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1975-02-17 Regular Meeting ---- ( 110 MINUTES OF SPECIAL MEETING, FEBRUARY 10, 1975 (CONTINUED ADJOURNMENT Comm. O'Shields moved that the meeting be adjourned~ as follows: 11 Upon vote, motion carried Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Voting Noe: Comm. Wright. Chm. Davis adjourned the meeting at 8:45 o'clock a.m. ~: .JI Respectful+y submitted, 0~'-V~ Lise K. King Clerk to the Board k MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 ASSEMBLY The New Hanover Board of County ,Commissioners met i~ regular session on Monday, February 17, 1975, at 9:00 o'clock a.m. in the Assembly foom, County Commission Building, Wilmington, North Caroliha. Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; M. H. Vaughan;, Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Llse K. King. No members were absent. Chm. Davis called the meeting to order. ,Rev. Horace Jackson of Sunset Park Baptist Church offered the invocation. ! 1)1 /" APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 20, 1975 Comm. Wright stated that on Page 85 under "Meeting ,dth Legislators", No.3, the agency should be State Ports Authority rather than Spate Parks Authority. Comm. Wright requested that on Page 88 under "Permit Fees for Erosion and Sedimentation Control Plans," in the last paragraph, the' record show that Mr. McKim had stated that he thought the permit and inspection fee would cover part of the cost mentioned by Comm. Vaughan. Comm. Wright requested that on Page 88 under "Report from Tax Administrator on Revaluation" that her motion should correctly read as~follows: "Comm. Wright moved, seconded by Chm. Davis, that this Board direct thl~ County Manager through the Tax Administrator and Cole-Layer-Trumble Company to prepare..." l Comm. Vaughan requested that on Page 90 under "Leasi~ of County Property at Airport to Highlander, Ltd." the record show that the lease provided that in no event would the lease extend beyond five years. Comm. Wright requested that on Page 94 under "Resolution - Support of Revenue Sharing Program" the record show that she had asked that a minority report be included and sent to the Congressmen. Upon motion by Comm. O'Shields, seconded by Comm. Wright, the minutes of the regular meeting held on January 20, 1975, were unanimously approved as corrected. ~ / APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 27, 1975 Comm. Wright requested that on Page 97 under "DiscuBsion of Tax Revaluation Program" the record show that Mrs. Cecelia H. Pleasants had appeared on behalf of the Taxpayers Association. ~-" - -- ------- - - --- - - ----- --- --- - ---- - -- - .---- ~ 111 MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) l ., APPROVAL OF MINUTES: SPECIAL MEETING, JANUARY 27, 1975 (CONTINUED) Comm. Wright requested that:' on Page 97 under "Discussion of Tax Revaluation Program" the record show that Ja~es A. Rose, Southern Regional Production Manager for Cole-Layer-Trumble Company, had stated that Coll~-Layer-Trumble intended to stand by the valuations placed on property. Upon motion by Comm. O'Shields, seconded by COlrnn. Wright, the minutes of the special meeting held on Janaury 27, 1975, were unanImously approved as corrected. . APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 3, 1975 Comm. Vaughan requested that on Page 108 under "Resignation of Comm. M. H. Vaughan" the record show that he had announced his intention to submit his resignation effective February 28, 1975. Upon motion by Comm. O'Shields, seconded by COlrnn. Wright, the minutes of the regular meeting held on February 3, 1975, were unanimously approved as corrected. APPROVAL OF MINUTES: SPECIAL MEETING, FEBRUARY 10, 1975 Comm. Vaughan requested that on Page 109 under "Extension of Time for Listing 1975 Taxes" the record show that he had stated that, in his opinion, many of the extensions granted had been granted illegally becau:3e adequate reasons had not been given. Upon motion by Comm. O'Shields, seconded by C01IDn. Wright, the minutes of the special meeting held on February 10, 1975, were una~imously approved as corrected. TRANSFER OF FUNDS - BICENTENNIAL ASSOCIATION Col. Robert S. Milner, Executive Director of the Bicentennial Association, requested that the Commissioners appropriate an additional $854 for commemoration of certain events of the American Revolution. . Upon motion by Comm. O'Shields, seconded by Co:nm. Wright, the sum of $854 was unanimously transferred from Contingencies, Account #11 445 61, to Contributions - Other Agencies, Account #ll 660 93, for this purpose. TABLING OF AIRPORT FIRE DEPARTMENT Dr. C. E. Hartford, Chairman of the Airport Comnission, appeared before the Board along with Mr. John Westbrook, Airport Manager, and Mr. Rudolph Shackleford, Assistant Manager, with regard to the Airport Fire 'Department. The County Commissioners at their meeting of February 3, 1975, had voted to table this item until the Airport Commission could hear Mr. W. S. Funderburg who was requesting that the Airport Fire Department be set up on a contracted basis. The Airport Commission had met in special session on February 6, 1975, and had recommended that fire protection at the Airport be provided by full-time County employees rather than provided through a contractual arrangement. Comm. Vaughan moved that this item be tabled until the Airport Commission could hear Mr. W. S. Funderburg at their regularly scheduled meeting of February 20. Upon vote, tabling motion carried unanimously. PROPOSED LEASE WITH AERONAUTICS, INC. The Airport Commission had prepared a draft of the proposed lease agreement with Aeronautics, Inc., for additional space at the New Hanover County Airport. The Airport Commission had requested that the Commissioners review the proposed lease and advise of any changes they wished to make. . There was a brief discussion with regard to the fact that the terms of the lease were that New Hanover County would get 3~~ for each gallon of gasoline sold by Aeronautics, Inc., but there was nothing to account for the fact that gasoline may go up as high as 70-80~ but the revenue to the County would not be increased. Comm. Alper moved that this item be tabled. Comm. Alper attempted to withdraw his motion to table, but the Chairman had already called for a vote. Upon vote, tabling motion was defeated as follows: Voting Aye: Comm. Vaughan. Voting Noe: Comm. Alper, O'Shields, Wright, and Chm. Davis. "" .:,-- .----- ".. ._-,. ,.---. '~-."---._. -- ---." --,,- _._-,,----._--..,.------:._,.._~ (i12 MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) PROPOSED LEASE WITH AREONAUTICS, INC. (CONTINUED) Chm. Davis moved, seconded by Comm. O'Shields, that the terms of the lease agree- ment between the County and Aeronautics, Inc., for additi.onal space at the Airport be approved as written and that the terms of the agreement be advertised as required by law and brought back to the Commissioners for final action. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. fji Voting Noe: Comm. Vaughan and Wright. Comm. Vaughan stated that he was voting "noe" becaus:e of the absence of any inflationary protection to the County. Comm. Wright stated that she concurred with Comm. Vaughan and this was her reason for voting against lit. Chm. Davis had stated that 10 years from !t; requested that the record show that the Airport Commission Chairman the rent for this additional land could be doubled within the next I to ~ cents. Comm. Wright moved, seconded by Comm. Alper, that County Attorney Fox be directed to insert a provision under Article III indicating that the payments under this agree- ment were in addition to those under the previous Aeronautics lease. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Voting Noe: Comm. Vaughan. Comm. Wright stated for the record that she was voti.ng "aye" on this motion only and not on the lease agreement. PUBLIC HEARING - NON-PARTISAN ELECTION OF COUNTY COMMISSIONERS The County Commissioners had scheduled a public hearing at 10:00 o'clock a.m. to hear from interested citizens their views concerning whether or not the election of County Commissioners in New Hanover County should be en a non-partisan basis. This public hearing had been scheduled at the request of ;Comm. Vaughan, who favored the non-partisan election of County Commissioners. ) Mr. Herbert P. McKim, Chairman of the New Hanover County Democratic Executive Committee, stated that the Executive Committee unanimously endorsed the election of County Commissioners continuing on a partisan basis. . Comm. Wright requested that a letter from Mr. Darryl Wiley, Vice Chairman for the Executive Committee of the Cape Fear Group Sierra Club, endorsing non-partisan election of County Commissioners in New Hanover Count~ be included in the record. This letter is contained in Exhibit Book II, Page 61. Dr. James C. Dixon, professor election of County Commissioners. contained in Exhibit Book II, Page of political science at UNC-W, endorsed the partisan At the request of Chm. Davis, his comments are 62. Sheriff H. G. Grohman appeared before the Board endorsing the partisan election of County Commissioners in New Hanover County. Mrs. Cecelia H. Pleasants, Executive Director of the New Hanover Taxpayers Association, appeared before the Board to endorse the partisan election of County Commissioners. Mr. Tom Curley, Democratic Precinct Chairman of Ogden #1, appeared before the Board endorsing the partisan election of County Commissioners. I)' There being no other persons to be heard on this matter, Chm. Davis closed the public hearing to discussion. Comm. Vaughan moved that the Board ask its legislators to take action to create the non-partisan election of County Commissioners in New Hanover County. Motion died for lack of a second. ~ "-,,, ,''..--------'-...'''.'''--'.'- -".,-----..,-'-o.,,-._'_-~-"-:--'....,,-.- .._" ____ - --_.,---:-;--------;----~--:;-------;. . - _.-. ~-_..__.~ -- ~ 113 MINUTES OF REGULAR MEETING, FEBRqARY 17, 1975 (CONTINUED) ) PUBLIC HEARING - NON-PARTISAN ELECTION OF COUNTY COMMISSIONERS (CONTINUED) Comm. Vaughan moved that this item be tabled until the meeting of March 3, 1975. Upon vote, tabling motion carried as follows: Voting Aye: Comm. Alper, Vaughan, and Wright. Voting Noe: Comm. O'Shields and Chm. Davis. ". DISCUSSION OF LEAA GRANT - JAIL Mr. Don Nichols of the Division of Law and Order, Department of Natural and Economic Resources, appeared before the Board to discuss the $200,000 LEAA Grant for the Jail which the County was in danger of losing due to the fact that the funds had to be obligated by letting of contract by June 30, 1975, and having the funds expended by September 30, 1975. Mr. Jerry Ramsey, Planning Director of the Lower Cape Fear Planning Unit; Sheriff H. G. Grohman; and Architect, Herbert P. McKim, also appeared before the Board in this regard. Mr. Ramsey recommended that the budget on the project be resubmitted to the Law and Order Committee at their meeting of March 24 to include site preparation in order to keep this $200,000 rather than waiting for an allocation from next year's funds. Comm. O'Shields moved, seconded by Chm. Davis, that Mr. Ramsey be requested to submit a budget and program adjustment to include items that could be implemented by the June 30 and September 30 deadlines for consideration by the Law and Order Com- mittee at their meeting of March 24, that he notify the Board when this had been done, and that all Board members who were able to do so attend the Law and Order Committee meeting of March 24. Upon vote, motion carried unanimously. PETITION TO CLOSE STREET STUB IN SILVA TERRA SUBDIVISION, SECTION III Attorney L. Gleason Allen had petitioned the County Commissioners to close a stub street in Silva Terra Subdivision, Section III. The Planning Commission had . reco-::::::e:h::m::eA~t::::o::::.b:r~l:::::,s associate, appeared before the Board in this regard. Comm. O'Shields moved, seconded by Comm. Wright, that the Board call for the necessary public hearing, that the residents be notified, and that the public hearing be advertised in accordance with the law, and that the cost and responsibility of advertising the public hearing and notifying the residents be borne by the Petitioner. Upon vote, motion carried unanimously. DISCUSSION OF WRITTEN REQUESTS FOR BOARD OF EQUALIZATION AND REVIEW Mrs. Ida Mae Kennedy appeared before the Board with regard to the valuations placed on her property. Comm. Wright requested that the record include County Attorney Fox's statement that any written request for appearance before the Board of Equalization and Review would be honored. LUNCH RECESS Chm. Davis recessed the meeting for lunch from 12:10 to 1:15 o'clock p.m. DISCUSSION OF TAX REVALUATION PROGRAM Comm. Wright had requested that this item be placed on the agenda for discussion. . Comm. Vaughan moved, seconded by Comm. Alper, that the Board rescind its action, of January 20, 1975, (Minute Book 16, Page 88) directing the County Manager through 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. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Voting Noe: Comm. Wright. _._ __~. . .._~_._._._..,._.._._.._.--.__.______..~,.. ,,'_'_'_,_, .. _.__...._ _.._ ____. __.__._~_~_'_...-:-._._____. "".'_'_r_ .', . , ," ....____...._'''.,__ ,.____"."".. _____,___,,,:___________, .._"___m_______...____________'-,,-;-_~ ii14, MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) DISCUSSION OF TAX REVALUATION PROGRAM (CONTINUED) Comm. Wright requested the following information: l) Comparison of valuations by townships for 1974 and 1975. 2) A list of Cole-Layer-Trumble employees and their qualifications. 3) A list of all industrial property in the County and valuations for 1974 and 1975 -- separating property from land. f) ) Comm. Wright requested that a verbatim transcript of the foregoing discussion be placed in the Exhibit Book. This is contained in Exhlbit Book II, Page 63. Mrs. Ceceila Pleasants, Executive Director of the N,~w Hanover County Taxpayers Association, appeared before the Board with regard to the tax revaluation program. Mrs. Pleasants requested that the Board consider SOIne type of relief for the retired person. Comm. Alper made the following statement which Comm~ Vaughan requested be entered into the record verbatim. "Mrs. Pleasants, what makes YC'lU or the people you represent think that we don't have any sympathy and that we don't have any interest in those who are going to be hurt? This has been the major topic of our Board since this thing has happened. We understand that there are people who s~mply cannot afford to be touched in their finances, and we will do everything we can...We've been hammered at and we've been pounded at as if this thing was of our doing. We didn't do this. This is something that happens. This is a law that the ~tate has that we have to com- ply with, and we will do that which we have to do and that which we have the power to do. We will in no way hurt anybody. We will be most syo!pathetic; and I am quite sure that we, on the Board, have certain inequities that havelbeen foisted upon us by Cole- Layer-Trumble. I know that I have a problem. But what ~ just simply want you to know... that no matter how much you will plead with us, there is :just so much that we can do for you and there is just so much for the people who are 'hurt, but whatever there is that can be done--I will guarantee you--will get all of ~ur support and all of our sympathy because we do know what it's like to be without.:" f\i ) Mrs. Pleasants stated that taxpayers who called the Tax Department were being told that they had to have an informal hearing with Cole-Layer-Trumble or they could not be heard by the Board of Equalization and Review. By common consent, the Board agreed to relay to the Tax Administrator that, if people were being told that they had to go to Cole-Layer-Trumble before they could go before the Board of Equalization and Review, they stop being told this. DISCUSSION OF SENIOR CITIZEN EXEMPTION BEING EXTENDED TO DISABLED Comm. Wright moved that the Board endorse a letter tpat she had written to the legislators requesting that the senior citizen exemption pe extended to persons under 65 who were 100 percent disabled who did not have sufficii~nt income. Motion died for lack of a second. ~ Chm. Davis requested that he be sent a copy of her lf~tter and that this item be placed on the March 3 agenda for consideration by the Boa]~d. This was agreed to by common consent. COMM. WRIGHT LEAVES MEETING Comm. Wright left the meeting at 2:25 o'clock p.m. due to another engagement and was absent for the remainder of the meeting. TRANSFER OF FUNDS - AGRICULTURE & ECONOMICS - TREE PLANTING PROGRAM The Commissioners had, tabled consideration of the TrE!e Planting Program which had been suggested by Chm. Davis and developed by County Extension Chairman, , Durwood Baggett, at their meeting of February 3 in order to hear from the local nurserymen. Letters supporting the Program had been received from Mr. E. H. Tinga, Tinga Nursery; Mr. J. D. Causey, Causey's Garden Center; ~nd Mr. James Ferger, Land- scape Architect and Garden Consultant. I ) ~' ';'1 Ir:~ ~ 115 ~: MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) i TRANSFER OF FUNDS - AGRICULTURE ~ ECONOMICS - TREE PI.ANTING PROGRAM (CONTINUED) Comm. O'Shields moved, seconded by Chm. Davis, that the Tree Planting Program be implemented and that $918 Qe transferred from Contingencies, Account #11 445 61, to Supplies and Materials, Account #11 615 33, in th~ Agriculture & Economics budget for implementation of the Program. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. '. Absent: Comm. Wright. TRANSFER OF FUNDS - AGRICULTURE & ECONOMICS - PHONE LINE Chm. Davis moved, seconded by Comm. Alper, that the sum of $100 be transferred from Account #11 615 07, Retirement, to Account #11 615 11, Telephone and Postage, in the Agriculture and Economics budget in order to pay for a new phone line to be manned by volunteers from 9 am-I pm, Monday through Friday, to answer questions about gardening. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. BUDGET TRANSFERS - SCHOOLS AND CAPITAL OUTLAY - LAND, NON-DEPARTMENTAL Chm. Davis moved, seconded by Comm. Alper, that the sum of $117,800 be transferred from the Public School, Capital Reserve Fund, Account #74 660 61, to the Public Schools Capital Outlay Fund, Land Purchase - Laney High School, Account #51 660 00, and that the sum of $29,500 be transferred from the General Capital Reserve Fund, Account #76 540 71, to' Capital Outlay - Land in the Non-Departmental Section of the General Fund, Account #11 660 71, to provide funds to purchase the land adjacent to the new high school for future development as a recreation area. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. . Absent: Comm. Wright. SCHOOL BOND FUND EXPENDITURE Chm. Davis moved, seconded by Comm. O'Shields, that the Board approve using $700 of County School Bond Funds for the stabilization of the playground area at Washington Catlett School rather than for paving the parking area as originally planned. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Voting Noe: Comm. Vaughan. Absent: Comm. Wright. APPROVAL OF CONTRACT BETWEEN BOARD OF EDUCATION AND HOARD OF TRANSPORTATION Chm. Davis moved, seconded by Comm. O'Shields, that the Board approve the proposed agreement between the Board of Education and the North Carolina Department of Trans- portation concerning the construction of the pedestrian overpass at New Hanover High School which provided that the Board of Education would be responsible for maintenance to the roof and drains on the overpass. Upon vote, Dlotion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. .PRIOR APPROVAL OF $4,000 FOR FY 75/76 IN SCHOOL BUDGI:T - ACTUARIAL SERVICES Comm. Vaughan moved, seconded by Comm. O'Shield~l, that the Board approve the inclusion of $4,000 in the School Budget for fiscal year 1975/1976 to provide actuarial services for the School Pension Fund for a one-year period. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. ,--- _.,,-~-- --:-"-.-- -,- .- -------,------""'-~,-~ (116 MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) DEFERRAL OF REQUEST FOR PRIOR ,APPROVAL OF $13,538 IN FY 75/76 - SCHOOLS The Board of Education had requested that the Commi~:sioners give their prior approval to $13,538 being included in the 1975/1976 budg~t in order to pay for a monthly telephone charge of $1,087 and an installation c~arge of $493 in the new central office building. , Comm. Vaughan moved, seconded by Comm. O'Shields, that this request be approved. ): Chm. Davis requested that the Board of Education investigate a private system's installing the equipment in the hopes of saving money. Comm. Vaughan withdrew his motion. Comm. Vaughan moved that this item be tabled until the meeting of March 3. Upon vote, tabling motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright., VAUGHAN APPOINTED TO INVESTIGATE USING COUNTY FARM AS DEMONSTRATION FARM Comm. Vaughan recommended that Dr. Heyward C. Bellamy, Superintendent of County Schools, bring a proposal before the Board for developing' the County Farm as a demon- stration farm to be used by the schools. ' Chm. Davis moved, seconded by Comm. O'Shields, that Comm. Vaughan be appointed to work with Dr. Bellamy and the Curriculum Committee on this request. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Abstaining: Comm. Vaughan. f)i Absent: Comm. Wright. APPROVAL OF SHERIFF'S BONDS Comm. Vaughan moved, seconded by Comm. O'Shields, that the two bonds secured by Sheriff H. G. Grohman be approved by the Board. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. APPROVAL OF BOUNDARIES FOR FEDERAL POINT VOLUNTEER DEPARTJI1ENT Comm. O'Shields moved, seconded by Comm. Vaughan, th~t the Board approve the boundaries, roster of membership, and fire district data sheet for the newly formed Federal Point Volunteer Fire Department and, further, that they receive financial aid from the County beginning January 1, 1975, in the amount 9f $750 per month as provided to the other Volunteer Fire Departments. Upon vote, motion carried as follows: I j Voting Aye: Comm. Alper, O'Shields, Vaughan, and ChiD. Davis. Absent: Comm. Wright. A boundary description is contained in Exhibit Book II, Page 64. (rhis was amended on ApriZ 7, 1975. See Page 116.) BUDGET TRANSFER ~ MUSEUM In order to provide sufficient funds for the remainder of the fiscal year to cover utility costs at the Museum, the Commissioners were requested to transfer the sum of $500 from Contracted Services, Account #11 625 45, to Telephone and Postage, Account #11 625 11, and that the sum of $2,515 be transferred from Contracted Services, Account #11 625 45, to Utilities, Account #11 625 13. ! . I )J ~ -,.. __h_ __ _"'-. ..."__________..___ h_ '_"," '_____"h__ .. :,) k! ~~ t 11 .., ~ ( MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTnUED) BUDGET TRANSFER - MUSEUM (CONTINUED) Comm. Vaughan moved that this request be denied until the County Manager had the opportunity to investigate every area at the Museum and could tell the Board that money was being spent properly. Motion died for lack of a second. Comm. O'Shields, moved, seconded by Chm. Davis, that the requested budget trans- fers be approved. Upon vote, motion carried as follows: . Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Voting Noe: Comm. Vaughan. Absent: Comm. Wright. BUDGET TRANSFER - BUILDINGS AND GROUNDS Comm. O'Shields moved, seconded by Comm. Alper, that the sum of $250 be trans- ferred from Elections, Contracted Services, Account #11 430 45, to Buildings and Grounds, Auto Allowance, Account #11 505 10, to reimburse the Buildings and Grounds account for travel done by two County employees while programming and setting up voting machines. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. WITHDRAWAL OF REQUEST FOR COUNTY ATTORNEY TO DEFEND SHERIFF IN CIVIL SUIT County Attorney Fox stated that it would not be necessary for the Board to approve his defending Sheriff Grohman and other members of his department in a civil suit because the insurance company was going to asswne the defense. CONFLICT OF INTEREST AGREEMENT TABLED At the County Commissioners meeting of January 20, the Commissioners had dis- cussed the possibility of adopting a code covering possible conflicts of interest .bY the County Commissioners. The County Manager had been requested to contact the North Carolina Association of County Commissioners, the Institute of Government, and the North Carolina Attorney General's office, and other counties to determine if any other counties had adopted such codes and to report at the February 17 meeting. County Manager Eller reported that he had received the code of Guilford County, which required the disclosure of property interests and assets by Guilford County officials, and also a copy of the code and supporting documents from Prince Georges County, Maryland. Comm. Vaughan moved that this item be tabled until the meeting of April 21 and that it be turned over to the Environmental Impact C3mmittee for their recommendation. Upon vote, tabling motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. COMMITTEE APPOINTMENTS - ENVIRONMENTAL IMPACT COMMITTEE AND MENTAL HEALTH BOARD Chm. Davis moved, seconded by Comm. Alper, that the following committee appoint- ments be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. . Absent: Comm. Wright. Environmental Impact Committee, Mr. Bill Grathwol Mr. Steve Laufer . Mr. R. M. Cassidy Dr. Louis H. Adcock Mrs. W. W. Stanfield terms to expire June 30, 1976 Mental Health Board, term to expire June 30, 1975 (filling unexpired term of Dr. Richard Tamisiea) Dr. Charles P. Graham , -,- ---,,---, ------;. ,,-'-----' '----------------'-'-------~''''- ---~-;-:------:---,--._~ (118 MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) BUDGET TRANSFERS - GARAGE Chm. Davis moved, seconded by Comm. Alper, that the following budget transfers in the Garage budget be approved. ! 1) That $800 be transferred from Purchases for Inven~ory, Account #11 555 55, to Equipment, Account #11 555 74, to purchase equipment necessary for per- I forming air conditioning repairs. 2) That $850 be transferred from Purchas~for Inventory, Account #11 555 55, to Supplies and Materials, Account #11 555 33, for consumable items in the Garage such as wiping rags, nuts, bolts, etc., w~ich, in the past, had been charged as Issues from Inventory to various uSin~ departments. Upon vote, motion carried as follows: ~j ) Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. Voting Noe: Comm. Vaughan. Absent: Comm. Wright. ROAD PETITION - LONG VIEW DRIVE Comm. O'Shields moved, seconded by Comm. Vaughan, that the Board adopt a resolution requesting the Department of Transportation to accept Long View Drive in Pumpkin Acres Subdivision into the State's Secondary Road System. Upon vote,motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. FINAL SUBDIVISION PLATS DEFERRED At the request of the Planning Department, approval of the following final sub- division plats was deferred until all necessary work could be completed: Sea Pines Subdivision, Sections 1 and 2; Millbrook Subdivision, Section 6; and Windemere Sub- division, Section 8-A. I f"J, ) RESOLUTION OF ENVIRONMENTAL IMPACT COMMITTEE FOR PURCHASE OF MASONBORO ISLAND Mr. Herbert P. McKim, Chairman of the Environmental ;Impact Committee, presented a resolution which he stated had been adopted by the Committee on February 6, 1975, I requesting that the Commissioners contact the North Caro]'.ina Department of Administra- tion immediately and urge purchase of that portion of Masonboro Island to which Clear , Title had been established to be maintained in its natural state. , By common consent, it was agreed that copies of this resolution would be sent to the three legislators in Raleigh, the Governor, the Attorney General, and Mr. Bruce Lentz. (Comm. Wright was absent.) MOTION TO SEVER TABLE Comm. Vaughan moved, seconded by Comm. O'Shields, tqat the County Commissioners' table be cut in half and arranged in a horeshoe configuration so that the Commissioners I could face each other during conversation. Upon vote, motion failed to pass by the following vote. ) Voting Aye: Comm. O'Shields and Vaughan. Voting Noe: Comm. Alper and Chm. Davis. Absent: Comm. Wright. I 1)1 Comm. Vaughan requested that this item be placed on the March 3 agenda for discussion. PRESENTATION OF NEW PLAN FOR JAIL/LAW ENFORCEMENT CENTER Mr. Herbert P. McKim and Mr. Guy Martin of Ballard, McKim & Sawyer/Hartman-Cox, Associated Architects, presented the new plans for the Jail/Law Enforcement Center. ~.. --" :J .--...---------;-'. -...-.... -.-_.._, _." -.,..______ ._-:-".'____._..______._. ... ~'t , ,~ ill~ ~. MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) PRESENTATION OF NEW PLAN FOR JAIL/LAW ENFORCEMENT CENTER (CONTINUED) Comm. Vaughan moved, seconded by Comm. Alper, that the Commission meet in special session on Friday, February 21, 1975, at 8:00 o'clock a.m. to go over these plans and, further, that Chm. Davis and Comm. O'Shields be authorized to attend NACO's Legislative Conference in Washington, D. C., February 24-27, 1975. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. . Absent: Comm. Wright. Comm. Vaughan recommended that the old jail be used as a detoxification center. EXECUTIVE SESSION Comm. Alper 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. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. Chm. Davis recessed the meeting to go into executive session at 4:05 p.m. Chm. Davis adjourned the executive session to go into regular session at 4:15 p.m. Comm. Vaughan moved that this item be tabled until the meeting of March 3. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. TRANSFER OF FUNDS - PLANNING At the meeting of February 3, 1975, the Commissioners had tabled a request to transfer the sum of $644 from Professional Services, Account #11 490 04, to Capital Outlay - Equipment, Account #11 490 74, in the Planning Department budget in order to pay the deficit on two automobiles for which insufficient funds had been budgeted. This item had been tabled in order for the Commissioners to receive a mileage report from the Planning Director, which had been furnished. Comm. Vaughan moved, seconded by Chm. Davis, that this budget transfer be approved as requested. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. .PRIOR APPROVAL OF $650 FOR SERVICES FOR THE AGING IN FY 75/76 Comm. O'Shields moved, seconded by Chm. Davis, that the Commissioners give their prior approval of an additional $650 being included in the Services for the Aging budget for fiscal year 1975/1976 for the operation of their mini-bus. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Wright. ., - ,.-., ,._,_.__._,,----._....,.----,----,-,~--~---~ ~ 1.l20 MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) ABATEMENTS AND REFUNDS, Chm. Davis moved, seconded by Comm. Alper, that the requests for abatements and refunds contained in Tax Administrator Larry Powell's memorandum dated February 13 be approved as requested. (This memorandum is contained in Exhibit Book II, Page 65.) Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shieids, Vaughan, and Chm. Davis. Absent: Comm. Wright. ~ REPORT FROM COLLECTOR OF REVENUE Chm. Davis moved, seconded by Comm. Alper, that the report of Janie B. Straughn, Collector of Revenue, for collections through January 31, 1975, be accepted. (This report is contained in Exhibit Book II, Page 66.) Upon v~te, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and ChDl. Davis. Absent: Comm. Wright. COMMITTEE APPOINTMENT - ZONING BOARD OF ADJUSTMENT Chm. Davis moved, seconded by Comm. O'Shields, that Ben R. Graham be appointed as the regular member to the Zoning Board of Adjustment to fill the unexpired term of Ralph M. Smith, term to expire November 15, 1975, subject to his acceptance of this appointment. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Vaughan, and Ch~. Davis. Absent: Comm. Wright. COMM. ALPER LEAVES MEETING Comm. Alper left the meeting at 4:30 o'clock p.m. du~ to illness and was absent for the remainder of the meeting. COMMITTEE APPOINTMENTS - PORT AND WATERWAY COMMISSION Chm. Davis moved, seconded by Comm. O'Shields, that the following persons be appointed to the Port and Waterway Commission, subject to their acceptance of these appointments. I)' 1. 2. 3. 4. 5. County Commissioner Representative from Shipping Representative of Commerce and Finance Representative of Terminals and Industry Representative of an Environmental Organization - George E. Alper W. S. R. Beane Frederick K. Willetts, Jr. David S. Sharpe M. H. Vaughan Upon vote, motion carried as follows: Voting Aye: Comm. O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Alper and Wright. COMMITTEE APPOINTMENT - ZONING BOARD OF ADJUSTMENT Chm. Davis nominated Stewart B. Hull as the alternate member to the Zoning Board of Adjustment to fill the unexpired term of Rev. Herbert L. Aman, term to expire November 15, 1975, subject to Mr. Hull's acceptance. Comm. Vaughan nominated Frank B. Guenzel to fill this term. Mr. Hull was selected; Comm. O'Shields and Chm. Davis voting for Mr. Hull; Comm. Vaughan voting for Mr. Guenzel; and Comm. Alper and Wright being absent. I) RESOLUTION ACCEPTING GRANT OFFER - CRASH-FlRE-RESCUE TRUCK AT AIRPORT The following resolution was introduced by Comm. Claud O'Shields, Jr., seconded by Chm. Peter R. Davis, read in full, considered and adopted: RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF GRANT AGREEMENT FOR PROJECT NO. 8-37-0084-02 BETWEEN THE UNITED STATES OF AMERICA AND NEW HANOVER COUNTY COMMISSIONERS. BE IT RESOLVED, by the Commissioners of New Hanover County: ~ ~ 121L, MINUTES OF REGULAR MEETING, FEBRUARY 17, 1975 (CONTINUED) RESOLUTION ACCEPTING GRANT OFFER,- CRASH-FIRE-RESCUE TRUCK AT AIRPORT (CONTINUED) SECTION 1. That said Commissioners hereby authorizes, adopts, approves, accepts and ratifies the execution of Grant Agreement between the Federal Aviation Adminis- tration on behalf of the United States of America and the Commissioners of New Hanover County. . SECTION 2. That the execution of said Grant Agreement in quadruplicate on behalf of said Commissioners by Peter R. Davis, Chairman, and the impression of the official seal of the New Hanover County Commissioners and the attestation of said execution by Lise K. King, Clerk to the Board, is hereby authorized, adopted, approved, accepted and ratified. . SECTION 3. That the Airport Manager is hereby authorized to execute payment requests under this Grant Agreement on behalf of said Commissioners of New Hanover County. SECTION 4. That the Grant Agreement referred to hereinabove shall be attached hereto and made a part of this Resolution as though it were fully copied herein. (This Grant Agreement is contained in Exhibit Book 11, Page 67.) LETTER RE SOCIAL SERVICES Comm. O'Shields stated that he felt something should be done with regard to a letter from Mrs. Celya G. Trent regarding lack of protection against the winter weather for Social Services' recipients. By common consent, this letter was referred to Miss Lela Moore Hall, Director of Social Services, for her recommendation. (Comm. Alper and Wright were absent.) ADJOURNMENT Comm. O'Shields moved, seconded by Comm. Vaughan, that the meeting be adjourned. Upon vote, motion carried as follows: . Voting Aye: Comm. O'Shields, Vaughan, and Chm. Davis. Absent: Comm. Alper and Wright. Chm. Davis adjourned the meeting at 4:35 o'clock p.m. Respectfully submitted, Q1. ,I) M/' 4--<.--' '-=-'f . ~ '- lse K. Ki:lg 3 Clerk to t~e Board k MINUTES OF SPECIAL MEETING, FEBRUARY 21, 1975 ASSEMBLY The New Hanover Board of County Commissioners met in special session on Friday, February 21, 1975, at 8:00 o'clock a.m. in the Assembly Room, County Commission Building, Wilmington, North Carolina, to meet with the architects regarding the new plans for the Jail/Law Enforcement Center. Members present were Commissioners Claud O'Shields, Jr.; M. H. Vaughan; . Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; and Clerk to the Board, Lise K. King. Commissioner George E. Alper was absent due to illness. Chm. Davis called the meeting to order. ....*.._.___-'"..._~__.___. ."_ ._....". _ ._,_~_.......__~_ .M....-,.._____-___,.~ _~____ _.-' ..- .__.b___ .__ .___.____r" -- ~ -"-----..- ._~......--"'-'- - _, ..iOlIIIIIIl