1975-01-20 Regular Meeting
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975
ASSEMBLY
The New Hanover Board of Co~nty Commissioners Tlet in regular session on Monday,
January 20, 1975, at 9:00 o'clock a.m. in the Assemhly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners Claud O'ShiE~lds, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; and Clerk
to the Board, Lise K. King; Attorney Joseph O. Taylor, Jr., representing County Attorney,
James C. Fox. Commissioner George E. Alper was abBent due to being out of town.
Chm. Davis called the meeting to order.
Comm. O'Shields offered the invocation.
APPROVAL OF MINUTES: REGULAR MEET lNG, JANUARY 6, 1975
Comm. Wright requested that on Page 81 under "Resolution Claiming Exemption
under Section 7 (k) of the Fair Labor Standards Act Relative to Overtime Wages for
Public Safety Personnel" the record show that the Board had been assured that
they could pay overtime for public safety personnel if they so desired and they were
also assured that the deputies in the Sheriff's Department were not working 60 hours
a week but were working approximately 44 hours per 'leek.
Comm. Wright moved, seconded by Comm. 0' Shield:;, that the minute~ of the regular
meeting held on January 6, 1975, be approved as amended. Upon vote, motion carried
as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 13, 1975
Comm. Wright requested that on Page 84 under "Discussion of Tax Revaluation
Program" a note be inserted between her two motions that the Commission had discussed
briefly the increase of valuations and had arrived at the 50~ figure in discussion
and, therefore, she had amended her motion accordingly.
Comm. Wright moved, seconded by Comm. O'Shields, that the minutes of the special
meeting held on January 13, 1975, be approved as amended. Upon vote, motion carried
as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
MEETING WITH LEGISLATORS
Senator W. G. Smith and Representatives B. D. Schwartz and S. Thomas Rhodes
appeared before the Board to discuss the following Items with the Commissioners.
1) Juvenile Detention- Mr. Ron Knopf, Director of the Juvenile Services Center,
was drafting suggested I legislation which would prevent the State Division of Youth
Services from returning to the local communities juveniles which the State employees
were unable to cope with.
2) The legislators were requested to do what they could to expedite the purchase
of Masonboro Island as a State Park. (By common consent, it was agreed that the Chair-
man would write Mr. Bruce A. Lentz, Secretary of the North Carolina Department of
Administration. requesting that the necessary funds be made available so that the
title searches could be completed.)
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to take
revenue
The legislator.s were reqtestetl to abolish the~1~~r Master position and
this into the appropriate agency of the State · ~ Authority so that this
could be coming into the State.
4) There was a discussion of requiring persons drawing unemployment compensa-
tion to perform some community" service; they were informed by Attorney Taylor
that this proposal would have problems legally.
5) By common consent, the legislators were requested to address themselves
toward simplification of the State tax filing system.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
MEETING WITH LEGISLATORS (CONTINUED)
6) There was a brief discussion regarding fiscal c9ntrol of the Board of
Education.
Carom. Wright suggested that school expenses not exceed 60 percent of the
County's tax levy without approval of the electorate at a special election. She
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asked that, if the legislators thought this was too impr~dcal, they keep the Board
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informed before they voted on any bill related to School\Fiscal Control.
7) By common consent, the legislators were requestE;d to change the law so
that newly elected Board of Education members would take 'office at the Board of
Education's first official meeting in December following the November election.
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8) Senator Smith stated that a bill had been introquced moving the date of
the primary election to the first Tuesday in August. The general concensus was
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that the primary should be moved to August or September. '
9) Comm. Vaughan stated that he would like to see the Commissioners elected
on a non-partisan basis.
10) The legislators were requested to eliminate the requirement for counties
to pay for safekeeping of certain prisoners.
11) Comm. Wright requested that the legislators change the local law which
prohibited ambulances from using sirens to allow them to use them to clear traffic
at intersections.
12) Comm. Wright stated that she would like to see an alternative to the
property tax.
13) Comm. Wright stated that she felt the obsrenity taws needed to be strengthened,
that our society should not deteriorate to the point where we are dominated by
those with no moral standards. 1
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14) Comm. Wright stated that action ~Qtan by fhe 1973 legislature which pro-
vided full four-year scholarships for th~YPr1~5Re~s of W~r of World War II could
become an excessive expense to the State. '
15) Chm. Davis stated that N. C. State had been awarded a veterinarian school
and that he understood funding for this was being held up in the legislature. He
requested the legislators to do what they could to exped~te this funding so that
North Carolina could have a veterinary school.
16) Chm. Davis stated that he hoped the State Publie Utilities Commission
would go from an appointed to an elected body.
Comm. Wright stated that she would object to this because you would not
know who you were voting for or against because of the l~ck of campaigning in that
type of office.
Rep. Schwartz stated, that a bill was going to b(~ introduced by which the
House and the Senate would recommend men they thought were capable and the Governor
would appoint the Commission from these men.
Sen. Smith stated that the opposite of this bill was also to be introduced--
the Governor recommending several men from which the legislature would select the
members.
17) Senator Smith stated that he planned to introdu~~e a bill to prohibit the
setting of steel traps on rented or leased land in New Hanover County.
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PUBLIC HEARING
Chm. Davis opened the public hearing to discussion.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOW1ENDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY ON THE WEST SIDE OF S.R. 1576 APPROXIMATELY 455 FEET
SOUTH OF THE INTERSECTION OF CAROLINA BEACH ROAD (U. S. HWY. 421) AND S.R. 1576
FROM R-15 (SINGLE FAMILY DISTRICT) TO R-10 (SINGLE FAMILY DISTRICT) IN ZONING AREA 114.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTI1WED)
PUBLIC HEARING (CONTINUED)
Mr. James D. Smith, Attorney at Law, had requeBted that this item be continued
to another date in that he had to be in Superior Court.
Comm. Vaughan moved that the request for continuation be denied. Motion died
for lack of a second.
Comm. Q'Shields moved, seconded by Comm. Wright, that this item be continued
to the regular meeting of February 3; that it be the first item on the agenda after
the approval of the minutes; and that it be acted upon on that date whether those
for or against were present or not and whether the attorney was present or not.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Wright, and Chm. Davis.
Voting Noe: Comm. Vaughan.
Absent: Comm. Alper.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY LOCATED ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD (S.R. 1403) JUST SOUTH
OF NORTH HILLS DRIVE FOR A CONVENIENCE FOOD STORE III ZONING AREA 113.
The Planning Commission had originally heard this request at their meeting of
June 5, 1974, and recommended that this special use permit be issued.
The County Commissioners had heard this request at their meeting of July 1,
1974, and had recommended that this special use pert1it be issued. At their meeting
of October 7, 1974, the County Commissioners voted unanimously to refer this back
to the Planning Commission with the direction that they advertise a public hearing
for consideration of withdrawing this special use permit.
The Planning Commission again considered this request at their meeting of
November 6, 1974, and voted unanimously to recommend that this special use permit
be issued based on the following conditions, which 'Tas a modification of the original
permit .
1) Plans as submitted with the application for special use permit and amended
by the New Hanover County Board of Commissioners;
2) That buffering be installed along all prOpE!rty lines except along Middle
Sound Loop Road as specified in Section 72-5 (7) of the County Zoning Ordinance
and indicated on the plan as submitted and amended;
3) That a planted buffer strip with a minimum depth of 25 feet be provided
along the property fronting on Middle Sound Loop Road (S.R. 1403), such planted
buffer to be designed to provide minimum sight distance requirements at the points
of access of Middle Sound Loop Road; and,
4) Provided that the setback requirements, required parking spaces, and other
dimensional requirements can be met with the incluslon of a 25 foot buffer along
the property fronting on Middle Sound Loop Road.
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 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, Comm. Vaughan moved, seconded
by Comm. O'Shields, that this modified special use permit be issued based on the
same conditions as recommended by the Planning Commission. Upon vote, motion
carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, and Wright.
Voting Noe: Chm. Davis.
Absent: Comm. Alper.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
PERMIT FEES FOR EROSION AND SEDIMENTATION CONTROL PLANS
Mr. HerbertP. McKim, Chairman of the Environmental Impact Committee (EIC),
presented the fee schedule recommended by the EIC for processing of erosion and
sedimentation control plans. This fee schedule provided for a $25 per acre charge
up to a maximum of $250.
Comm. O'Shields moved, seconded by Comm. Wright, that this fee schedule be
adopted. Upon vote, motion carried as follows:
Voting Aye:Comm;' O'Shields, Vaughan, Wright, and ~hm. Davis.
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Absent:
Comm. Alper.
Comm. Vaughan stated for the record that this might cost the County $2,000 -
$3,000 on a large development. (See Page 110 for addition.)
DISCUSSION OF FUNDING FOR ENVIRONMENTAL IMPACT COMMITTEE (EIC)
Mr. Herbert P. McKim, Chairman of the EIC, stated t~at a consultant was coming
from Raleigh in February and that they may need some tra~el expense for him.
Comm. Vaughan moved that by common consent the Board agree to pay travel
for this gentleman if other funding could not be secured. This was agreed to by
common consent. (Comm. Alper was absent.)
Comm. Wright requested that funds for the EIC be included in the 1975/76 budget.
DISCUSSION OF CANCELLATION OF LEAA GRANT FOR JAIL CONSTRUCTION
County Manager Eller reported that he had been advi~,;ed that, due to the delays
in the construction of the new jail, the LEAA Grant was to be withdrawn. He
stated that, in order to keep this Grant, the funds must'be obligated through the
letting of contracts by June. 30, 1975. and expended prior to September 30, 1975.
He stated that present scheduling would not permit meetir:lg these deadlines.
By common consent, County Manager Eller was directed to tell them that
they were in the process of using the funds and was further directed not to sign
the form releasing the Grant. (Comm. Alper was absent.)
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REFUND OF LISTING PENALtY- W. W. STANFIELD, JR.
Mr. W. W. Stanfield, Jr., appeared before the Board to request a refund of
listing penalty in the amount of $318.45. Mr. Stanfield stated that he had requested
that his address be changed and it was not which had created a delay in his listing
form reaching him and also that he had made repeated requests to the tax office
requesting their aid and assistance and none had been forthcoming.
Comm. Wright moved, seconded by Comm. O'Shields, that 50 percent of the
penalty be refunded due to extenuating circumstances. Upon vote, motion carried
as follows:
Voting Aye: Comm. O'Shields, Wright, and Chm. DaviB.
Voting Noe: Comm. Vaughan.
Absent: Comm. Alper.
REPORT FROM TAX ADMINISTRATOR ON REVALUATION
Mr. Larry J. Powell, Tax Administrator, appeared before the Board to discuss
the recently completed revaluation. i
Comm. Wright offered a prepared statement regarding the revaluation, a copy
of which is contained in Exhibit Book II, Page 54.
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Comm. Wright moved, seconded by Chm. Davis, that th~ County Manager direct
the Tax Administrator and Cole-Layer-Trumble Company to prepare a revised set
of values, standards, and rules, and to present the Board with new valuations
for property which would accurately reflect market values as of January 1, 1975.
(See Page 110 for correction.)
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
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REPORT FROM TAX ADMINISTRATOR ON REVALUATION (CONTINUED)
Comm. Vaughan offered the substitute motion that the Board advise the Tax
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Administrator and Cole-Layer-Trumble Company that they would like to meet with
them on Monday, January 27, at 8:00 o'clock a.m. Substitute motion died for
lack of a second.
Upon vote, original motion carried as follows:
. Voting Aye: Comm. O'Shields, Wright, and Chm. Davis.
Voting Noe: Comm. Vaughan.
Absent: Comm. Alper.
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(This motion passed with the understanding that if the Tax Administrator and
Cole-Layer-Trumble Company could come up with a better method that this be pre-
sented to the Commissioners Monday, January 27.)
Comm. Vaughan moved, seconded by Chm. Davis, that the Board have a special
meeting on Monday, Janaury 27, 1975, at 8:00 o'clock a.m. to discuss the tax
revaluation program with the Tax Administrator and Gole-Layer-Trumble Company.
Comm. O'Shields offered the substitute motion that this meeting be held at
8:30 o'clock a.m. Substitute motion died for lack of a second.
Upon vote, original motion to meet at 8:00 o'c.Lock a.m. carried as follows:
Voting Aye: Comm. Vaughan, Wright, and Chm. D:ivis.
Voting Noe: Comm. O'Shields.
Absent: Comm. Alper.
REQUEST OF DRUG ABUSE COMMITTEE FOR ADDITmAL FUNDING WITHDRAWN
County Manager Eller reported that a request from the Drug Abuse Committee
for an additional $2,000 had been withdrawn.
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from 12:40 to 1:30 o'clock p.m.
COUNTY MANAGER AUTHORIZED TO MAKE BUDGET TRANSFERS UP TO $150
Comm. Vaughan moved, seconded by Chm. Davis, that County Manager Eller be
authorized to make budget transfers up to $150 and that he report these transfers
to the Commissioners at each meeting. Upon vote, motion car~ied as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
BUDGET TRANSFER - SOCIAL SERVICES
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a
transfer of $10 from Account 1/11 610 07, Retirement" to Account 1/11 610 54,
Insurance and Bonds, in the Social Services budget to provide funds for the
increased premium for the bond as a Special Deputy for the armed guard who pro~
vided protection for the Food Stamp Office. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absen t :
Comm. Alper.
BUDGET TRANSFER - JUVENILE SERVICES
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a
transfer of $75 from Account tIll 522 33, Supplies and Materials, to Account
#11 522 74, Capital Outlay - Equipment, in the Juvenile Services budget to provide
for the purchase of a file cabinet. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
BUDGET TRANSFER - DEBT SERVICE
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a transfer
of $5 from Account #21 660 82, Interest on Bonds, to Account #21 660 88, Bond Expense,
in the Debt Service Fund to cover an invoice from the Loeal Government Commission.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent:
Comm. Alper.
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BUDGET TRANSFER - TAX OFFICE
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a transfer
of $630 from Account #11 450 33, Supplies and Materials, to Account #11 450 21,
Building Rent, in the Tax Department budget to cover the cost of room rent for tax
listers from January l5, 1975 to February 15, 1975 and a July payment of $352.55.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
BUDGET TRANSFER - BUILDINGS AND GROUNDS
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a transfer
of $135 from Account #11 610 04, Professional Services in the Coroner's budget, to
Account #11 505 11, Telephone and Postage in the Buildings and Grounds budget, to
provide funds for telephone relocations in moving the jU'fenile court counselors to
the first floor of the courthouse. Upon vote, motion cafried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
BUDGET TRANSFER - AGRICULTURE AND ECONOMICS
Comm. Wright moved, seconded by Comm. Vaughan, that the Board approve a transfer
of $200 from Account #11 615 33, Supplies and Materials, to Account #11 615 14,
Travel, in the Agriculture and Economics budget to provide funds for miscellaneous
travel for the remainder of the fiscal year. Upon vote,'motion carried as follows:
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Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
APPOINTMENT OF MR. JULIEN K. TAYLOR TO APPRAISE PROPERTIES
Comm. Wright moved, seconded by Comm. O'Shields, that Mr. Julien K. Taylor be
appointed to appraise properties scheduled for acquisiti(~, for the construction
of the Jail/Law Enforcement Center. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
LEASE OF COUNTY PROPERTY AT AIRPORT TO HIGHLANDER, LTD.
County Manager Eller reported that a request had been made by High,lander, Ltd.,
to lease a small portion of the Airport property which had been used as a turn-
around area for the trucks loading and unloading at Highlander. He stated that he
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and the Airport Manager recommended that the Commissioners approve the lease and
authorize the Chairman of the Airport Commission to execute it on behalf of the
County. (For addition see Page 110.)
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Chm. Davis moved, seconded by Comm. O'Shields, that this lease agreement be
approved to be cancellable after each year with automatie renewal unless terminated
by the County Commissioners wi thin30 days of the end of each year. Upon vote, motion
carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTIHUED)
TREE PLANTING PROGRAM
Chm. Davis had requested that Mr. Durwood Baggett, County Extension Chairman,
prepare a tree planting program for the County. Mr. Baggett had prepared this pro-
gram at an approximate cost to the County of $918.
Comm. O'Shields moved, seconded by Chm. Davis, that the tree planting program
suggested by Chm. Davis and prepared by Mr. Baggett be approved for implementation.
Comm. Wright offered the substitute motion, seeonded by Comm. Vaughan, that
discussion of the tree planting program be discontinued and not brought up again
for discussion within a year.
Upon vote, substitute motion failed to pass by the following tie-vote.
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. O'Shields and Chm. Davis.
Absent: Comm. Alper.
Upon vote, original motion failed to pass by the following tie-vote.
Voting Aye: Comm. O'Shields and Chm. Davis.
Voting Noe: Comm. Vaughan and Wright.
Absent: Comm. Alper.
Chm. Davis requested that this item be placed on the February 3rd agenda for
discussion.
DEFERRAL OF CONFLICT OF INTEREST AGREEMENT
Comm. Vaughan had written the Commissioners suggesting the adoption of certain
procedures relating to possible conflicts of intereBt on matters coming before the
County Commissioners.
Chm. Davis recommended that the County Manager contact the Local Government
Commission, the North Carolina Assocition of County Commissioners, the Attorney
General's office and other counties which might have adopted such guidelines and
that this be placed on the February 17 agenda. ThiB was agreed to by common consent.
INTRODUCTION OF NEW ENGINEER
County Engineer, Richard J. Epling, introduced Mr. Bob Williams to the Commis-
sioners. Mr. Williams had been employed to handle the erosion and sedimentation
ordinance requirements.
DISCUSSION OF REQUESTED IMPROVEMENTS TO DITCH ON SILVER LAKE ROAD
County Engineer Richard Epling appeared before the Board to report on requested
improvements to ditch on Silver Lake Road.
Comm. Vaughan moved that this item be tabled for further legal study. Upon vote,
tabling motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
APPROVAL OF PURCHASE CONTRACT - REGISTER OF DEEDS
County Manager Eller reported that on January 14, 1975 bids had been'received
for a l6MM Reader/Printer for the Register of Deeds office. He stated that bid pro-
posals had been sent to IBM, Eastman Kodak, Bell & Howell, and 3M but that only one
bid had been received which was from Eastman Kodak in the amount of $9,239.25. He
recommended that the contract be awarded to Eastman Kodak.
Comm. Vaughan moved, seconded by Comm. Wright, that the contract for a l6MM
Reader/Printer for the Register of Deeds office he awarded to Eastman Kodak in
the amount of $9,239.25. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
APPROVAL OF CONTRACT FOR EMERGENCY PUBLIC SERVICE JOBS
County Manager Eller presented a contract in the alnount of $90,875 for Emergency
Public Service Jobs. He stated that they planned to us'~ the funds for the following:
Wrightsville Beach - one police-patrolman and one lnaintenance laborer
Kure Beach - one laborer
Carolina Beach - three laborers
City of Wilmington - twelve laborers, one foreman, and one public information
officer
New Hanover County - three firemen at the Airport, two eligibility specialists
at the Social Services Depart~ent, one clerk to handle
necessary paperwork, and three laborers for the Health
Department to help clean up illegal dumps.
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Comm. Vaughan moved, seconded by Comm. O'Shields, that the contract for Emergency
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Public Service Jobs in the amount of $90,875 be approve9 and that the Chairman be
authorized to sign the contract with the funds to be expended as recommended by the
County Manager. Upon vote, motion carried as follows: .
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Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
Comm. Wright requested that the record show that these were temporary jobs and
that the people would be told that when they were employed.
(A budget amendment to account for these funds was approved later in the meeting.)
AMBULANCES TO BE TITLED TO CITY OF WILMINGTON AND TOWN OF CAROLINA BEACH
County Manager Eller reported that the City of Wilmington and the Town of Carolina
Beach had applied for grants through the Governor's Highway Safety Committee to
purchase ambulances. He stated that, under the law, thE;se ambulances should be
titled to the County unless the County approved the tit+ing of the ambulances to
the municipalities. '
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Comm. Vaughan moved, seconded by Chm. Davis, that the Board approve the titling
of these ambulances to the respective municipalities. l!pon vote, motion carried as
follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, andChm. Davis.
Absent: Comm. Alper.
REIMBURSEMENT OF EDUCATIONAL EXPENSE - NIKKI DAVENPORT
County Manager Eller reported that Mrs. Nikki Dave~port, Accounting Clerk I in
the Finance Office, had successfully completed a course :entitled General Accounting I
at UNC-W with a cou:r;:se grade of "A". He stated that the, County Personnel Resolution
provided for reimbursement of educational expenses upon 'successful completion of a
job-related course and recommended that the Commissioners approve reimbursing
Mrs. Davenport in the amount of $66.60. '
Chm. Davis moved, seconded by Comm. Vaughan, that ~rs. Davenport be reimbursed
in the amount of $66.60 and that she be written a lette~ of commendation for her
successful completion of the course. Upon vote, motion ;carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
BUDGET AMENDMENT AND AWARD OF CONTRACT - CRASH-FlRE-RESCUE VEHICLE - AIRPORT
County Manager Eller reported that on December 17/ bids had been received for
a crash-fire-rescue vehicle for the New Hanover County Airport as follows:
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Walters Motor Truck Corporation
Oshkosh Truck Corporation
$149,543
161,000
The Airport Commission had recommended that the contract be awarded to Oshkosh
in the amount of $161,000. Only $100,000 was budgeted for this purpose; however,
additional funds were available from Federal and State Grants. County Manager Eller
reported that the total additional cost to the County would be $5,490.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
BUDGET AMENDMENT AND AWARD OF CONTRACT - CRASH-FIRE--RESCUE VEHICLE - AIRPORT (CONT.)
In order to provide the necessary funds to awa]~d the contract, County Manager
Eller requested that the Commiss;ioners approve the ::ollowing amendments to the
Airport budget.
1) Increase the revenue item Account #31 349 34, Federal Grants: Crash Truck,
from $82,000 to $132,020.
2) Increase the revenue item Account #31 350 34, State Grants: Crash Truck,
from $9,000 to $14,490.
3) Transfer the sum of $5,490 from Account #31 650 72, Buildings (Weather
Canopy), to Account #31 650 74, Equipment {Fire Truck).
4) Increase the expenditure item Equipment (F:Lre Truck), Account #31 650 74,
to $161,000.
The Commissioners were also requested to authorize the Chairman to execute the
amended grant requests and the purchase contract.
Comm. Vaughan moved, second~d by Comm. Wright, that the Airport budget be
amended as requested by the County Manager and that the Chairman be authorized to.
execute the amended grant requests and the purchase contract. Upon vote, motion
carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
DENIAL OF REQUEST FOR REFUND OF LISTING PENALTY - Ml{. J. B. SISTRUNK, SR.
Tax Administrator Larry Powell had received a :request from Mr. J. B. Sistrunk, Jr.,
that listing penalty in the amount of $69.77 be refunded.
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Comm. O'Shields moved, seconded by Comm. Wright, that this request be denied.
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
DENIAL OF REQUEST FOR ABATEMENT OF INTEREST - MR. CHARLES W. BENTON
Tax Administrator Larry Powell had received a ]~equest from Mr. Charles W. Benton
that interest on 1969 taxes in the amount of $25.92 be abated.
Comm. Wright moved, seconded by Comm. Vaughan, that this request be denied. Upon
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
ABATEMENTS AND REFUNDS
Comm. Wright moved, seconded by Comm. Vaughan, that abatements and refunds
requested in Tax Administrator Larry Powell's memorandum of January 14, 1975, be
approved as requested subject to the legality of th:ls action. (This memorandum is
contained in Exhibit. Book II, Page 55.) Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
REPORT OF COLLECTOR OF REVENUE
Comm. Wright moved, seconded by Comm. 0'Shield:3, that the report of
Janie B. Straughn, Collector of Revenue, for collections through December 31, 1974,
be accepted. (This report is contained in Exhibit Jook II, Page 56.) Upon vote,
motion carried as follows:
Voting Aye: Corr~. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
APPOINTMENT OF COMM. ALPER TO N. C. MARINE RESOURCES CENTER
Chm. Davis moved, seconded by Comm. Wright, that (,:omm. Alper be appointed to
represent New Hanoverfuunty to the North Carolina Mari~e Resources Center. Upon vote,
motion carried as follows:
Voting Aye:
Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
,
Absent:
Comm. Alper.
)
DISCUSSION OF BUDGET FOR SOUTHEASTERN MENTAL HEALTH CE~TER
Comm. O'Shields reported that he had been appointed to the Finance Committee
of the Southeastern Mental Health Center and, in line Jith keeping expenses down
in the coming fiscal year, they were looking very clos~ly at mandates from the State
and accepting these only if there were no options. '
YOUTH LEGISLATIVE ASSEMBLY
Chm. Davis presented a letter from the North Carolina Department of Administration
Youth Advisory Board inviting the County Commission to sponsor two high school students
to the Youth Legislative Assembly to be held in Raleigh February 7-9.
Comm. Wright moved, seconded by Comm. Vaughan, that this letter be turned over
to Dr. Heyward C. Bellamy, Superintendent of County Schools, for whatever action they
wanted to take.
Chm. Davis offered the substitute motion, seconded by Comm. 0'Shie1ds, that this
letter be forwarded to Dr. Bellamy with the recommendation that the Schools sponsor
two high school students to the Assembly.
Upon vote, substitute motion failed to pass by the following vote:
Voting Aye: Comm. O'Shields and Chm. Davis.
Voting Noe: Comm. Vaughan and Wright.
)_1
Absent: Comm. Alper.
Upon vote, original motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
RESOLUTION - SUPPORT OF REVENUE SHARING PROGRAM (For a(idition see Page 110.)
Chm. Davis presented the following resolution supporting the Revenue Sharing
Program and moved its adoption, seconded by Comm. Vaugh~n.
j
WHEREAS, Congress in 1972 enacted legislation setting up a Revenue Sharing Program
and has thereunder funded this program and has distributed to local governments through-
out the nation monies which have been used generally for needed capital improvements;
WHEREAS, the Revenue Sharing Program will expire in 1976 unless the 94th Congress
sees fit to extend the effective date of said program and also provide funds for it;
WHEREAS, New Hanover County has been allocated 5.4 million dollars in actual and
anticipated revenue sharing payments; and,
WHEREAS, almost $300,000 of that amount has been spent on improvements at Legion
Stadium to provide athletic facilities for our youth;
)1
WHEREAS, more than $230,000 has been allocated for the construction of a Mental
Health Center;
WHEREAS, $180,000 has been expended for the constru~tion of a new Public Health
Building;
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MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTIKUED)
RESOLUTION - SUPPORT OF REVENUE SHARING PROGRAM (CONTINUED)
WHEREAS, more than $4,000,000 has been allocated for the construction of a new
Jail and Law Enforcement Center;
WHEREAS, the towns of New Hanover County have likewise allotted revenue sharing
monies received by them for largely capital improvenlents which have been much needed;
and,
WHEREAS, it is the opinion of the Board of Comnlissioners of New Hanover County
that additional improvements are needed to be made both by the County of New Hanover
and all of the municipalities in New Hanover County and that the Federal Revenue
Sharing Program should be extended by Congress and thereafter funded to continue this
program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County
that letters be sent to Senator Jesse Helms, Senator Robert B. Morgan, and
Congressman Charles R9se advising them of the Board's position on this important
matter and to let our Senators and Congressman know that the needs of the people of
New Hanover County continue for the worthwhile benefits received by them as a result
of the Federal Revenue Sharing Program. IT IS FURTHER RESOLVED that a copy of this
Resolution be sent to Senator Helms, Senator Morgan, and to Congressman Rose.
Upon vote, motion to adopt the foregoing resolution carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, and Chm. Davis.
Voting Noe: Comm. Wright.
Absent: Comm. Alper.
Comm. Wright stated for the record that she wall voting "noe" because she did
not think it really made much sense for Washington to take all of our money, pay a
bunch of people to keep track of it, and send part of it back to us. She stated
that Washington should clear up its own mess and let us keep our money to start with.
LETTER TO RICHARD L. STANLEY RE ENERGY COMMITTEE
The Commissioners had received a letter from MJ~. Richard L. Stanley, Attorney
at Law, suggesting that the Commissioners appoint an Energy Committee to study the
present rise of energy resources and recommend conservation methods. He also recom-
mended revision of land use and planning policies to return to more centralized
developments.
Comm. Wright moved that by common consent the Board ask the Chairman to write
Mr. Stanley that the Board had authorized the Chambl~r of Commerce Task Force to work
on the energy problem; and his suggestion regarding planning be referred to Planning
Director Fender; and that the Board thank him for h:Ls interest and request that he
continue to participate. This was agreed to by cownon consent. (Comm. Alper was
absent. )
LETTER TO CHAIRMAN OF HOSPITAL BOARD RE CANOPY AND ELEVATOR
Comm. Vaughan requested that the Chairman writl~ the Chairman of the New Hanover
Memorial Hospital Board of Trustees recommending the following:
1) That a canopy be placed in the front of the hospital so that people
entering and leaving the hospital, particularly patients, would be able
to get in andout of automobiles in inclement weather.
2) That in the future some elevator be provided for patients so that they
would not have to exit through the front door but would have a more
private exit.
This was agreed to by common consent. (Comm. Alper was absent.)
I;
COMM. VAUGHAN LEAVES MEETING DUE APPOINTMENT WITH DOCTOR
Comm. Vaughan left the meeting from 3:20 o'clo,~k p.m. to 4:00 o'clock p.m. due
to an appointment with the doctor.
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f6
MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
DISCUSSION OF BICENTENNIAL DRAMA
Rev. Walser H. Allen, Jr., Chairman of the Bicentennial Association;
Col. Robert S. Milner, Executive Director of the Bicentennial Association; and
,
Dr. Charles Graham appeared before the Board to discuss f;unding for the Bicentennial
Drama, "Liberty's Children."
By common consent, this item was deferred to the meeting of February 3, 1975,
and the Chairman was requested to invite Mr. S. Thomas Rhodes, Chairman of the
Cape Fear Bicentennial Drama Association, and Dr. Ralph B. Moore, President of the
Lower Cape Fear Council of the Arts, to attend this meet~ng along with Rev. Allen,
Col. Milner and Dr. Graham. '
I
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/1
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Vaughan, that the meeting be recessed
to go into executive session to discuss land acquisition; Upon vote, motion carried
as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
Chm. Davis recessed the meeting to go into executivl~ session at 4:05 o'clock p.m.
Chm. Davis adjourned the executive session to go into regular session at
4:10 o'clock p.m.
APPROVAL OF LEASE-PURCHASE CONTRACTS FOR SOCIAL SERVICES DEPARTMENT
County Manager Eller reported that the Department of Social Services had entered
into two multi-year contracts for the purchase of word processing equipment as follows:
l
1) IBM Corporation - Model 6610 IBM Mag Card Selec~ric Typewriter
1
2) Equilease Corporation - Model 900 Savin Word MaBter
f)
County Manager Eller reported that, since both of these contracts constituted
purchase of equipment, they ,should have been approved by: the County Commissioners
but apparently this had not been done. He stated that there were sufficient funds
to make the payments for the rest of this fiscal year and recommended that the balance
due as of July 1, 1975, be included in the budget for fircal year 1975/1976.
Chm. Davis moved, seconded by Comm. O'Shields,
proved and that the balance due on the contracts at
contained in the budget for fiscal year 1975/1976.
follows:
that these two contracts be ap-
the ~nd of the fiscal year be
Upon~vote, motion carried as
Voting Aye: Comm. O'Shields, Vaughan, andChm. Davis.
Voting Noe: Comm. Wright.
Absent: Comm. Alper.
Comm. Wright stated for the record that she was voting "noe" because she was
not fully aware of these items.
BUDGET AMENDMENT - EMERGENCY JOBS
Comm. Wright moved, seconded by Comm. O'Shields, th~t the budget be amended by
appropriating the ~um of $90,879 to the revenue item, St?te Grants: Emergency Jobs
Project, Account #11 350 15, and by appropriating the su~ of $90,879 to the expenditure
item in the non-departmental section of the budget, Account #11 660 64, Emergency ~,'
Jobs Project. Upon vote, motion carried as follows: ; )
Voting Aye: Comm. O'Shields, Vaughan, and Chm. Davis~ and Comm. Wright.
Absent: Comm. Alper.
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9'7
MINUTES OF REGULAR MEETING, JANUARY 20, 1975 (CONTINUED)
,
I
DISCUSSION OF SCHOOL BOND ANTICIPATION NOTES
County Manager Eller reported that the Bond Anticipation Notes for the Schools
which had already been sold were' expiring on February 19. He stated that he would
have a resolution for the. Board's adoption at their meeting of February 3 authorizing
the sale of $1,400,000 School Bond Anticipation Notes which would provide funds to pay
off those coming due and sufficient funds to carry them through April.
ADJOURNMENT
Comm. Wright moved, seconded by Chm. Davis, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Vaughan, Wright, and Chm. Davis.
Absent: Comm. Alper.
Chm. Davis adjourned the meeting at 4:15 o'clock p.m.
Respectfully submitted,
~~:J ~ ~
Use K. King d
Clerk to the Board
k
MINUTES OF SPECIAL MEETING, JANUARY 27, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on Monday,
January 27, 1975, at 8:00 o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina. The purpose of said meeting was to discuss the property
tax revaluation program; land acquisition for the proposed Courthouse and Jail; the
status of the LEAA Grant for the Jail; State acquisition of the Blockade Runner
Museum; and additional funds for Emergency Jobs Program.
Members present were Commissioners Claud O'Shields, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; Clerk to
the Board, Lise K. King; and Attorney Joseph O. Taylor, Jr., representing County
Attorney James C. Fox. Commissioner George E. Alper was absent due to being out of
town.
Chm. Davis called the meeting to order.
Comm. O'Shields offered the invocation.
DISCUSSION OF THE PROPERTY TAX REVALUATION PROGRAM (For addition see Page 111.)
The following persons appeared before the Board to discuss the property tax
revaluation program.
Mr. A. E. Horn; Mrs. J. T. Bryan; Mrs. Robert L. Rouse; Mrs. George Williams;
Ms. Laura Spivey; Ms. Janice Kye; Mrs. Schulken; MrE:. Cecelia H. Pleasants;
Mr. Sandy Glover; Mr. John Wilson; Mr. Ed Valentine; Mr. Gary McDaniel;
Mr. Herbert T. Fisher; Mr. Charles Johnson; Gen John Heinz representing the
Wrightsville Beach Association; Mr. Otto Pridgen; Mr. J. C. Parker, Sr.; Ms. Laura Aiken;
Mr. Robert Sawyer, Mayor of Wrightsville Beach; Mr. Richard B. Kepley, Mayor of
Carolina Beach; Mr. Jack Newton, President of the Wilmington Board of Realtors;
Mr. W. E. Edwards; Mr. Bill Huffine; Representative S. Thomas Rhodes; Mr. Jim Henderson;
and Mr. Bill Grathwol. (For addition see Page 110.)
Comm. Wright moved, seconded by Comm. O'ShieldE:, that the Board request their
legislators to sponsor a bill allowing the taxpayerE: of New Hanover County to retain
their 1974 valuations if by July 1 it was found that: the Commissioners were totally
unable to straighten the situation out.
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