1974-12-16 Regular Meeting
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
December 16, 1974, at 9:00 o'clock a.m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
M. H. Vaughan; Vivian S. Wright; ~hairman Peter R. Davis; County Attorney, James C. Fox;
County Manager, Dan W. El~er; and Clerk to the Board, Lise K. King. No members were
. absent.
Chm. Davis called the meeting to order.
Comm. Wright offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 2, 1974
Comm. Wright moved that the minutes of the regular meeting held on December 2,
1974, be approved as presented. Motion died for lack of a second.
Comm. Vaughan requested that on Page 56, under the public hearing for a spe-
cial use permit to use property on Silver Lake Road for a school, the record show
,that the Board of Education had agreed that they would try to put in bike paths
for the protection of the school children.
Comm. Vaughan requested that on Page 59 under "Denial of Memorandum of Agree-
ment between Cape Fear Council of Governments and th~ Cape Fear Resource Conserva-
tion and Development Sponsors, Region 0" the record include Comm. Alper's statement
which was as follows: "I think that it boils down to this--do we want to help our
neighboring counties at no penalty to ourselves and ,l raid on the Treasury, as
Mr. Vaughan says, or don't we?"
Comm. Vaughan requested that on Page 59 under "Legislators to be Requested to
Abolish Harbor Master Position" the record show that Representative B. D. Schwartz
had told Comm. Vaughan that he intended to take action immediately after the
. beginning of the legislative session to abolish the Harbor Master position in so
far as it was a boondoggle was concerned.
Comm. Vaughan requested that on Page 64 under the committee appointments that
were made, the record show that Chairman Davis did not make appointments but that
these were made by the Board as a whole. Chm. Davis stated that he agreed with
this and had brought this out at the meeting of December 2.
Comm. O'Shields requested that on Page 62 under "Report on Cost of Jail
Improvements" his comm.ents be included in the record. Comm. Wright and Chm. Davis
requested that their comments also be included in thf! record. These were as
follows:
Comm. O'Shields stated that he felt the Board should wait until they had had
some response from Judge Tillery.
Comm. Wright stated that she could not see making this large an expenditure
at the present time in that the County was in the process of constructing a new
jail.
Chm. Davis stated that he hated to think of the people, innocent and guilty,
who would waste days and nights in that dark, dank area for the next two or three
years.
Upon motion by Comm. O'Shields, seconded by COronl. Alper, the minutes of the
..regular meeting held on December 2, 1974, were unanimously approved as corrected.
AGREEMENT TO IMPROVE EXISTING JAIL
At their meeting of December 2, 1974, the County Commissioners had voted to
advise Judge Tillery that the Commissioners felt that providing hot water and lights
in the isolation cells of the County Jail was a large expenditure which the County
should not make at this time since they were proceeding to build a new jail. This
motion had passed by a vote of three to two; Comm. Alper and Chm. Davis voting "noe."
Judge Tillery appeared before the Board to request that the Commission recon-
sider this decision and follow through with the request of the grand jury.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
AGREEMENT TO IMPROVE EXISTING JAIL (CONTINUED)
Chm. Davis moved, seconded by Comm. Alper, that the Board approve the expendi-
ture of approximately $2,600 for lights and water for the isolation cells in the
jail as requested by the grand jury and recommended by the County Engineer (upon
consultation with the Sheriff) and that the County Manage,r be requested to come
back to the Board for a transfer of funds for this purpose when the exact amount of
funds necessary had been determined. Upon vote, motion ~arried as follows:
Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
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Voting Noe: Comm. Wright.
REQUEST FOR OFFICE FOR JUVENILE COURT COUNSELORS
Judge Gilbert H. Burnett appeared before the Board to request that the pro-
posed offices for the juvenile court counselors be sound-'proofed. These were the
offices which presently housed the Inspections Department. No action was taken by
the Board.
RECOMMENDATIONS RE PROPOSED LAW ENFORCEMENT CENTER (See addition Page 75)
Judge Gilbert H. Burnett appeared before the Board t:o suggest that the following
be included in the proposed law enforcement center.
1) Magistrate's court (office).
2) One courtroom with related offices.
3) A secure way to get the criminal defendants fro~l the jail to the courtrooms.
Architect, Herbert P. McKim, was also present at the meeting, and these sugges-
tions were taken under advisement.
PUBLIC HEARINGS POSTPONED TO JANUARY 20, 1974
At the request of the Petitioner in both instances, Chm. Davis moved, seconded
by Comm. Wright, that the following public hearings be postponed until the meeting
of January 20, 1974, with definite action being taken at that time.
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Public hearing to consider an appeal from the recornnendation of the Planning
Commission to rezone property on the west side of S.R. 1.576 approximately 455 feet'
south of the intersection of Carolina Beach Road (U.S. H1VY' 421) and S.R. 1576 from
R-15 (Single Family District) to R-lO (Single Family Dis,trict) in Zoning Area 114.
Public hearing to consider an application for a Spe::ial Use Permit to use
property located on the south side of Middle Sound Loop :load (S.R. 1403) just south
of North Hills Drive for a Convenience Food Store in ZonIng Area 113.
REPORT FROM THE JAIL/LAW ENFORCEMENT CENTER ARCHITECTS
Mr. Herbert P. McKim of Ballard, McKim & Sawyer/Hartman-Cox, Associated Archi-
tects, appeared before the Board and presented the revised project schedule and a
booklet entitled "Environmental Prograrnning - Adjusted Spaces - FinaL"
'REPORT ON COMMITTEE TO REVISE SUBDIVISION REGULATIONS
Planning Director Richard A. Fender stated that he hoped to be able to come
back to the Board in two to three months with definite recommendations from the
Committee to Revise Subdivision Regulations. He requested that this Committee be
expanded to include County Attorney Fox, and this was agreed to by common consent.
REPORT ON STATUS OF COUNTYWIDE WATER AND SEWER PLAN
Col. Paul Denison and Mr. Henry von Oesen of Henry von Oesen & Associates
appeared before the Board to give a status report on the countywide water and
sewer plan. A copy of this report is contained in Exhibit Book II, Page 48. They
stated that they hoped to have the study completed by early summer.
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Chm. Davis requested permission to represent the County Commissioners before
the Wilmington City Council to request that they appoint one or two people in order
to facilitate the necessary agreement between the County and the City for the
County to hook into the City's water plant. The majority of the Board felt that
this action was premature and would not agree to this.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
POPULATION AND PLANNING INFORMATION FOR WATER AND SEWER FACILITIES DESIGN
The Planning Department had developed some population information for use by
the engineers in preparing the countywide Water and Sewer Plan~ Planning Director
Richard A. Fender and Assistant Planning Director, Bill Farris, appeared before the
Board to present this to the Commissioners prior to presentation to the engineers.
A copy of this report is contained in Exhibit Book II, Page 49.
INTENTION TO FUND RETIRED SENIOR ~OLUNTEER PROGRAM (RSVP) IN FY 75-76
. Mrs. Eleanor S. Edge, RSVP Program Director, appeared before the Board along
with Mr. Luther M. Cromartie, RSVP Advisory Committee Chairman, to request that the
Commissioners approve a letter of intent to fund the RSVP in the amount of $1,420
in fiscal year 1975-1976.
Comm. Alper moved, seconded by Comm. O'Shields, that the Board submit a letter
of intent to fund the Retired Senior Volunteer Program in the amount of $1,420 in
fiscal year 1975-1976. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.
Voting Noe: Comm. Vaughan and Wright.
Comm. Wright stated for the record that she believed that this should be funded
voluntarily through The United Way.
REPORT ON ACTIVITIES OF THE NEW HANOVER DRUG ABUSE COMMITTEE, INC. (See additions~ Page 75)
Mr. Kenneth Sprunt appeared before the Board to report on activities of the
Drug Abuse Committee. He introduced Mr. Pat Simmons, Coordinator of The Open House,
Ms. Cathie Bell, who had served as Acting Executive Director of the Drug Abuse Com-
mittee, and Mr. Robert Marchant, newly appointed Executive Director of the Drug
Abuse Committee.
Mr. Sprunt stated that The Open House had had to discontinue their transient
service due to lack of qualified personnel. The Commission expressed concern over
. this action.
Mr. Sprunt also requested an additional $2,000 from the County in fiscal year
1974-1975 in that The United Way had reduced their promised donation of $21,000
to $13,000.
Chm. Davis requested a formal request for the additional $2,OOOto be presented
at the Commission's meeting of January 20, 1975, and that the Committee report
further on progress made with regard to transient service. This was agreed to by
common consen t.
ENDORSEMENT OF THE PORT AND WATERWAY DEVELOPMENT COH~ISSION
Messrs. John Van B. Metts, W. S. R. Beane, andL. M. Cromartie (members of a
Chamber of Commerce task force to investigate the ne,~d for the establishment of a
formal group that would dedicate its efforts to the improvement of the Cape Fear
River, adjoining waterways, inlets, beaches and other related areas) appeared before
the Board to request that the Commission endorse the establishment of The Wilmington-
New Hanover Port, Waterway and Beach Commission.
Comm. Vaughan moved, seconded'by Comm. Wright, the following:
1) That the Board endorse the reestablishment of the Port and Waterway
Development Commission (\1mmitting "Beach");
2) That this be funded in the future as it had been in the past;
. 3) That this be funded in fiscal year 1974-1975 in the amount of $500 as
shown in the current budget; and,
4) That the members of the task force come back to the Board with recommenda-
tions for appointments to this Commission.
Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
TRANSFER OF FUNDS - CAPE FEAR TECHNICAL INSTITUTE
At its meeting of December 2, 1974, the Commission had tabled a request for a
transfer of $5,000 from Buildings - Alterations & Additions, Account 119151, to Repairs -
Facilities, Account #6223, in order to get further information.
Mr. M. J. McLeod, President of Cape Fear Technical Institute, appeared before
the Board along with Board members George W. Graves and Miriam Schwarz and Business
Director, Charles Coleman, to discuss this with the Commission. Mr. McLeod
explained that funds had been budgeted for this purpose in FY 73-74 but had not been
used due to the delay occasioned in getting a new contract after the original con-
tractor had declined to do the job.
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Upon motion by Comm. Alper, seconded by Comm. O'Shields, the requested transfer
of $5,000 from Buildings - Alterations & Additions, Account 119151, to Repairs-
Facilities, Account #6223, was unanimously approved by the Board.
DEFERRAL OF TRANSFER OF FUNDS FOR INSURANCE - CAPE FEAR TECHNICAL INSTITUTE
At its meeting of December 2, 1974, the Commission had tabled a request for a
transfer of $2,675 from Unappropriated Fund Balance to Insurance to cover liability
insurance on trustees and additional Workmen's Compensation Insurance.
By common consent, this item was referred to the County Manager for study to
determine if the Board of Trustees for Cape Fear Technical Institute could be covered
by the same policy as the members of the Board of Education.
REPORT ON STEEL PILINGS - CAPE FEAR TECHNICAL INSTITUTE
Mr. M. J. McLeod, President of Cape Fear Technical Institute, presented the
following report concerning the dispute over the contract which had been let by the
State Purchase and Contract Division for steel pilings.
"The architects had been advised by their engineers that we would need steel
piling. Therefore, they requested that we go ahead and buy the steel piling to
avoid delays after the contracts were let. We contacted: State Purchase and Con-
tract and they advertised for bids, with no results. Later they advertised again
with one (1) bidder. Purchase and Contract contacted Mr. Mihal of our staff as to
whether the bid should be accepted. Mr. Mihal contacted the architects who advised
him to wait until they consulted the engineers. Meanwhile, the man in P & C
handling the deal was going on vacation and awarded the ~ontract with the stipulation
that the bidder should have confirmation from CFTI in a few days. Our confirmation
by State regulation would have been to issue a CFTI Purc~ase Order. The purchase
order was not issued. The bidder claims he had a bonafide order and he, in turn,
ordered the piling. The Board of Awards says he did have an order.
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In the meantime, the engineers looked at the succeS:3 the contractor on the
first building had in penetrating the underground rubble' left from previous buildings
and the marl strata by use of an I beam ram. The enginel~rs concluded that the same
method could be used on the tower building, and cement plling substituted for steel
piling at a savings of $50,000.
The steel piling bidder informed the State that he would claim $15,000 to cover
his expenses if he did not sell us the steel piling. The CFTI Board wisely con-
cluded that a savings of $35,000 could be effected even if the full penalty was paid
and agreed to the use of concrete piling. The piling bidder has since cut his
request to $3,395.62, but the State rejected the request as lacking details and
proof of costs. Apparently, the chances are very good that no penalty will be paid.
We also feel that the real error was on the part of State Purchase and Contract, and
if any penalty is paid, it should come out of the State'B portion of the building
funds."
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DISCUSSION OF FINAL SUBDIVISION PLATS - BAYSHORE ESTATES, SECTIONS 7,
Mr. Richard Morgan, Attorney at Law; Mr. Jabe Hardee, Secretary
Estates, Inc.; and Mr. Howard Loughlin, Surveyor; appeared before the
discuss the $25,300 letter of credit proposed by the Cou~ty Engineer.
Como. Vaughan moved that this item be tabled until after lunch to determine
if the Highway Department would accept the unpaved street stubs into the State's
Secondary Road System as proposed. Upon vote, motion caI:ried as follows:
8 & 9
of Bayshore
Board to
Voting Aye: Comm. Alper, Vaughan, and Wright.
Voting Noe: Comm. O'Shields and Chm. Davis.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from l:35 to 2:35 o'clock p.m.
BAYSHORE ESTATES, SECTIONS 7, 8 &'9 - APPROVAL OF FBAL SUBDIVISION PLATS
County Manager Eller reported that he could not contact the Staff Engineer in
the Department of Transportation with regard to the ,!lcceptance of unpaved street
stubs into the State's Secondary Road System.
. Comm. Alper moved, seconded by Comm. Vaughan, that the County require the
, $25,300 letter of credit as recomfuended by the County Engineer with the stipulation
that this be reduced to $5,000 if it were determined from the Department of Trans-
portation that they would accept the unpaved street stubs into the State's
Secondary Road System and, further, that the Chairman be authorized to sign the
subdivision plats upon presentation of the $25,300 letter of credit in the proper
form approved by the County Attorney. Upon vote, motion carried unanimously.
By common consent, it was agreed that the Planning Department would formulate
a policy with regard to street stubs for presentation to the Commission.
SILVA TERRA SUBDIVISION, SECTION 4-A - FINAL PLAT APPROVAL
Mr. Terry Harlacher, Staff Planner, presented the final subdivision plat for
Silva Terra Subdivision Section 4-A, and stated that the Subdivision Review Com-
mittee had approved this at their meeting of August 26, 1974.
Upon motion by Comm. O'Shields, seconded by Cornn. Wright, this plat was
unanimously approved and the Chairman was authorized to sign it.
BRIERWOOD SUBDIVISION - FINAL PLAT APPROVAL
Mr. Terry Harlacher, Staff Planner, presented the final subdivision plat for
Brierwood Subdivision and' stated that the Subdivision Review Committee had approved
this plat at their meeting of June 24, 1974.
Upon motion by Comm. O'Shields, seconded by Comra. Wright, this plat was unani-
.mouslY approved and the Chairman was authorized to sign it.
KIMBERLY ESTATES, SECTION 1 - FINAL PLAT APPROVAL
Mr. Terry Harlacher, Staff Planner, presented the final subdivision plat for
Kimberly Estates, Section 1, and stated that the Subdivision Review Committee had
approved this plat at their meeting of November 25, 1974.
Upon motion by Comm. O'Shields, seconded by Comml. Wright, this plat was unani-
mously approved and the Chairman was authorized to sign it.
APPROVAL OF EXPENDITURE OF BOND FUNDS - BOARD OF EDUCATION
Upon motion by Comm. Vaughan, seconded by Comm. O'Shields, the expenditure of
$10,473.02 from the contingency funds within the bond issue for ,the Carolina Beach
Library and completion of one additional classroom was unanimously approved by the
Board.
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Wright, that the meeting be recessed
to go into executive session to discuss land acquisition with Dr. Heyward C. Bellamy,
Superintendent of Schools, and Board of Education members Paula Williams and
Victor Taylor. Upon vote, motion carried unanimously.
Chm. Davis recessed the regular meeting to go into executive session at
3:10 o'clock p.m.
. Chm. Davis adjourned the executive session to gc back into the regular meeting
at 3:15 o'clock p.m.
COUNTY ATTORNEY FOX TO REPRESENT SHERIFF GROHMAN, ET AL.
Upon motion by Comm. Wright, seconded by Comm. O'Shields, County Attorney Fox
was unanimously authorized to represent Sheriff H. G. Grohman and other members of
the Sheriff's Department in a civil suit filed by Mr. Larry Bernard, a former inmate
of the county jail.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
PAYROLL CHECKS TO BE DISTRIBUTED ON DECEMBER 23
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the Board unanimously
approved the distribution of payroll checks on December 23 rather than December 31
so that county employees could have this check before Christmas.
ESTABLISHMENT OF FEE SCHEDULE FOR SEDIMENTATION AND EROSION CONTROL PERMITS
County Engineer, Richard Epling, requested that thE! Commissioners approve a
permit fee of $25 per acre for permits issued under the 'Erosion and Sedimentation
Control Ordinance.
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Upon motion by Comm. Vaughan, seconded by Comm. Wright, the Board unanimously
referred this proposed schedule to the Environmental Impact Committee for a recom-
mendation from them to be received no later than the first meeting in February, 1975.
Upon motion by Comm. Vaughan, seconded by Comm. Alper, an interim fee of $25
per acre was unanimously approved with the stipulation that any overage would be
refunded if the permanent fee as finally adopted was le~s than $25.
COUNTY MANAGER TO DETERMINE NECESSITY OF VENT FOR UL-API'ROVED MOBILE HOME
Mr. Bill Melton, Plumber, appeared before the Board with regard to the installa-
tion of an additional outside vent for UL-approved mobil..e homes.
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Comm. Vaughan moved, seconded by Comm. O'Shields, that the Board instruct the
County Manager to determine forthwith whether it was within the authority of the
County to require outside ventilation for UL-approved mqbile homes and, if it were
not, to cease doing so herewith. Upon vote, motion carried unanimously.
Mr. Melton also discussed with the Commissioners the use of underground plastic
sewage pipes. No action was taken in this regard. It ~as the concensus of opinion
of the Board that this should be referred to the propos~d Appeals and Licensing
Board.
ROAD PETITION - SHANDY POINT DEVELOPMENT
Comm. Wright moved, seconded by Comm. Alper, that the Board adopt a resolution
requesting the Department of Transportation to accept the roads in Shandy Point
Development into the State's Secondary Road System. Upon vote, motion carried
unanimously.
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SILVER LAKE ROAD DRAINAGE
Comm. Wright moved that a discussion of the Silver Lake Road drainage problem
be tabled until the meeting of January 6, 1974, and that the County Manager and
County Engineer make a recommendation at that time. Upon vote, tabling motion carried
unanimously.
DISCUSSION OF TREE PLANTING PROGRAM
At the request of Chm. Davis, County Extension Chairman, Durwood Baggett, had
developed a proposed tree planting program. Mr. Baggett appeared before the Board
to discuss this proposal with the Commissioners.
Comm. Vaughan moved that this item be tabled until the local nurserymen could
be invited to attend the discussion. Upon vote, tabling motion was defeated as
follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Alper, O'Shields, and Chm. Davis.
No action was taken in this regard, but Chm. Davis requested that the Board
give the proposal serious consideration over Christmas and that it be placed back
on the January 20, 1975, agenda.
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REVISION OF STATE AND COUNTY PARTICIPATION FOR SALARIES .- AGRICULTURE EXTENSION
Comm. Wright moved, seconded by Comm. Vaughan, that the percentages of State
and County funding of the salaries of the Agriculture Ex~ension employees be adjusted
so that the State and County would pay the same percentage on each salary. Upon vote,
motion carried unanimously. This did not require any additional funds and did not
change the total budget for the Agriculture Extension Office.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
DISCUSSION OF COUNTY COMMISSION ELECTION'S BEING HE:LD ON NON-PARTISAN BASIS
Comm. Vaughan moved that, in the future, the County Commission election be
held on a non-partisan basis and that the primary be held in October with the elec-
tion's being held in November. Motion died for lack of a second.
By common consent, this item was deferred to be discussed with the legislators
at the meeting of January 6 with the possibility of setting a public hearing to get
community input on this suggestion.
TRANSFER OF FUNDS - REGISTER OF DEEDS
Mrs. Lois LeRay, Register of Deeds, had requested that funds be provided for
the purchase of a Microstar-Reader-Printer. In orner to provide the $12,000 needed
to purchase this equipment, the Register of Deeds and County Manager recommended
the following:
1) The sum of $731 saved on the purchase of a plat cabinet under Equipment,
Account 1111 480 74, be used toward the purchase of the proposed equipment.
2) The sum of $350 budgeted under Equipment, Account 1111 480 74, for the
purchase of an electric certification stamp be used toward the purchase
of the proposed equipment. The certification stamp would not be purchased
in fiscal year 1974-1975.
3) The sum of $2,126 be transferred from Salaries, Account IIl1 480 02, to
Equipment, Account 1111 480 74.
4) The sum of $1,000 be transferred from Supplies, Account #11 480 33, to
Equipment, Account 1111 480 74.
(The above transfers would provide $4,207.)
5) The additional sum of $7,793 be transferred from Contingencies,
Account 1111 445 61, to Equipment, Account 1111 480 74, in the Register of
Deeds budget:'
Comm. Wright moved, seconded by Comm. Alper, that the purchase of the Microstar-
Reader-Printer be approved with funds as recommended by the Register of Deeds and
County Manager. Upon vote, motion carried unanimously.
BUDGET TRANSFERS - INSURANCE
County Manager Eller reported that, due to the payroll audit by the County's
Workmen's Compensation Insurance Carrier, the following budget transfers were neces-
sary for additional premiums for which no funds had been budgeted.
1) Transfer the sum of $36 from Retirement, A~count 1111 610 07, to Insurance,
Account 1111 610 54, in the Social Services budget; and,
2) Transfer the sum of $3,005 from Retirement, Account 1144 590 07, to
Insurance, Account 1144 590 54, in the Health Department budget.
Upon motion by Comm. Wright, seconded by Comm. Alper, these transfers were
unanimously approved as requested by the County Manager.
BUDGET TRANSFER - AIRPORT
Comm. Wright moved, seconded by Comm. Alper, that the Board approve a transfer
of $80 from Retirement, Account #31 605 07, to InsU1:ance, Account 1/31 605 54, in
the Airport budget in order to pay an additional prl~mium for automobile liability
insurance and the bonds for Mr. Westbrook and Mr. Phelps as Special Deputy Sheriffs.
Upon vote, motion carried unanimously.
BUDGET TRANSFER - CORONER
Comm. Wright moved, seconded by Comm. Alper, that the Board approve a transfer
of $10 from Professional Services, Account #11 600 04, to Insurance, Account #11 600 54,
in the Coroner's budget in that the premium for the Coroner's bond had increased
from $10 to $20. Upon vote, motion carried unanimously.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
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BUDGET TRANSFER - ANIMAL CONTROL
Comm. O'Shields moved, seconded by Chm. Davis, that the sum of $2,995 be trans-
ferred from Contingencies, Account 1111 445 61, to Animal Control, Account 1111 660 20,
for the following:
1) Replacing radio tower which could not be collected through insurance $ 861
2) Outstanding bills for radio maintenance
191
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3) Maintenance of radios for remainder of fiscal y~ar 1974-1975
150
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4) Purchase and installation of two radios for new dog wardens
1,793
$2,995
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
Voting Noe: Comm. Wright.
CAROLINA BEACH RESTORATION PROJECT
Mrs. Leland R. Davis, Town Manager of Carolina Beach, appeared before the Board
to request that the Commissioners submit a letter of intent to fund the Carolina Beach
Restoration Project for fiscal year 1975-l976 in the amo~nt of $26,900.
Chm. Davis moved, seconded by Comm. O'Shields, that'he (Chm. Davis) be permitted
to abstain from voting on this issue because he owned property in the affected area
and felt that this constituted a conflict of interest. Upon vote, motion carried
unanimously. '
Comm. O'Shields moved, seconded by Comm. Alper, tha~ the Board submit a letter
of intent to fund the Carolina Beach Restoration Project in the amount of $26,900
in fiscal year 1975-1976. Upon vote, motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, and Wright.
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Voting Noe: Comm. Vaughan.
Abstaining: Chm. Davis.
Comm. Wright stated for the record that she did not intend to vote for this ap~
propriation at budget time unless the beaches withdrew their request for financial
support of the lifeguard program.
TAX ABATEMENTS AND REFUNDS
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the requests for abate-
ments and refunds contained in Tax Administrator Larry Powell's memorandum dated
December 10, 1974, were unanimously approved as requeste~. This memorandum is con-
tained in Exhibit Book II, Page 50. .
SALE OF CITY AND COUNTY PROPERTY - CORNER OF GREEN AND ANDERSON STREETS
Tax Administrator, Laray Powell, had received an offer to purchase Block 269 SE 5
and NE 5, corner of Green7Rnderson Streets, for $1,000 and requested that he be autho-
rized to advertise this property for sale as outlined in the Policy of Disposal of
County Real Estate.
Upon motion by Comm. Wright, seconded by Comm. O'Shields, Tax Administrator
Powell was unanimously authorized to advertise this property for sale as requested.
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REPORT OF COLLECTOR OF REVENUE
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the report of
Janie B. Straughn, Collector of Revenue, for New Hanover County Tax Collections
through November 30, 1974, was unanimously accepted by the Board. This report is
contained in Exhibit Book II, Page 51.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
DISCOVERED PERSONAL PROPERTY
In accordance with General Statute 105-312, TaJt Administrator Larry Powell
requested that individuals who had not listed motor vehicles for 1974 be assessed
with this valuations.
Upon motion by Comm. Wright, seconded by Comm. O'Shields, this request was
unanimously granted.
SPECIAL MEETING CALLED WITH COLE-LAYER-TRUMBLE COMPJ\NY
County Manager Eller requested that the CommisBioners hold a special meeting
on Monday, Janaury 13, 1974, at 9:00 o'clock a.m. to discuss with the Tax Adminis-
trator and representatives of Cole-Layer-Trumble Company the property.c:~ revaluation
program.
By common consent, this special meeting was se:: as requested.
ORDINANCE CREATING BIRD SANCTUARY IN LANSDOWNE ESTATES
Comm. Vaughan introduced the following ordinanee and moved its adoption,
seconded by Comm. O'Shields. Upon vote, motion car::-ied as follows:
Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
Voting Noe: Comm. Wright.
AN ORDINANCE TO CREATE A BIRD SANCTUARY IN
LANSDOWNE ESTATES
Pursuant to N. C. Gen. Stat, 1I153A-12l, the Board of Commissioners of
New Hanover County doth herewith ordain:
Section I
The following described property is herew:lth established as a bird
sanctuary.
Beginning at the intersection of N. c.. Hi(TFiway 132 and Lansdowne Road;
running thence Southeastwardly along the southern r.,~ght-of-way 'line of Lansdowne
Road to its intersection with the eastern right-of-1Jay line of Chelsea Lane; thence
northwardly along the eastern right-of-way line of Chelsea Lane to its intersection
with the southern right-of-way 'line of Dover Road; :~hence eastwardly along the
southern right-of-way 'line of Dover Road to its intersection with the eastern right-
of-way line of Greenwich Lane; thence northeastwardLy along the eastern right-of-way
line of Greenwich Lane to its intersection with the northern right-of-way Zine of
Bristol Road; thence westwardly along the northern ~ight-of-way line of Bristol Road
to its intersection with the eastern right-of-way Ene of Yorkshire Lane; thence
northwardZy along the eastern right-of-way line of Yorkshire Lane to its inter-
section with the northeY'n right-of-1Jay 'line of Coventry Road; thence westwaY'dly
along the northeY'n right-of-way 'line of CoventY'Y Road to its intersection with
the western right-of:"'way line of Brookshire Lane; thence southwestwardly along the
western right-of-way line of Brookshire Lane to its intersection with the northern
right-of-way line of Landdowne Road; thence nOY'thweHtwardly along the northern
right-of-way 'line of Lansdowne Road to the eastern ;'>ight-of-way 'line of N. C.
Highway 132, thence southwardly along said right-of-way line to the Beginning, the
same being aU the 'lands known as Lansdowne Estates"
Section II
It shall be unlawful for any per~on to hunt, kill, trap, or otherwise
take any birds protected by the Wi1dline Re~ources Comoission or by law in the
aforedescribed bird sanctuary. This Ordinance shall not protect any birds classified
as unprotected by the Wildlife Resources Commission or by law.
Section III
Any person who shall violate the provisions of this Ordinance shall be
guilty of a misdemeanor punishable by a fine of not more than Fifty Dollars ($50.00)
or imprisonment for not more than thirty (30) days, in the discretion of the Court,
as provided by Section 14-4 of the General Statutes of North Carolina.
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MINUTES OF REGULAR MEETING, DECEMBER 16, 1974 (CONTINUED)
ORDINANCE CREATING BIRD SANCTUARY IN LANSDOWNE ESTATES (CONTINUED)
Section IV
This Ordinance shall be effective on the 16th qay of December, 1974.
BUDGET TRANSFER - SHERIFF'S DEPARTMENT
Upon motion by Comm. O'Shields, seconded by Conrn. Vaughan, a transfer
of $825 from Salaries, Account 1111 510 02, to Telephone ~nd Postage, Account #11 510 11,
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in the Sheriff's budget for additional phone lines for the Sheriff's Department was
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unanimously approved by the Board. ;
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TABLING OF PUBLIC OFFICIAL BONDS FOR COUNTY AUDITOR
County Attorney Fox requested that the Commission t~ble the request for approval
of bonds in the amount of $50,000 for Mr. Felix Cooper i~ his capacity as County
Auditor and $25,000 in his capacity of Treasurer of the ~oard of Education so that
he could check on the necessity of these bonds in that the County Auditor was now an
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appointive rather than an elective position. I
Chm. Davis moved that this item be tabled as requested by County Attorney Fox.
Upon vote, tabling motion carried unanimously.
REAPPOINTMENT OF DR. FRANK REYNOLDS TO BOARD OF HEALTH
Comm. Vaughan moved, seconded by Comm. Wright, that the Board reappoint
Dr. Frank Reynolds to the Board of Health for a three-year term to expire December 31,
1977. Upon vote, motion carried unanimously. .
EXECUTIVE SESSION
Comm. Vaughan moved, seconded by Comm. O'Shields, that the meeting be recessed
to go into executive session to discuss land acquisition. Upon vote, motion carried
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unanimously.
Chm. Davis recessed the regular meeting at 5:05 p.m~ to go into executive session.
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Chm. ,Davis adjourned the executive session to go ba~k into the regular meeting
at 5:20 p.m.
Comm. Alper left the meeting at 5:15 o'clock p.m. due to illness.
ADJOURNMENT
Comm. Wright
Upon vote, motion
moved, seconded by Comm. Vaughan, that the meeting be adjourned.
carried as follows:
Voting Aye:
Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent:
Como. Alper.
Chm. Davis adjourned the meeting at 5:20 o'clock p.m.
Respectful~y submitted,
d.J~'
~ King
Clerk to the Board
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