm. Alper, that the names suggested (victory Gardens
Drive and Verbenia Drive) be approved. Upon vote, motion carried unanimously.
REQUEST FOR ADDITIONS TO STATE SYSTEM OF ROADS
County Manager Eller reported that the Department of Transportation, Division of
Highways had advised that 'rreasure Island Way, Long John Silver Drive, Mark Twain Drive
and Robert Stevenson Drive, all in Treasure Cove Subdivision, and Bristol Road and
Greenwich Lane in Section E Lansdowne Estates, met the requirements for addition to the
State Secondary Road Systeln. The Commissioners were requested to approve a Resolution
requesting that these streets be added to the State System.
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Comm. O'Shields moved, seconded by Comm. Wright, t:hat these roads be submitted to
the State for their inclusion in the State Secondary Road System. Upon vote, the
following Resolution was wlanimously adopted:
NORTH CAROLINA
COUNTY OF NEW HANOVER
REQUEST FOR ADDITION
TO
STATE MAINTAINED SECONDARY ROAD SYSTEM
WHEREAS, the attached petition has been filed with the Board of County Commissioners
of the County of New Hanover requesting that the above described roads, the location of
which have been indicated in red on the attached map, be added to the Secondary Road
System; and
WHEREAS, the Board of County Commissionersis of the opinion that the above de-
scribed roads should be added to the Secondary Road System, if the roads meet minimum
standards and criteria established by the State Highway Commission for the addition
of roads to the System.
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NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County
of New Hanover that the State Highway Commission is hereby requested to review the
above described roads, and to take over the roads for maintenance if they meet estab-
lished standards and criteria.
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975 (CONTINUED)
APPROVAL OF PLANNING DEPARTMENT APPLICATION FOR GRAN'r FUNDS FROM NATIONAL ENOOWMENT
FOR THE ARTS
The Planning Department had requested the Commi:,sioners' approval for submission
of a grant application for planning the National Register Area of Wilmington. This
item was considered by the Commissioners at their me,~ting of October 27 and the vote
ended in a tie and had to be voted on again.
Mr. Richard Fender, Planning Director, appeared before the Board to state the
.Planning Department's position in this matter. He explained that they were only
asking for $3600, and since it was strictly a City p:coject, they would request the
funds from the City, but the Planning Department was a City-County agency and they
wanted the Commissioners' endorsement even though it was not required in this instance.
Chm. Davis moved, seconded by Comm. O'Shields, approval of the Planning Department's
application for grant funds from National Endowment for the Arts. Upon vote, motion
carried as follows:
Voting Aye: Comm. Alper, O'Shields and Chm. Davis
Voting Noe: Comm. Taylor and Wright
TABLING OF REAUTHORIZATION OF LEAA PROGRAM
The Commissioners were requested to adopt a Resolution supported by the National
Association of Counties urging Congress to continue ":he LEAA Program. County Manager
Eller stated that the Sheriff had wanted to comment on this item but had to leave the
meeting.
Comm. Alper moved, seconded by Comm. Wright, that this matter be tabled until
next week. Upon vote, tabling motion carried unanimously.
TABLING OF PROPOSAL FOR PHYSICIAN'S ASSISTANT AT NEW HANOVER COUNTY JAIL
Since Sheriff Grohman was not present to commen1: on this matter, it was agreed by
common consent to table it until the next meeting.
.APPROVAL OF CHILD SUPPORT ENFORCEMENT PROGRAM BUDGET
County Manager Eller reported that the Social Services Director had proposed the
following Expenditure budget to implement the Child ~;upport Enforcement Program:
Expenditures:
Acct. #11 610 02 - Salary (Gr. 66) Social Worker II $ 5,929.
Acct. #11 610 05 - FICA 347.
Acct. #11 610 06 - Hospital Insurance 115.
Acct. #11 610 07 - Retirement 395.
Acct. #11 610 10 - Mileage 600.
Acct. #11 610 11 - Telephone & Postage 375.
Acct. #11 610 33 - Departmental Supplies 500.
Acct. #11 610 74 - Equipment - desk, $203; chai1: , $67 270.
TOTAL $ 8,53l
Mr. Eller also reported that if the expenditure budget was acceptable, the 1975/76
budget should be amended as follows:
Revenue Acct. #11 349 17 - Federal Share (75%), Child Support
Enforcement $ 6,398
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Transfer from Contingencies to Salaries
Acct. #11 610 02 - County Share (25%)
2,133
TOTAL
$ 8,531
Comm. Alper moved, seconded by Comm. O'Shields, to approve the expenditure budget
as outlined and amend the 1975/76 budget as outlined. Upon vote,motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975 (CONTINUED)
APPROVAL OF TAX ABATEMENTS &. REFUNDS
Attorney Joseph O. Taylor reported that he had gone over the list of Abate-
ments and Refunds as furnished by Mr. Larry Powell, 'lax Administrator, and found
it to be in order.
Comm. O'Shields moved, seconded by Comm. Alper, that the list of Abatements and
Refunds as furnished by the Tax Office be approved. Upon vote, motion carried
as following:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
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Voting Noe: Comm. Wright
A copy of this list is contained in Exhibit Book III, Page 39
APPOINTMENTS TO ZONING BOARD OF ADJUSTMENT
Upon motion by Corom. O'Shields, seconded by Cornn. Taylor, the following per-
sons were unanimously appointed to the Zoning Board of Adjustment upon their
acceptance of the appointment.
Mr. William J. Kelly - Regular Member
Mr. Calvin F. Wells - Regular Member
Mr. C. G. Berry - Alternate Member
Mr. B. B. Willoughby - Alternate Member
TABLING OF APPOINTMENTS TO PLUMBING BOARD OF EXAMINERS
Since the adoption of the Plumbing Ordinance on October 20, it was necessary
for the Commissioners to appoint two master plumbers and one journeyman plumber
to the Plumbing Board of Examiners. A list of recommended plumbers was fur-
nished to the Commissioners by the County Plumbing Inspector.
Chm. Davis moved, seconded by Comm. Wright, tha.t this matter be tabled until
a list of all the plumbers under each category in NEW Hanover County could be
furnished to the Commissioners. Upon vote, motion carried unanimously.
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DISCUSSION OF PLAQUE TO BE PLACED IN JAIL/LAW ENFORCEMENT CENTER
Comm. Wright stated that she would like for thE! Commissioners to ask Mr. McKim
to make some kind of provisions in the plan for a piaque to be placed in some
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appropriate area in the new jail/law enforcement ceQter in honor of Mr. Joe Johnson,
who served so well as a jailer for many years. '
After some discussion, ChID. Davis directed COillity Manager Eller to ask Mr.McKim
about the appropriateness of such a plaque to be p~aced in the new jail/law
enforcement center in honor of certain persons.
APPOINTMENT TO MARINE RESOURCES BOARD
Chm. Davis stated that Norris Teague is curreni:ly serving on the Marine Re-
sources Board and is very interested in staying on the Board.
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Chm. Davis moved, seconded by Comm. Alper, that Mr. Teague be reappointed to
this Board. Upon vote, motion carried unanimously.
DISCUSSION OF OPEN HOUSE REPORT
Comm. Wright reported that she was very concerned over the report received
from Open House. She noted that their services had been cut down to almost nothing
since it had been piaced under control of the Mental Health Board.
APPROVAL OF BUDGET TRANSFER - JUVENILE SERVICES CENTER
County Manager Eller reported that there were five employees at the Juvenile
services Center who were relatively new and needed to attend a training session in
Greensboro. Mr. Holden, Director of the Center, had requested a transfer of $180
from Miscellaneous Expense, Acct. #11 522 57, to Travel, Meetings and Schools,
Acct. #11 522 14, in the Juvenile Services Center Budget.
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Comm. Wright moved, seconded by Comm. Alper, that the budget transfer be
approved as outlined by the County Manager. Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, NOVEMBER 3, 1975 (CONTINUED)
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APPROVAL OF INCREASE IN FEES FOR JUVENILE SERVICES CENTER
County Manager Eller reported that during a recent cost analysis on the cost
per day of keeping juveniles at the Center, it was found that it was costing the
County $23.06 per child per day. Mr. Holden, Director of the Juvenile Services
Center, and Mr. Eller recommended that the fee charged to other counties for keeping
detainees be increased to $25.00 per day. In the pas1: the fee had been offset by
an LEAA grant, but this year the County was paying thE~ whole cost of the operation.
The second part of the recommendation made by Mr. Eller and Mr. Holden was that the
.testing fee, charged to parents, b~ increased from $1:2.00 to $l5.00.
Comm. Alper moved, seconded by Comm. Taylor, that the fees be increased as
recommended by the County Manager.' Upon vote, motion carried unanimously.
BUDGET AMENDMENT - HEALTH DEPARTMENT CONSTRUCTION
County Manager Eller recommended that the budget be amended to account for $6l4
received from Electricon to be paid on the Carolina Power & Light Bill for the
Health Department Construction by appropriating $614 as Revenue to Fees - Other,
Acct. #44 359 DO, and as an expenditure to Acct. #45 590 13, Utilities.
Upon motion by Comm. Wright, seconded by Comm. ~Iaylor, the budget amendment
was unanimously approved as outlined by the County Mimager.
BUDGET AMENDMENT - PUBLIC ASSISTANCE LIABILITY INSURlillCE
County Manager Eller reported that when the purchase of the public assistance
liability insurance was authorized, a budget transfer was made to cover it. Since
a purchase order was not ordinarily written for insurance, the funds were not
encumbered, and the invoice was not received until fulgust 1, 1975, this fiscal year;
therefore, enough funds were not budgeted in the insurance account. He recommended
that $7,000 be transferred fr~m Contingencies, Acct. #ll 445 61, to Insurance and
Bonds, Acct. #11 660 54, to cover the insurance premiums for this fiscal year.
Comm. Alper moved, seconded by Comm. O'Shields, that the budget be amended
as recommended by the County Manager. Upon vote, motion carried unanimously.
. ADJOURNMENT
· Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 1:15 o'clock p. m.
Respectfully submitted,
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(Mrs.) AlYCE! B. Brown
Clerk to the Board
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