1975-01-06 Regular Meeting
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975
ASSEMBLY
The New Hanover Board of Coupty Commissioners met in regular session on Monday,
January 6, 1975, 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; 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.
Rabbi A. Aaron Segal of B'nai Israel Synagogue offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 16, 1974
Comm. Vaughan requested that on Page 66 under "Recommendations Re Proposed Law
Enforcement Center" the record show that the comment had been made that the composi-
tion of the courthouse could not keep being changed and that the bar association had
had the opportunity for their input but their repres'~ntative had not attended the
meetings.
Comm: Vaughan requested that on Page 67 under "Report on Activities of the New
Hanover Drug Abuse Committee, Inc.," the record show that his main concern over the
discontinuance of the overnight transient one-night shelter at The Open House was
that there was no place to put transient females even though there were two other
places available for transient males.
Comm. Wright requested that her comments be included in the record on Page 67
under "Report on Activities of the New Hanover Drug Abuse Committee, Inc." These
comments were as follows: She stated that one of the main reasons she had voted to
fund The Open House for the second year was because she felt that providing one-night
shelter for runaways was a valuable service and that this had now been taken away.
. She state further that, although she had voted to fu'~d The Open House during the
. budget session for a second year, she had later amended her vote because she had
become convinced that the potential was there for an explosion of some type that the
community did not need and that she did not think it was being properly supervised.
She stated that the budget for The Open House had almost doubled in fiscal year
1974-1975 over fiscal year 1973-1974, and now they did not have the service they
started out to get.
Upon motion by Comm. O'Shields, seconded by Corom. Alper, the minutes of the
regular meeting of December 16, 1974, were unanimously approved as amended.
AMENDMENT TO MINUTES OF DECEMBER 2, 1974
Comm. Wright moved, seconded by Comm. O'Shields, that the following addition be
approved to the minutes of December 2, 1974, Page 60, under "Request for Use of Air
Force Property at Ner Hanover County Airport." Upon vote, motion carried unanimously.
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"Chm. Davis stated, with regard to the property that was being vacated at the
Airport due to the Air Force's leaving, that there was some private enterprise that
would shortly ask for some of this property. He requested that the Commissioners agree
to hold in abeyance any requests and take a look at the entire operation for six to
eight months before there were any long-term leases or commitments on this newly
acquired property at; the Airport. This was agreed to by common consent."
PRESENTATION OF GAVEL TO FORMER COUNTY COMMISSION CHAIRMAN, W. DOUGLAS POWELL
Chm. Davis presented to W. Douglas Powell, former County Commission Chairman,
a gavel on a plaque in appreciation for his service to the County as Chairman of the
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Boar 0 CommlsSloners.
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TABLING ORDINANCE ESTABLISHING BUILDING CODE APPEALS AND LICENSING BOARD
County Attorney Fox had prepared an amendment to the ordinance adopting the
various regulatdry ~odes which provided for the creation of a board that would hear
appeals from decisions of the inspectors and which set forth the licensing procedure.
Comm. Vaughan moved that. the Board approve adding to Article III of the Ordinance
Providing for the Adoption, Administration and Enforcement of Regulatory Codes, and
Specifying Other Duties of Inspection Officials Enacted May 3, 1971, Section 3.10
through 3.13 and Article III-A, Section 3A-l through 3A-lO, and that a conclusion
be inserted stating that this ordinance should not be construed to give power to
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
TABLING ORDINANCE ESTABLISHING BUILDING CODE APPEALS AND LICENSING BOARD (CONTINUED)
the Board of Appeals to countermand the orders of the Building Inspector nor should
it be construed to override any of the contents or any of the provisions of the Code
of the State of North Carolina under which the County operated. Motion died for lack
of a second. (
Comm. O'Shields moved that the amendment, as writt~n, be submitted to the
Building Code Council of the State of North Carolina to get their comments and to find
out if, in fact, an appeals board could be appointed which would have the legal right
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to override an inspector's decision, and, if it were determined that the County did
have this right legally, make the decision at that time ~hether the appeals board
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would be given the authority to override an inspector's decision. Motion died for
lack of a second. 1
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Comm. Vaughan moved, seconded by Comm. Alper, that }t
mission that, as finally approved, the appeals board wouid
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out the power to override the decisions of the inspector~.
motion; Carom. Alper withdrew his second. t
be the intent of the Com-
be a discussion board with-
Comm. Vaughan withdrew his
Comm. Wright moved that this item
and electricians of the community for
carried unanimously.
be tabled and referred to the master plumbers
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their suggestionsr Upon vote, tabling motion
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Alper, that the meeting be recessed to go
into executive session to discuss land acquisition with the architect for the proposed
Jail/Law Enforcement Center. Upon vote, motion carried ~s follows:
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Voting Aye:
Comm. Alper, O'Shields, Wright, and Chm. Davis.
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Voting Noe:
Comm. Vaughan.
Chm. Davis recessed the regular meeting to go into executive session at
10:40 o'clock a.m.
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Chm. Davis adjourned the executive session to go baek into regular session at
10:45 o'clock a.m.
"SITE STUDY" APPROVED FOR PROPOSED JAIL/LAW ENFORCEMENT CENTER
Architect Herbert P. McKim of Ballard, McKim & Sawyer/Hartman-Cox, Associated
Archi tects, presented the "Site Study" which placed the r)roposed Jail/Law Enforcement
Center across Fourth Street on the Raney Chevrolet prope\ty.
Comm. Vaughan moved, seconded by Comm. Alper, that the Board approve the archi-
tects' venturing further into this project with the idea of using the Raney property
and the potential of building over the top of Fourth Stre,et between Princess and Market
Streets being the current avenue of effort and that the Chairman be authorized to
sign the "Site Study" on behalf of the Board evidencing t:heir acceptance of this
concept. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis.
Voting Noe: Comm. Wright.
Comm. Wright stated that she did not want to vote for this unless the Board knew
that they could acquire the Raney property without conde~nation procedures.
The "Site Study" as signed by Chm. Davis is on file in the County Manager's
office.
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PUBLIC HEARING
The Clerk to the Board reported to the Board of Commissioners that notice of a
public hearing had been published in the Wilmington Morning Star on December 21 and
December 28, 1974, with notice that the Board of Commissioners would hold a public
hearing on Monday, January 6, 1975, at 10:30 o'clock a.m. with regard to the following
rezoning requests and applications for special use permit.
Chm. Davis opened the public hearing to discussion.
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
PUBLIC HEARING (CONTINUED)
PUBLIC HEARING TO CONSIDER AjREQUEST TO REZONE PROPERTY ON THE NORTH SIDE OF
EASTWOOD ROAD (U. S. HWY. 74) APPROXIMATELY 940 FEET WEST OF VISION DRIVE FROM B-2
(BUSINESS DISTRICT) TO 1-2 (INDUSTRIAL DISTRICT) IN ZONING AREA #9B.
Planning Director Richard A. Fender stated that the Planning Commission had heard
.this request at their meeting of December 4, 1974, and had recommended by a vote of
four to three that this rezoning request be approved.
Planning Director Fender stated that the Planning Staff had determined that it
would be preferable for this usage to be allowed in the B-2 Zone by special use per-
mit rather than rezoning the property to 1-2. He stated that the Planning Commission
would consider an amendment to the Zoning Ordinance on January 8, 1975, to this
effect and recommended that this item be tabled until the Planning Commission had
had the opportunity to consider the proposed amendment to the Zoning Ordinance.
Mr. Leon H. Corbett, Attorney at Law, appeared before the Board along with his
client, Mr. James W. Graves, Petitioner.
Comm. Vaughan moved that this item be tabled as recommended by the Planning
Director. Upon vote, tabling motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, and Chm. Davis.
Voting Noe: Comm. Alper and Wright.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE SOUTH SIDE OF
WRIGHTSVILLE AVENUE BETWEEN WILLANDA DRIVE AND WOODL1LND DRIVE FROM R-15 (SINGLE FAMILY
DISTRICT) TO 0&1 (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA #9B.
Planning Director Richard A. Fender stated that the Planning Commission had heard
I . this request at their meeting of December 4, 1974, and had recommended that this request
be 'approved.
Chm. Davis asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. Wright moved, seconded by Comm. O'Shields~ that this rezoning request be
approved and that the Ordinance entitled "An Ordinance of the County of New Hanover
Amending the Zoning Map of Zoning Area #9B of New Hanover County, North Carolina,
Adopted July 1, 1972" be adopted. Upon vote, motion carried unanimously. The
Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 9B,
Page 18.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY LOCATED AT 113 SOUTH CRESTWOOD DRIVE FOR A GREENHOUSE IN ZONING AREA #9A.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of December 4, 1974, and had recommended that
this special use permit be issued based on the follo,~ing conditions.
1. Plan as submitted with application for special use permit.
2. That no retail operation of any kind be conducted on the premises relating
to the greenhouse.
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3. That no sign be erected on the premises relating to the greenhouse.
Chm. Davis asked if there were anyone present to oppose the issuance of this
special use permit, and no one spoke in opposition.
After the Commission had considered the following four items and found them
to be fact, (a) that the use would not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted
and approved; (b) that the use met all required conditions and specifications;
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
PUBLIC HEARING (CONTINUED)
(c) that the use would not substantially injure the value of adjoining or abutting
property or the use was a public necessity; and (d) that'the location and character
of the use, if developed according to the plan as submitted and approved, would be
in harmony with the area in which it was to be located and in general conformity
with the plan of development for New Hanover County, COnIDl. Wright moved, seconded
by Comm. Alper, that this special use permit be issued b~sed on the same condi~
tions as recommended by the Planning Commission. Upon vQte, motion carried
unanimously. ;
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PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE WEST SIDE OF BLUE CLAY ROAD APPROXIMATELY 3,000 FEET NORTH OF
PARMELE ROAD (S. R. 1335) FOR A CONVENIENT FOOD STORE INIZONING AREA #8A.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of December 4, 1974, and had recommended that
this special use permit be issued based on the plan as submitted with the application
for special use permit.
Chm. Davis asked if there were anyone present to oPI,'ose the issuance of this
special use permit, and no one spoke in opposition.
After the Commission had considered the following four items and found them to
be fact, (a) that the use would not materially endanger the public health or safety
if located where proposed and developed according to the 'plan as submitted and
approved; (b) that the use met all required conditions and specifications;
(c) that the use would not substantially injure the valu~ of adjoining or abutting
property or the use was a public necessity; and (d) thatithe location and character
of the use, if developed according to the plan as submitt:ed and approved, would be
in general conformity with the plan of development for N~w Hanover County,
Comm. Vaughan moved, seconded by Comm. O'Shields, that this special use permit be
issued based on the plan as submitted with the applicati~n for special use permit.
Upon vote, motion carried unanimously.
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PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE SOUTH SIDE OF MARKET STREET EXTENSION (U: S. HWY. 17) APPROXIMATELY
300 FEET NORTHEAST OF S. R. 1346 FOR A CONVENIENCE FOOD STORE IN ZONING AREA #5.
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Planning Director Richard A. Fender stated that the;Planning Commission had
heard this request at their meeting of December 4, 1974, and had recommended that
this special use permit be issued based on the plan as submitted with the applica-
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tion for special use permit.
Chm. Davis asked if there were anyone present to oppose the issuance of this
special use permit, and no one spoke in opposition.
After the Commission had considered the following four items and found them
to be fact, (a) that the use would not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted
and approved; (b) that the use met all required conditions and specifications;
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(c) that the use would not substantially injure the value of adjoining or abutting
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property or the use was a public necessity; and (d) that the location and character
of the use, if developed according to the plan as submitted and approved, would be
in harmony with the area in which it was to be located aDd in general conformity
with the plan of development for New Hanover County, Comcl. Wright moved, seconded
by Comm. O'Shields, that this special use permit be issued based on the plan as
submitted with the application for special use permit. Upon vote, motion carried
unanimously. 1
Chm. Davis closed the public hearing to discussion.
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AWARD OF CONTRACT - ACCOUNTING MACHINE
County Manager Eller reported that the following bi~s had been received on
the accounting machine budgeted for the County Auditor's !office.
Equipment
NCR Model 399, Mag Ledger
NCR Model 399, 2 cassette machine
NCR Model 399, 3 cassette machine
Burroughs Model 8300
Burroughs Model 8500
$21,530.00
16,085.00
18,875.00
13,472.67
17,655.90
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975
AWARD OF CONTRACT - ACCOUNTING MACHINE (CONTINUED)
Programming
Mr. Hal Ferrell & Associates (for NCR Model 399, Mag Ledger)
Mrs. Linda Williams (for NCR Model 399, 2 cassette machine)
$1,200.00
1,500.00
County Auditor, Felix Cooper, recommended that the contract be awarded to
National Cash Register for the NCR Model 399, 2 cassette machine, in the amount
of $16,085 with programming to be done by Mrs. Linda, Williams in the amount
of $1,500 for a total of $17,585.
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Upon motion by Comm. Alper, seconded by Comm. O'Shields~ the contract was
unanimously awarded to National Cash Register Corpol'ation for the NCR Model 399,
2 cassette machine, with programming to be done by Mrs. Linda Williams for a total
of $17,585.
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from 12:08 to 1:08 o'clock p.m.
REDUCTION OF LETTER OF CREDIT - BAY SHORE ESTATES, SECTIONS 7, 8 & 9
At the meeting of December 16, 1974, the Commission had approved a letter of
credit in the amount of $25,300 for Bayshore Estate~J, Sections 7, 8 & 9, with
the stipulation that this be reduced to $5,000 if it were determined from the
Department of Transportation that they would accept the unpaved street stubs into
the State's Secondary Road System.
County Manager Eller reported that he had talked with Mr. J. R. Robinson,
District Engineer of the Department of Transportation, and had been told that the
Department of Transportation would not accept street stubs into the State's
Secondary Road System whether they were paved or unpaved.
Mr. Howard Loughlin, Surveyor; Mr. Jabe Hardee, Secretary of Bayshore Estates;
and Mr. Richard Morgan, Attorney at Law; appeared before the Board to request that
this letter of credit be reduced to $5,000.
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Comm. Wright moved, seconded by Comm. O'Shields, that the letter of credit
for Bayshore Estates, Sections 7, 8 & 9, be reduced from $25,300 to $5,000 as
requested. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis.
Voting Noe: Comm. Vaughan.
Comm. Vaughan stated that he was voting "noe" hecause the County Manager had
only talked with the District Engineer by phone and did not have it in writing
that the Department of Transportation would not aCCE!pt street stubs whether paved
or unpaved.
COMMITTEE TO DRAFT NEW COUNTY FIREARMS ORDINANCE
County Attorney Fox had drafted an amendment to the County Firearms Ordinance
which had been adopted by the County Commissioners on November 7, 1960.
Chm. Davis moved that this item be tabled and that Comm. O'Shields,
Sheriff Grohman, and County Attorney Fox draft a ne'l firearms ordinance which would
not outlaw firearms in their entirety in New Hanover County. Upon vote, tabling
motion carried unanimously.
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COUNTY TO BILL STATE FOR PRISONERS ON PROBATION OR PAROLE
Chm. Davis had received a letter from Mr. David L. Jones, Secretary, North
Carolina Department of Correction, requesting the County to pay invoices totaling
$8,503.61 for the safekeeping of prisoners in State correctional institutes. No
action was taken by the Board on this request.
Comm. Wright moved, seconded by Comm. Vaughan, that the Board adopt a resolution
incorporating the following:
1) That the County would bill the State for the safekeeping of prisoners held
for violation of probation or parole;
2) That, if the State would not pay for the safekeeping of these prisoners,
the County would not accept them anymore.
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975
COUNTY TO BILL STATE FOR PRISONERS ON PROBATION OR PAROLE (CONTINUED)
County Attorney Fox stated that he thought this would have to be done through
appropriate legislation.
Comm. Wright amended her motion to include the foll~wing:
3) That, if this action were not found to be legal, the County would request
their legislators to introduce enabling legisla\ion.
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Comm. Vaughan stated that he would not second the motion as amended and withdrew
his second.
Comm. O'Shields seconded the motion as amended.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright, and Chnl. Davis.
Voting Noe: Comm. Vaughan.
Comm. Vaughan stated, that he was voting "noe" due tCI the insertion of Paragraph 3.
APPROVAL OF PURCHASE CONTRACT - BULLET PROOF VESTS FOR SHERIFF'S DEPARTMENT
County Manager Eller reported that bids had been opened on December 31, 1974, for
30 bullet proof vests for the Sheriff's Department and tllat the following bids had been
received.
Protective Materials Co.
Burlington Industrial Fabric
Life Shield Vest Corporation
Armour of America
National Police Supply
Demain Enterprises, Inc.
- $ 5,850.00
Co. - 3,732.50
4,080.00
11,095.00
3,600.00
3,360.00
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County Manager Eller stated that it was the recommendation of the Sheriff's
Department that the contract be awarded to Demain Enterprises, Inc., in the amount
of $3,360. He stated that only $2,400 had been appropri~ted for this purpose in the
budget; however, there were sufficient funds in the EquijJment Account to make this
purchase due to savings on three items of equipment which had been purchased through
Federal grants rather than County funds. '
Comm. Vaughan moved, seconded by Comm. Wright, that the contract be awarded to
Demain Enterprises, Inc., in the amount of $3,360 and that this be paid from funds
in the Sheriff's Equipment account. Upon vote, motion carried unanimously.
AWARD OF CONTRACT - CONSTRUCTION OF AIRPORT CANOPY
County Manager Eller reported that two bids had been received for the construction
of the Airport canopy as follows:
R. D. McCall, Inc. - $7,958.78
Ingram Brothers, Inc. - 9,8~2.90
County Manager Eller stated that these bids had been reviewed by the Airport
Commission and that they had recommended that the contraet be awarded to R. D. McCall,
Inc., in the amount of $7,958.78.
Upon motion by Comm. O'Shields, seconded by Comm. Wright, the contract for the
Airport canopy was unanimously awarded to R. D. McCall, ~nc., in the amount
of $7,958.78.
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AWARD OF CONTRACT - TRACTOR AND MOWER FOR AIRPORT
County Manager Eller reported that the following bids had been received on a
tractor and mower for the Airport.
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
AWARD OF CONTRACT
Company
Lee Ford & Tractor
Cottle Equipment Co.
N. C. Equipment Co.
- TRACTOR AND MOWER FOR AIRPORT (CONTINUED)
Tractor & Mower with
Sickle Bar Attachment
$10~233.00
11,003.59
11,430.00
Tractor & Mower
$8,734.00
9,291.59
9,480.00
. County Manager Eller stated that the Airport Manager and Airport Commission
r . had recommended that the contract be awarded to Lee Ford & Tractor in the amount of
$10,233 for a tractor and mower with sickle bar attachment. He stated that the
amount budgeted for this purpose was $9,500 and requested that the Commissioners
transfer the sum of $733 from Account #31 650 52, Rights-of-Ways & Easements, to
Account #31 650 74, Capital Outlay - Equipment.
Comm. Vaughan moved, seconded by Comm. O'Shields, that the contract be awarded
to Lee Ford & Tractor in the amount of $10,233 as requested and that the sum of $733
be transferred from Account #31 650 52, Rights-of-Ways & Easements, to Account
#31 650 74, Capital Outlay - Equipment. Upon vote, Inotion carried unanimously.
SECONDARY ROADS
The North Carolina Association of County CommiSBioners had requested that the
County Commissioners advise them concerning the County's experience with the procedures
established for construction of secondary roads, specifically, to answer the following
three questions.
1. Have the procedures of G. S. 136.44.8 been t:losely followed?
2. Do you believe the current procedures provide for suffici~nt input into the
annual construction programs?
3. What changes, if any, would you suggest in the procedures set forth in the
enclosed summary of the statute?
By common consent, it was agreed that County Manager Eller would answer the
first two questions in the affirmative and suggest a change in the formula for
. determining how the funds would be allocated to the various counties for secondary
road construction suggesting that, instead, this be based on the number of vehicle
miles per day travel per mile of unpaved road rather than number of unpaved roads
within the county.
Comm. O'Shields stated that he would like to see the comments from other counties
with regard to the allocation of secondary road construction funds.
RESOLUTION CLAIMING EXEMPTION UNDER SECTION 7 (k) OF THE
FAIR LABOR STANDARDS ACT RELATIVE TO OVERTIME WAGES FOR PUBLIC SAFETY PERSONNEL
Comm. Vaughan offered the following resolution Cind moved its adoption, seconded
by Chm. Davis, which would exempt law enforcement and fire protection personnel from
the provision of the Fair Labor Standards Act which required payment of overtime at
the rate of l~ times the regular pay for all hours worked in excess of 40 in a given
week. Upon vote, motion carried unanimously. (See Fuge 85 for addition.)
A RESOLUTION DECLARING THE INTENTION OF THE BOAF~ OF COMMISSIONERS OF NEW HANOVER
COUNTY, NORTH CAROLINA, TO CLAIM EXEMPTION UNDER THE PROVISIONS OF SECTION 7 (k) OF THE
FAIR LABOR STANDARDS ACT RELATIVE TO OVERTIME WAGES FOR PUBLIC SAFETY PERSONNEL.
Whereas, Section 7 (k) of the Fair Labor Standards Act of 1938, as amended,
requires an affirmative declaration of the governing body to claim the exemption
of said Section in order to make overtime wages appli.cable to public safety personnel
only for time worked in excess of the maximum hours permitted per designated work
period in Section 7 (k) as implemented in 29 CFR 553.12; and,
I. Whereas, Section 7 (k) requires that such a work period for public safety
employees shall be at least seven days, but not more than 28 days in length for the
exemption to be valid; and,
Whereas, the Board of Commissioners has, after due consideration, determined
that it is in the best interest of the county to claim said exemption;
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MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
RESOLUTION CLAIMING EXEMPTION UNDER SECTION 7 (k) OF THE FAIR LABOR STANDARDS ACT
RELATIVE TO OVERTIME WAGES FOR PUBLIC SAFETY PERSONNEL (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED that the Board of Co~missioners hereby claims
the exemption of Section 7 (k) of the Fair Labor Standards Act of 1938, as amended,
so as to make fire protection personnel eligible for overtime wages only for time
worked in excess of the maximum total permitted per designated work period.
BE IT FURTHER RESOLVED that the fire protection employees of New Hanover County
shall work on a work period of 28 days in length.
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BE IT FURTHER RESOLVED by the Board of Commissioner~ of New Hanover County
that the exemption of Section 7 (k) of the Fair Labor St~ndards Act of 1938, as
amended, shall make law enforcement personnel eligible fqr overtime wages only for
time worked in excess of the maximum total permitted per designated work period.
BE IT FURTHER RESOLVED that the law enforcement empJ;oyees of New Hanover County
shall work on a work period of 28 days in length. I
BE IT FURTHER RESOLVED that this Resolution shall affect only those fire
protection and law enforcement personnel who are eligibl~ for the Section 7 (k)
exemption and that the manager is directed to notify all;affected employees of this
action.
Adopted this 6th day of January, 1975.
DISCUSSION OF POLICY FOR 1975/1976 BUDGET
After a brief discussion of setting a policy for the 1975/1976 budget :(a verbatim
copy of which is contained in Exhibit Book II, Page 52),Comm. Vaughan asked that by
common consent the Board ask the County Manager to try to submit a reasonably tight
budget during the coming year. .
Chm. Davis stated that he would ~ot agree to this by common consent, and
moved that the County Manager write the Department Heads and advise them of the
feelings of the County Commissioners that this year expenses should be held back
wherever possible. Motion died for lack of a second.
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APPROVAL OF PUBLIC OFFICIALS BONDS FOR COUNTY FINANCE OFVICER, FELIX COOPER
Upon motion by Comm. Vaughan, seconded by Comm. O'Sllields, bonds for Felix Cooper
in the amount of $50,000 in his capacity as County Finan(~e Officer and $25,000 in
his capacity as Treasurer to the Board of Education were'unanimously approved and
the Chairman was authorized to sign the bonds.
BUDGET TRANSFER - CIVIL PREPAREDNESS
Upon motion by Comm. O'Shields, seconded by Comm. Alper, a transfer of the sum
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of $20 from Supplies and Materials, Account #11 525 33, to Insurance and Bonds,
Account #11 525 54, in the Civil Preparedness budget was 'unanimously approved due
to an increase in the bond for General Harriss and Mr. Haines in their capacity as
Special Deputy Sheriffs. !
BUDGET TRANSFERS - JUVENILE SERVICES
County Manager Eller requested that the Commissioners approve the following
transfers in the budget for the Juvenile Services Center]
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1) Transfer the sum of $119 from Account #11 522 7~, Buildings, to
Account #11 522 16, Maintenance & Repair of Equ~pment, to provide funds
to repair the hot water heater which was struck by lightning.
2) Transfer the sum of $138 from Account #11 522 73, Improvements - Other,
to Account #11 522 15, Maintenance & Repair - Buildings and Grounds, to
provide funds for an electrician to check all wtring to determine what,
if any, changes could be made to reduce the utiJ.ities bill.
. I
~i
)
/
Upon motion by Comm. O'Shields, seconded by Comm. Wright, these budget transfers
were unanimously approved as requested.
REPORT ON COLE-LAYER-TRUMBLE COMPANY
County Manager Eller reminded the Commissioners of the special meeting scheduled
on Monday, January 13, 1975, at 9:00 o'clock a.m. with the Tax Administrator and
representatives of Cole-Layer-Trumble Company.
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00'"
MINUTES OF REGULAR MEETING, JANUARY 6, 1975 (CONTINUED)
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Alper,. that the meeting be recessed
to go into executive session to discuss committee appointments and land acquisition.
Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to go into executive session at 2:55 o'clock p.m.
I.
Chm. Davis adjourned the executive session to go back into the regular session
at 3:20 o'clock p.m.
APPOINTMENT OF DR. ANDREW CRACKER TO MENTAL HEALTH nOARD
Chm. Davis moved, seconded by Comm. Alper, that: Dr.
to the Mental Health Board to fill the unexpired term of
term to expire June 30, 1975, subject to his acceptance.
unanimously.
Andrew Cracker be appointed
Dr. J. Richard Tamisiea,
Upon vote, motion carried
TRANSFER OF FUNDS - BOND EXPENSE
Upon motion by Comm. Vaughan, seconded by Comm., Alper, t.he' sum of $125 was
unanimously transferred from Interest on Bonds, Account 1/21 660 '82" to Bond Expense,
Account 1121 660 88, to pay an invoice from the North Carolina Local Government
CommiE;sion for services in regard to the Cape Fear Technical Institute bonds.
APPROVAL OF DEED OF CORRECTION - JAMES WALKER HOSPITAL PROPERTY
County Manager Eller reported that the deed conveying certain property at
the James Walker Hospital site to the City of Wilmington had contained an error
and requested that the Board authorize the Chairman to sign a deed of correction.
Upon motion by Comm. Vaughan, seconded by Comm. Alper, Chm. Davis was unani-
mously authorized to sign this deed of correction.
I.
ACCEPTANCE OF AUDIT REPORTS FOR NEW HANOVER COUNTY
County Manager Eller presented two audit reporLs prepared by Cherry, Bekaert &
Holland, Certified Public Accountants, for New Hanover County. The first was
for the period ending August 31, 1974, for the two IRonths former County Auditor,
Patrick G. Ross, had served in fiscal year 1974-1975. The second was for the
period ending October 31, 1974, for the two months In fiscal year 1974-1975, that
Dan W. Eller, County Manager, had served as Acting County Auditor.
Upon motion by Comm. Vaughan, seconded by Comm. O'Shields, these two audit
reports were unanimously accepted by the Board.
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 3:25 o'clock p.m.
Respectfully submitted,
~,~ JrL'
Llse K. King 2)
Clerk to the Board
k
. MINUTES OF SPECIAL MEETING, JANUARY 13, 1975
ASSEMBLY
The New Hanover Board of County Cornrnissionersmet in special session on
Monday, January l3, 1974, at 9:00 o'clock a.m. in the Assembly Room, County
Commission Building, Wilmington, North Carolina, to meet with the Tax Administrator
and representatives of Cole-Layer-Trumble Company to discuss the property tax
revaluation program.
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