1975-03-03 Regular Meeting
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125
MINUTES OF REGULAR MEETING, MARCH 3, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
March 3, 1975, at 9:00 o'clock a.'m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners George E. Al~er, Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager,
Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King.
. No members were absent.
Chm. Davis called the meeting to order.
Rev. Edward C. Hay of the First Presbyterian Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 17, 1975
Upon motion by Comm. O'Shields, seconded by Comn. Alper, the minutes of the
regular meeting held on February 17, 1975, were unanimously approved as presented.
APPROVAL OF MINUTES: SPECIAL MEETING, FEBRUARY 21, 1975
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the minutes of the
special meeting held on February 21, 1975, were unanimously approved as presented.
INTRODUCTION OF LYNN DUNN
Chm. Davis introduced Mrs. Lynn Dunn, Congressm:lll Charlie Rose's secretary,
to the Commissioners with the statement that she planned to work closely with the
Commissioners to keep the channel of communication open between the Commissioners
and Congressman Rose.
HOUSES AT 715 NUN AND 812 RED CROSS TO BE OFFERED FOR SALE
County Manager Eller reported that the Minimum dousing Division of the City of
Wilmington had advised that two County-owned houses at 715 Nun Street and 812 Red
Cross Street were in violation of the City's Minimum Standards Housing Code. The
Commissioners had received a recommendation from County Engineer Epling that these
. houses be demolished rather than repaired.
Chm. Davis moved, seconded by Comm. Alper, that the Board ask the County Manager
to advertise these houses for sale with notice that they .had been condemned but
that the County would accept the highest bid if someone wanted to purchase them
and bring them up to minimum standards and, if no bids were received, that these
houses be demolished in two weeks. Upon vote, motion carried unanimously.
AIRPORT FIRE DEPARTMENT AND TRANSFER OF FUNDS
Mr. Eugene W. Edwards of the Airport Commission appeared before the Board along
with Mr. John A. Westbrook, Airport Manager, and Mr. Rudolph Shackleford, Assistant
Airport Manager, to discuss the proposed Airport Fire Department. This item had
been tabled by the County Commissioners at their meeting of February 17 in order
for the Airport Commission to hear a proposal from Mr. W. S. Funderburg that fire
protection at the Airport be provided on a contracted basis.
Mr. Edwards stated that the Airport Commission had heard Mr. Funderburg's
request at their meeting of February 20 and recommenied that fire service at the
Airport be provided by County employees. Mr. Funderburg's proposal would cost
approximately $100,000 more than providing the service by in-house personnel.
Comm. Alper moved, seconded by Comm. Taylor, that the Board concur with the
recommendation of the Airport Commission and allow Airport Manager Westbrook to
organize and put into effect a fire department as proposed; that the sum of $3,305
be transferred from Account 1131 650 72, Buildings (Weather Canopy), to
. Account 1131 650 02, Salaries, for this purpose; and that the fullowing positions
be approved. Upon vote, motion carried unanimously.
Classification
Chief
Shift Commander
Safety Officer II
Number of Positions
1
2
4
Gr'lde
--
63
62
61
Annual Salary
$8,868
8,484
8,112
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
PUBLIC HEARING
The Clerk to the Board reported to the Board of Commissioners that notice of
a public hearing to be held at 9:30 o'clock a.m. had been published in the Wilmington
Morning Star on February 15 and'22 with regard to the following rezoning requests,
application for special use permit, and proposed amendments to the New Hanover County
Zoning Ordinance.
Chm. Davis opened the public hearing to discussion.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF" SOUTH COLLEGE ROAD
(N. C. HWY. 132) BETWEEN WALTMOOR ROAD AND OAK CLIFF ROAD FROM R-15 (SINGLE FAMILY
DISTRICT) TO 0&1 (OFFICE & INSTITUTIONAL DISTRICT) IN THEMASONBORO ZONING AREA.
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Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of January 8 and had recommended that this
request be denied. He stated that the Planning Staff concurred in this recommendation.
Mr. David C. Barefoot, Attorney at Law, appeared before the Board in this
regard representing the Petitioner.
Comm. Alper moved, seconded by Comm. Taylor, that th~ Board concur with the
recommendation of the Planning Commission and that this request be denied. Upon
vote, motion carried unanimously.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF
OAKLEY CIRCLE JUST NORTH OF OAKLEY ROAD FROM R-20 (SINGLE: FAMILY DISTRICT) TO R-15
(SINGLE FAMILY DISTRICT) IN ZONING AREA IIlOA.
Planning Director Richard A. Fender stated that the~lanning Commission had
heard this request at their meeting of February 5 and had' recommended that this
request be approved. He stated that the Planning Staff concurred in this recommen-
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dation.
Mr. Murle Smith, the Petitioner, appeared before the Board in this regard.
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Chm. Davis asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Chm. Davis moved, seconded by Comm. O'Shields, that ~his rezoning request be
approved and that the Ordinance entitled "An Ordinance of the County of New Hanover
Amending the Zoning Map of Zoning Area I/lOA of New Hanover County, North Carolina,
Adopted July 1, 1974" be adopted. Upon vote, motion carr~ied unanimously. This
Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I,
Section lOA, Page 7. 1
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE NORTH SIDE OF
OLEANDER DRIVE APPROXIMATELY 300 FEET WEST OF BRADLEY CREEK FROM R-15 (SINGLE FAMILY
DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA 1/2. fl
Planning Director Richard A. Fender stated that the flanning Commission had
heard this request at their meeting of February 5 and hadirecommended that this request
be approved. He stated that the Planning Staff concurred in this recommendation.
Mr. William Renn, the Petitioner, appeared before the Board in this regard.
Chm. Davis asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. O'Shields moved, seconded by Comm. Alper, 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 1/2 of New Hanover County, North Carolina,
Adopted December 15, 1969" be adopted. Upon vote, motion'carried unanimously.
This Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I,
Section 2, Page 9.
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUEt)
PUBLIC HEARING (CONTINUED) ..
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A. SPECIAL USE PERMIT TO USE
PROPERTY ON THE NORTH SIDE OF EASTWOOD ROAD (U. S. HWY. 74) APPROXIMATELY 940
FEET WEST OF VISION DRIVE FOR A MACHINE AND WELDING SHOP INCLUDING THE ASSEMBLY
OF PREFABRICATED MATERIALS AND COMPONENT PARTS IN ZONING AREA 119B.
Planning Director Richard A. Fender stated that the Planning Commission had
considered this request at their meeting of February 5 and had recommende d that
this special use permit be issued based on the plan as submitted with the appli-
cation for special use permit. He stated that the Planning Staff concurred in
this recommendation.
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 co~sidered 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. Wright moved, seconded
by Comm. Taylor, that this special use permit be issued based on the plan as sub~
mitted with the application. Upon vote, motion carried unanimously.
PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED AMEND~ffiNTS TO THE NEW
HANOVER COUNTY ZONING ORDINANCE.
1) Amend Article V, Section 55-3 by adding the following:
(8) Outdoor recreational and outdoor amusement facilities.
2) Amend Article VII, Section 72 by adding the following:
72-25 Outdoor Recreational and Outdoor Amusement Facilities -
Outdoor recreational and outdoor amusement facilities may be
permitted in the B-2 Highway Business District subject to the
dimensional requirements of the District and provided:
(1) That parking is provided in accordance with Article VIII
of this Ordinance; and
(2) That fencing and/or a planted buffer is provided as may
be required for the protection of business uses permitted
in the B-2 District.
Planning Director Richard A. Fender stated that the Planning Commission had
considered these amendments at their meeting of February 5 and had recommended that
they be adopted.
Upon motion by Comm. Alper, seconded by Comm. O'Shields, these amendments were
unanimously adopted by the Board.
Chm. Davis closed the public hearing to discussion.
INTENT TO APPROPRIATE $13,538 in 75/76 BUDGET FOR PHONES - SCHOOLS
The Board of Education had requested that the Commissioners give their intent
to appropriate $13,538 in the 1975/76 budget in order to pay a monthly telephone
charge of $1,087 and an installation charge of $493 1n the new central office
building. Prior approval of this appropriation was necessary so that they could
sign an agreement with Southern Bell in order to have the necessary equipment on
time.
This item had been tabled by the County Commissioners at their meeting of
February 17 in order for Dr. Bellamy to investigate using a private system to
install the equipment. Dr. Bellamy reported that he had conducted an investigation
and suitable equipment could not be found from a private company.
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
INTENT TO APPROPRIATE $13,538 IN 75/76 BUDGET FOR PHONES -. SCHOOLS (CONTINUED)
Upon motion by Chm. Davis, seconded by Comm. Wright, the Board unanimously
gave its intent to appropriate $13,538 in fiscal year 197~i/1976 for telephone
service in the new central office building for the public'schools.
INTENT TO APPROPRIATE $3,613 IN 75/76 BUDGET FOR COMPUTER SERVICE - SCHOOLS
Dr. Heyward C. Bellamy, Superintendent of County Schools, requested that the
Commissioners indicate their intent to approve an appropr:Lation for computer
scheduling in the 1975/76 budget for student schedules. ~arly approval of this
request was necessary so that Dr. Bellamy could sign a contract with the computer
service so that they could begin their work. '
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County Attorney Fox stated that Dr. Bellamy could no~ execute a contract to
purchase anything unless there was an existing appropriat+on for that purpose.
Upon motion by Chm. Davis, seconded by Comm. 0' Shiel.,is, the Board unanimously
gave its intent to appropriate $3,613 in fiscal year 1975176 for computer servicing
of student schedules.
REQUEST OF COMM. WRIGHT FOR PROPOSED BOND EXPENDITURES - ;,CHOOLS
Comm. Wright requested that Dr. Bellamy furnish her :m updated summary of
proposed bond expenditures since this had been changed after being furnished to
,
the Commissioners. Dr. Bellamy stated that he would furnish this summary.
DRAINAGE PROBLEM - HANBY BEACH
Mr. & Mrs. William Smith appeared before the Board with regard to a drainage
problem occurring on their property at Hanby Beach.
County Attorney Fox stated that the County did not h'lve any authority to
construct drainage.
No action was taken by the Board on this item.
SCREEN PLAN FOR GOVERNOUR'S SQUARE APARTMENTS TABLED
The Commissioners were scheduled to approve a screening plan for Governour's
Square Apartments.
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By common consent, this item was tabled until the meeting of March 17, 1975.
ACCEPTANCE OF ROADS IN HUGH MacRAE PARK
Chm. Davis moved, seconded by Comm. Alper, that the Board accept the two one-
way roads that had been constructed in Hugh MacRae Park and that it concur with the
deletion of a portion of S. R. 1500 between Oleander Drive and the northern edge
of the Park parking lot from the State's Secondary Road System. Upon vote, motion
carried unanimously.
DISCUSSION OF SENATE BILL 166
Comm. Wright requested that, by common consent, the Board write their legis-
lators supporting S166 "To require compliance of subdivision streets with minimum
standards of the Secondary Roads Council."
Chm. Davis requested that he be given the opportunity to study the bill.
Comm. Wright requested that this item be placed on the March 17 agenda and
that County Engineer Epling and Planning Director Fender be requested to give their
opinion of this bill.
ROAD PETITION - KINGS GRANT SUBDIVISION, SECTIONS 10, 11 AND 12
The Clerk to the Board reported to the Board of Commissioners that the Division
of Highways had advised that Sections 10, 11 and 12 in Ki:ngs Grant Subdivision met
the minimum standards for acceptance into the State's Secondary Road System and
had requested that the Commissioners adopt a resolution requesting this action.
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County Engineer Richard Epling had recommended that these streets not be added
to the State's Secondary Road System due to drainage problems noted in a report to
the Commissioners.
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
ROAD PETITION - KINGS GRANT SUBDIVISION, SECTIONS 10, 11 AND 12 (CONTINUED)
Comm. O'Shields moved, secortded by Comm. Taylor, that the Commissioners adopt
a resolution requesting that the roads in Kings Grant Subdivision, Sections 10, 11,
and 12 be added to the State's Secondary Road System.
Comm. Wright offered the substitute motion, seconded by Comm. Alper, that
the Commissioners adopt a resolution requesting that the roads in Kings Grant
Subdivision, Sections 10, 11 and 12 be added to the State's Secondary Road System,
. and that a letter be sent to the State Highway Department emphasizing the fact
that the Board thought that they were not checking thoroughly enough into minimum
standards before requesting that they be added and that the Board thought they
should check them more before requesting them for acceptance.
Upon vote, substitute motion was defeated as follows:
Voting Aye: Comm. Alper and Wright.
Voting Noe: Comm. O'Shields, Taylor, and Chm. Davis.
Upon vote, original motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Alper and Wright.
Comm. Alper stated for the record that he was voting "noe" on this motion
because of the condition of the ditches, the drainage, the tiles or pipes and
based on the report of the County Engineer that the roads were totally unacceptable.
COMMUNITY DEVELOPMENT REVENUE SHARING
County Manager Eller and Planning Director Fender reviewed with the Commissioners
the requirements for funding under the Community Development Revenue Sharing Act.
$1,072,000 would be available over a three-year period for the area which could be
. applied for in a joint application or individually by each municipality and County
government of New Hanover and Brunswick Counties.
Chm. Davis moved, seconded by Comm. Wright, that New Hanover County put in
an application requesting the entire amount to help the water and sewer program.
After a brief discussion regarding the priorities set for the progr?m, Chm. Davis
withdrew his motion; and Comm. Wright withdrew her s,econd. (For add1.-hon~ See Page 136.)
It was determined that, if New Hanover County did not apply for any funds
this year, they would still be eligible for funds during the second and third
years of the program.
Chm. Davis moved, seconded by Comm. Wright, that the County Commissioners endorse
the grant applications from the City of Wilmington and Town of Carolina Beach.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, Taylor, Wright, and Chm. Davis.
Voting Noe: Comm. O'Shields.
By common consent, a meeting with the Brunswick County Commissioners set up
for Tuesday, March 4, at 7:30 p.m. to discuss the COlnmunity Development Revenue
Sharing was cancelled.
AWARD OF CONTRACT - VOTING MACHINES
. County Manager Eller reported that the following bids had been received on
February 25 for three voting machines and that the Board of Elections had recommended
that the contract be awarded to Virginia Election Services, Inc., for a total of
$4,950.
Virginia Election Services, Inc. - used machines - $1,650 each
International Election Systems Corporation - ne\oT machines - $2,105 each
Upon motion by Comm. Alper, seconded by Comm. Taylor, the contract was
unanimously awarded to Virginia Election Services, Inc. as recommended by the
Board of Elections.
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
PROPERTY TAX EXEMPTION FOR DISABLED TABLED
Comm. Wright had requested that a discussion of extending the same property
tax exemption which now applied to senior citizens to disabled under 65 years of
age be placed on the agenda.
By common consent, this discussion was tabled until J1arch 17, 1975.
PUBLIC AUCTION - SHERIFF'S DEPARTMENT VEHICLES
Chm. Davis offered the following resolution and moved its adoption. The
motion having been duly seconded by Comm. Alper, it was adopted by a unanimous vote.
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BE IT RESOLVED that the New Hanover Board of County Commissioners, pursuant
to North Carolina General Statute 153-176, do hereby orde! the following:
1) That the County Auditor, George F. Cooper, is hereby designated the official
to dispose of the following personal property at public auction.
Item Description Serial Number
1 1974 Pontiac, 4 dr. Sedan 2L69Y4P168027
2 1974 Pontiac, 4 dr. Sedan 2L69Y4P167794
3 1974 Pontiac, 4 dr. Sedan 2L69Y4P167887
4 1973 Plymouth, 4 dr. Sedan PK4lM3F189002
5 1973 Plymouth, 4 dr. Sedan PK4lM3F18900l
6 1973 Plymouth, 4 dr. Sedan PK4lM3F188998
7 1973 Plymouth, 4 dr. Sedan RL4lG3A209783
8 1971 Plymouth, 4 dr. Sedan PL4lGlF193720
9 1968 Rambler, 2 dr. Sedan A8A060B153595
10 1967 Chev., 2 dr. Sedan 138l77B196357
11 1953 Volks., S/W, 1066572
12 1959 International, Metro Van AM122M13230B
2) Said public auction shall be held on Saturday, March 15, 1975, at 10:00 AM
at the Courthouse Parking Lot, corner of Market Street and Third Street,
Wilmington, North Carolina.
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3) A cash bid deposit equal to 10 percent of the high bid for each item will
be required.
4) The bids will be considered by the New Hanover County Board of Commissioners
at their meeting of March 17, 1975, at which ti~e the Commissioners will
accept or reject the bids. No sale will be effective until acted upon by
the Board of Commissioners.
5) A copy of this' order shall be published in the Wilmington Star-News on
March 4, 1975.
COUNTY ATTORNEY FOX TO PREPARE SOLICITATION ORDINANCE
Sheriff H. G. Grohman and Captain L. P. Hayes appeared before the Board to
request that the Commissioners adopt an ordinance regulating solicitations in
New Hanover County.
By common consent, this was referred to the County Attorney and Sheriff Grohman
for preparation of an ordinance for adoption by the Boarq.
APPROVAL OF LEAA GRANT APPLICATION - CRIME SCENE INVESTIGATION
Chm. Davis moved, seconded by Comm. Alper, that the ;following resolution be
adopted which would authorize application for an LEAA Grant to continue the funding
of the I. D. Unit in the Sheriff's Department for the period of November 1, 1975,
to June 30, 1976, and which would require funding in the 'amount of $298 in fiscal
year 1975/1976. Upon vote, resolution was adopted unani~ously.
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WHEREAS, the New Hanover County Board of Commissioners herein called the
"Applicant" has thoroughly considered the problem addressed in the subgrant appli-
cation entitled Crime Scene Investigation and has reviewed the project described
in the application; and I
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
APPROVAL OF LEAA GRANT APPLICATION - CRIME SCENE INVESTIGATION (CONTINUED)
WHEREAS, under the terms of Public Law 90-351 a3 amended, the United States
of America has authorized the Law Enforcement Assist'lnce Administration, through
the North Carolina Division of Law and Order to make federal grants to assist
local governments in the improvement of the criminal justice system,
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 3RD DAY
. OF MARCH, 1975, AS FOLLOWS:
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2.
That the project referenced above is in the best interest of the Appli-
cant and the general public.
That Dan W. Eller be authorized to file, in behalf of the Applicant,
an application in the form prescribed by the Division of Law and Order
for a subgrant in the amount of $5,367.00 to be made to the Applicant
to assist in defraying the cost of the proj,ect described in the appli-
cation. This individual shall act as the authorized representative
of the Applicant in connection with all asp,ects of the application pro-
cess.
That if the subgrant is made, the Applicant shall provide or make
arrangements to provide, a local cash matching contribution in the
amount of $298.00 and a local in-kind matching contribution valued
under LEAA guidelines at -0- as required by the Act to defray the cost
of the project.
That the Project Director designated in the application form shall
furnish or make arrangements for other appr~priate persons to furnish
such information, data, documents and reports pertaining to the project,
if approved, as may be required by the Division of Law and Order.
That certified copies of this resolution be included as part of the
application referenced above.
That this resolution shall take effect immediately upon its adoption.
3.
4.
5.
6.
APPROVAL OF CONTRACT WITH YOUTH HELP, INC.
'. County Manager Eller presented a contract between Youth Help, Inc. and New
Hanover County for approval by the Board. Youth Help, Inc., was operating the
Group Care Home which was funded by an LEAA Grant. This project involved no
county funds although the County served as Program Agent for the Grant. The
contract eliminated the necessity of the employees working at Group Care Home
being carried as County employees.
Upon motion by Chm. Davis, seconded by Comm. Alper, this contract was unani~
mously approved and the Chairman was authorized to e:l{ecute it on behalf of the
County. A copy of this contract is on file in the County Manager's office.
APPROVAL OF LEAA GRANT APPLICATION - GROUP CARE HOME
Chm. Davis moved, seconded by Comm. Taylor, that the following resolution be
adopted which would authorize the application for funding to continue the Group Care
Home for the period of December 1, 1975, through June 30, 1976, total match to be
provided by Youth Help, Inc. with no County funds involved. Upon vote, resolution
was adopted unanimously.
WHEREAS, the New Hanover County Board of Commis:3ioners herein called the
"Applicant" has thoroughly considered the problem addressed in the subgrant appli-
cation entitled New Hanover Co. Group Care Home and has reviewed the project
described in the application; and
WHEREAS, under the terms of Public Law 90-351 a:; amended, the United States
of America has authorized the Law Enforcement Assistance Administration, through
. the North Carolina Division of Law and Order to makefweral grants to assist local
governments in the improvement of the criminal justiee system,
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 3RD DAY
OF MARCH, 1975, AS FOLLOWS:
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
APPROVAL OF LEAA GRANT APPLICATION - GROUP CARE HOME (CONTINUED)
1. That the project referenced above is in the best interest of the Appli-
cant and the general public.
2. That Dan W. Eller be a~thorized to file, in behalf of the Applicant,
an application in the form prescribed by the Divi.sion of Law and Order
for a subgrant in the amount of $13,482.00 to be made to the Applicant
to assist in defraying the cost of the project described in the appli-
cation. This individual shall act as the authorized representative
of the Applicant in connection with all aspects of the application pro-
cess.
3. That if the subgrant is made, the Applicant shaLL provide or make
arrangements to provide, a local cash matching contribution in the
amount of $6,510.00 and a local in-kind matching' contribution valued
under LEAA guidelines at -0- as required by the Act to defray the cost
of the project. i
4. That the Project Director designated in the applJcation form shall
furnish or make arrangements for other appropriate persons to furnish
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such information, data, documents and reports pej~taining to the project,
if approved, as may be required by the Division bf Law and Order.
5. That certified copies of this resolution be included as part of the
application referenced above. I
6. That this resolution shall take effect immediate}y upon its adoption.
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APPROVAL OF REVISED CONTRACT WITH WASTE INDUSTRIES, INC.
County Manager Eller presented a revised contract wiVh Waste Industries, Inc.,
which had been negotiated by the County Manager, County Attorney, and Chm. Davis.
He stated that the contract had been altered to more accu~ately reflect the relation-
ship between the County and Waste Industries, Inc. :
Upon motion by Comm. Alper, seconded by Chm. Davis, this contract was unanimously
approved by the Board and the Chairman was authorized to E!Xecute it on behalf of the
County. A copy of this contract is on file in the County Manager's office.
BUILDING CODE LICENSING AND APPEALS BOARD REFERRED TO COUNTY ATTORNEY
County Attorney Fox had prepared a proposed amendment to the New Hanover County
Ordinance providing, for the adoption, administration and Emforcement of regulatory
codes.
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Comm. Alper took exception to Sections 3A-l and 3A-2.
By common consent, this
make the following addition:
his own property or the work
Ordinance was referred back to County Attorney Fox to
Shall not apply to the person doing his own work on
of his employer on his emplo~er's property.
APPROVAL OF CONTRACT DESIGNATING CO-PAYING AGENT ON SCHOOL BONDS
County Manager Eller presented the following quotes from the local banks to
serve as co-paying agent along with a New York bank on th~ school bonds. The Local
Government Commission had encouraged local governments to 'institute this practice.
Bank of North Carolina, N. A.,
North Carolina National Bank
Wachovia Bank & Trust
1st Union National Bank
Bonds
-c.75
1.00
1.00
1.00
Coupon
.08
.10
.09
.095
The Finance Officer and the County Manager recommended that the Bank of North
Carolina, N. A., be named as co-paying agent along with Manufacturers Hanover Trust.
Upon motion by Comm. Wright, seconded by Comm. O'Shields, the contract desig-
nating Bank of North Carolina, N. A., as the co-paying agent on the school bonds
along with Manufacturers Hanover Trust was unanimously approved and the Chairman
was authorized to execute the contract on behalf of the County. A copy of this
contract is on file in the County Manager's office.
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SETTING OF PUBLIC HEARING - 201 FACILITIES PLAN
Upon motion by Comm. Wright, seconded by Comm. Alper, the public hearing for
the 201 Facilities Plan was unanimously set for Monday, April 7.
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MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
DISCUSSION OF NON-PARTISAN ELECTION OF COUNTY COMMIS:nONERS
Upon motion by Comm. Wright ,:: seconded by Chm. Davis, discussion of non-partisan
election of County Commissioners was unanimously ove',r1ooked.
DISCUSSION OF REARRANGEMENT OF COMMISSIONERS' TABLE
By common consent, discussion of rearrangement of the Commission~rs' table was
overlooked.
.ADOPTION OF EXPENDITURE REDUCTION POLICY
County Manager Eller had prepared an expenditurl~ reduction policy as directed
at the meeting of February 17.
Upon motion by Chm. Davis, seconded by Comm. Taylor, the Board unanimously
adopted this expenditure reduction policy effective immediately, copy of whieh
is contained in Exhibit Book II, Page 70.
By common consent, it was understood that County Commissioners would get prior
approval of out-of-state travel.
Comm. Wright recommended giving consideration to elimination of the merit
portion of the pay scale and giving only a cost-of-l:lving raise. County Manager
Eller stated that this was a possibility but that he would not recommend it. No
action was taken by the Board on ~his recommendation.
REQUEST OF FORMER COMMISSIONER VAUGHAN FOR BUDGET DENIED
Former Commissioner M. H. Vaughan had requested that he be furnished a copy
of the County budget free of charge each year for the next five years.
Comm. Alper moved that this request be honored. Motion died for lack of a
second in that County Attorney Fox stated that this '~ould not legally be done
unless the Commissioners were willing to make the budget available to all citizens
on the same basis.
. Comm. Wright moved that Mr. Vaughan be furnished a copy of the budget in the
up-coming year in lieu of a plaque as he would prefe:c the budget. Motion died for
lack of a second in that County Attorney Fox ruled that budgetary charges would
have to be made on a uniform basis.
BUDGET TRANSFERS - GARAGE
Upon motion by Comm. O'Shields, seconded by Corun. Alper, the following transfers
for the Garage were unanimously approved.
$160 from Account 1111 505 36, Uniforms in the Buildings and Grounds budget, to
Account 1111 555 36, Uniforms in the Garage budget.
$150 from Account 1111 555 13, Utilities, to Account 1111 555 36, Uniforms in
the Garage budget.
Thes~ transfers were necessary due to the fact that the cost of providing
uniforms had increased fro~ approximately $2 per man per week to $3.40 per man per
week.
BUDGET AMENDMENT - PUBLIC HEALTH
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the Board unanimously
appropriated the sum of $227 to revenue account 1144 368 09, Medicare & Medicaid,
and the same amount to the expenditure account Miscellaneous Expense, Account
1144 590 57, in the Health Department budget in order to refund this amount which the
County had received in medicaid payments but had not been entitled to.
. TRANSFER OF FUNDS - JUVENILE SERVICES
Upon motion by Comm. O'Shields, seconded by Comrn. Alper, the sum of $2,600
was unanimously transferred from Contingencies~ Account 1111 445 61, to Utilities,
Account 1111 522 13, in the Juvenile Services budget due to insufficient funds in
that account for the increased cost of utilities.
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(i :J4
MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
BUDGET AMENDMENT - CAPE FEAR TECH
Upon motion by Comm. Wright, seconded by Comm. Alper, the budget for Cape Fear
Technical Institute was unanimously amended by increasing the revenue item, Appro-
priated Fund Balance, Account 1153 299 00, by $15,000 and: by appropriating $15,000
to Account 1153 6126, Water and Utilities. '
BUDGET TRANSFER - CAPE FEAR TECH
Upon motion by Comm. O'Shields, seconded by Comm. Alper, the sum of $1,300
was unanimously transferred from line item 116104, Salaries - Janitors, to line
item 116127, Motor Vehicle Operation, in the Cape Fear Te~hnical Institute budget
due to gas and oil costs exceeding the budget estimate. :
I);
BUDGET TRANSFER APPROVAL - ELECTIONS
By common consent, the Board approved the County Manager's action in transferr:1ng
the sum of $100 from Account 1111 430 21, Building Rent, to Account 1111 430 54,
Insurance and Bonds, in the Board of Elections budget. i
POLICY RE TRANSFERS OF $150 OR LESS - COUNTY MANAGER
By common consent, it was agreed that the County Manager would notify the
Commissioners of budget transfers he had approved of $150 or less by sending them
a copy of the memorandum approving the transfer. j
DATE FOR SALE OF TAX LIENS ON REAL PROPERTY
Chm. Davis moved, seconded by Comm. Alper, that the date for the sale of tax
liens for New Hanover County and the four municipalities be set for May 5, 1975,
as requested by the Tax AdministratoI1.I, Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis.
Voting Noe: Comm. Wright.
Comm. Wright stated that she was voting "noe" becam;e she did not want any
land sold for taxes until the tax situation had been straightened out.
I):
BUDGET TRANSFER - TAX DEPARTMENT
Comm. O'Shields moved, seconded by Comm. Alper, that: theSlm of $10,160 be
transferred from Contingencies, Account 1111 445 61, to T~x Foreclosures,
Account 1111 450 70, in the Tax Department budget to conclude the foreclosure
sales in fiscal year 1974-1975. Upon vote, motion carried as follows:
I
\
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm~ Davis.
Voting Noe: Comm. Wright.
INCINERATION OF GARBAGE ARRIVING ON FOREIGN AIRCRAFT
Upon motion by Comm. O'Shields, seconded by Comm. Alper, County Manager Eller
was unanimously authorized to write the Town Clerk of Wrightsville Beach the
following letter regarding the incineration of garbage arriving on foreign aircraft
as recommended by County Attorney Fox.
"Dear Mr. Perry:
Confirming our recent discussion:
(1) Garbage from foreign aircraft arr1.-V1.-ng at New banover County Airport
shall be placed in sealed plastic bags and delivered to the incinerator
of the Town of Wrightsville Beach (hereinafter call~d Town).
I
(2) The Town will destroy such garbage by incineration without charge to
New Hanover County.
f):
(3) Incineration facilities of the Town will be maae available to the Plant
Protection and Quarantine Officer~ United States DeFartment of Agriculture~
for his inspection.
(4) In consideration' of the foregoing~ New Hanover County agrees to hold
harmless and indemnify Town for any and all claims~ expenses~ damanges and
attorneys fees arising out of or in any way connected with incineration of
such garbage. "
~,
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1185
MINUTES OF REGULAR MEETING, MARCH 3, 1975 (CONTINUED)
PLAQUE AND GAVEL FOR FORMER COUNTY COMMISSIONER M. H. VAUGHAN
Upon motion by Chm. Davis, s~conded by Comm. 0' :,hields, the Board unanimously
approved the purchase of a plaque; and gavel for form(~r County Commissioner
M. H. Vaughan engraved with" his years of service.
~Sf.ltl ~~I,J 111(
LETTER FROM BERg ON I\- COUNTY RE BOTTLE DEPOS ITS 1 n50" J ~ I} ,
Chm. Davis presented a letter and resolution from the .ndcrcH'm County Board
I of Commissioners regarding deposits on bottles to keep them from littering the
.highWayS and requested the Clerk to send copies of these items to the Commissioners
and to the bottling companies to receive their reaction.
COMMITTEE APPOINTMENTS OF COMM. TAYLOR
Upon motion by Comm. Wright, seconded by Chm. Davis, Comm. Taylor was
unanimously appointed to the following Boards to fill the vacancy created by the
resignation of M. H. Vaughan.
1) Bicentennial Association
2) Harbor House Executive Committee
3) Study Committee re Salary Survey
4) Coastal Resources Advisory Council
INVITATION FROM DR. BELLAMY RE SCHOOL BUDGET
The Board had received an invitation from Dr. HI~yward C. Bellamy, Superintendent
of County Schools, to attend the presentation of the school budget proposals to the
Board of Education on March 11 at 8:00 p.m.
Chm. Davis recommended that the Board attend and that they receive the same
material beforehand as distributed to the Board of Education.
REPORT ON CORONER POSITION
Comm. Wright reported that she felt the position of Coroner would eventually
work itself out of existence and that the Board need not take action on this.
'.SUPPORT OF SENATE BILL 134
Upon motion by Comm. Wright, seconded by Comm. l\lper, the Board unanimously
endorsed SB 134 entitled "Medical Examiner Fee Paid by State" to require the
State to pay county medical examiner fees by amending Article 21 of Chapter 130
of the General Statues of North Carolina.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Taylor, that the meeting be recessed to
go into executive session to discuss personnel. Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to go into executive session at 1:00 pm.
Chm. Davis adjourned the executive session to go into regular session at 1:20 pm.
APPROVAL OF MODIFICATION OF SUB-AGREEMENT - PUBLIC Er~LOYMENT PROGRAM
Upon motion by Comm. O'Shields, seconded by Coma. Alper, the Chairman was
unanimously authorized to sign a modification to the sub-agreement on the Public
Employment Program which would accomplish the follow:Lng:
1)
2)
3)
.. .
I 4)
Change the job title Job Analyst to Administrative Coordinator and change
this salary from $687 per month to $800 per month.
Continue the positions of Painter and Carpenter II at present salary and
fringe benefits,
Delete the following positions: Civil Engineer, Installation Technician,
two General Utilitymen, Index Editor, Carpenter II and Maintenance Mechanic IV.
Transfer to the Emergency Jobs Program the Index Editor and Carpenter II
positions.
ADJOURNMENT
Comm. Alper moved, seconded 'by Comm. Taylor, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 1:25 o'clock p.m.
Z:;~~ted'
.h1se K. King ~
Clerk to the Board
k
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