1975-05-05 Regular Meeting
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MINUTES OF SPECIAL MEETING, APRIL 28, 1975 (CONTINUED)
INTENT TO GRANT RIGHT-OF-ENTRY TO NATIONAL GUARD - AIRPOIIT PROPERTY
At the meeting of April 21, 1975, the Commissioners ,had given tentative approval
to the exchange of property at the New Hanover County Airport between the County and
the National Guard.
Mr. Roy M. Pigg, Corps of Engineers, appeared before the Board to request that
the Commissioners give their approval to granting the Nat,ional Guard an immediate
right-of-entry to the property they were going to receivE: in that the actual exchange
of properties could take up to two years. !
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By common consent, the Board gave their intention to grant the National Guard
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an immediate right-of-entry as requested, with the understanding that Mr. Pigg would
submit a formal agreement for Commission approval.
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 8:l0 a.m.
Chm. Davis .reconvened the meeting at 8:20 a.m.
POLICY RE XEROX COPIES
Upon motion by Comm. Alper, seconded by Comm. O'Shields, the Board unanimously
adopted the following policy with regard to xerox copies made in the County Manager's
office.
1) That the xerox machine in the County Manager's office be used only for
County business; i.e., material in the County CO,mmission Building that
could' not be taken from the building to be copied.
2) 'J,'hat all other material not defined as "County business" be taken to a
private enterprise to be copied.
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3) That a fee of 10Q (10 cents) per copy be charged to persons securing
copies of "County business."
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Taylor, that the meeting be adjourned.
Upon vote, motion carried unanimously.
ChID. Davis adjourned the meeting at 8:25 o'clock a.m.
Respectfully submitted,
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(M~.) Lise'K. King01
Clerk to the Board
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MINUTES OF REGULAR MEETING, MAY 5, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
May 5, 1975, at lO:OO o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
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Members present were Commissioners George E-. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Da,ris; County Manager,
Dan W. Eller; Attorney Joseph O. Taylor, Jr., representin9 County Attorney,
James C. Fox; and Clerk to the Board, Lise K. King. No mE!lnbers were absent.
ChID. Davis called the meeting to order.
Comm. O'Shields offered the invocation.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
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APPROVAL OF MINUTES: VERBATIM TRANSCRIPT, MARCH 17, 1975
Upon motion by Chm. Davis, seconded by Comm. Wright, the verbatim transcript
from the meeting of March 17, 1975, on the "Report from Cole-Layer-Trumble" I was
unanimously accepted by the Board to be placed in the Exhibit Book with the notation
that the Commissioners could not verify its accuracy or authenticity. This transcript
is contained in Exhibit Book II, Page 71.
APPROVAL OF MINUTES: REGULAR MEETING, APRIL 21, 1975
. Chm. Davis stated that on Page l78 under "Sale of County Property" the first
eading of values should be noted as "l974 Tax Value" rather than "1975 Tax Value."
Comm. Wright requested that on Page 176 under "Public Hearing - Ambulance Fran-
chise Ordinance" the record show that those persons who appeared in regard to this
item agreed to the deletion of the rescue squads as an exemption.
Comm. Wright stated that on Page 179 under "Abatt~ments & Refunds and Transfer
of Funds - Tax Department" that the action taken by the Board had only been with
regard to the abatements and refunds and that they had not approved the transfer of
funds necessary to make these refunds. (Upon motion by Comm. O'Shields, seconded
by Comm. Alper, a transfer of $1,853 from Contingencif~s, Account #11 445 61, to Tax
Refunds and Payments, Account #ll 450 60, was unanimously approved in the Tax Depart-
ment Budget in order to pay the refunds that had been approved by the Board at their
meeting of April 21, 1975.)
Comm. Wright requested that on Page 181 under "Discussion of Material Received
by Commissioners" the record show that no action was ':.aken by the Board on this
request.
Upon motion by Comm. Alper, seconded by Comm. O':,hields, the minutes of the
regular meeting of April 21, 1975, were unanimously a])proved as corrected.
APPROVAL OF MINUTES: SPECIAL MEETING, APRIL 28, 1975
Upon motion by Corom. Alper, seconded by Comm. O'Shields, the minutes of the
411fpecial meeting of April 28, 1975, were unanimously approved as presented.
PUBLIC HEARING
The Clerk to the Board reported to the Board of Commissioners that notice had
been published in the Wilmington Morning Star on April 19 and April 26, 1975, that
the Board of Commissioners would hold a public hearinq at 10:00 a.m. with regard
to the following appeals from the recommendation of the Planning Commission.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY ON THE NORTH SIDE OF GORDON ROAD BETWEEN CASTLE HAYNE
ROAD (U. S. HWY. 117) AND 23RD STREET FROM R-l5 (SINGLE FAMILY DISTRICT) TO B-2
(BUSINESS DISTRICT) IN ZONING AREA #9A.
Planning Director Richard A. Fender stated that 1:.he Planning Commission had con-
sidered this request at their meeting of April 2 and had recommended that this request
be denied. He stated that the Planning Staff concurr4~d in this recommendation for the
following reasons: In the Staff's opinion, it would have detrimental effects on the
adjacent residential property. Although it was likely over a long period that the
area would convert to industrial and heavy commercial use, the Staff felt that it
was not appropriate at this time considering the quality of residences that existed
in that area and, also, due to the availability of existing commercially zoned property
in the area which was now vacant of commercial uses.
Chm. Davis, requested that he be allowed to absta:Ln from voting on this issue
in that his fat~er's secretary was involved and his father had a family business
.hiCh he might inherit someday. He stated that he fe:Lt this was financial involve-
ent. Upon motion by Co~n. Alper, seconded by Comm. O'Shields, Chm. Davis was
unanimously allowed to abstain from voting on this iSBue as requested.
Mrs. Earl (Nell) Stevens appeared before the Board in opposition to this request
and presented a petition signed by area residents opposing this rezoning request.
(Mr. Fender had presented a petition in opposition to this rezoning request which
had been submitted to the Planning Commission.) TheSE! petitions are contained in
Exhibit Book III, Page l. Mrs. Cecelia Pleasants appE!ared before the Board in opposi-
tion to this request.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
PUBLIC HEARING -
Mr. William
the Petitioner.
rezoning request.
APPEAL RE PROPERTY ON NORTH SIDE OF GORDON ROAD (CONTINUED)
G. Smith, Attorney at Law, appeared before the Board representing
He presented a petition signed by area :residentsin favor of this
This petition is also contained in E~hibit Book III, Page 1.
Comm. Alper moved, seconded by Comm. Wright, that, in order to protect the
residents and homes that were existing in the area, thiq request be denied as recom-
mended by the Planning Commission. Upon vote, motion carried as follows:
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Voting Aye: Comm. Alper, Taylor, and Wright.
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Voting Noe: Comm. O'Shields.
Absent:
Chm. Davis.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECO~~NDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD
(U. S. HWY. 421) APPROXIMATELY 400 FEET NORTH OF S.R. 1186 FROM R-15 (SINGLE FAMILY
DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9B:
Planning Director Richard A. Fender stated that th~ Planning Commission had
considered this request at their meeting of April 2 and:had recommended that this
request be denied. He stated that the Planning Staff cc~ncurred in this recommendation
in that they felt this would encourage encroachment of commercial uses into the resi-
dentially zoned areas nearby. In addition, the Staff felt that this would set a
precedent for future commercial rezoning requests along ~carolina Beach Road.
Mr. Fender added that to rezone this property would con~titute "spot zoning."
Chm. Davis asked if there were anyone present to oppose this rezoning request,
and Mr. Carl D. Parker, Sr., spoke in opposition to thi~ rezoning request.
The Petitioner was not present to speak in favor of this request nor was anyone
else.
Upon motion by Corom. Taylor, seconded by Comm. Alp~r, this request was unani-
mously denied as recommended by the Planning Commission.
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PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOV.~NDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD JUST
NORTHWEST OF THE INTERSECTION OF MYRTLE GROVE LOOP ROADiAND MASONBORO LOOP ROAD FROM
R-l5 (SINGLE FAMILY DISTRICT) TO R-lO (SINGLE FAMILY DISTRICT) IN ZONING AREA #4.
The Planning Commission had considered this requesi at their meeting of April 2
and had recommmded that this request be denied.
This item had been tabled by the county commissioners at their meeting of
April 21, 1975.
Mr. John Richard Newton, Attorney at Law, appeared before the Board representing
the Petitioner.
Chm. Davis asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Planning Director Richard A. Fender stated that the Planning Staff was not con-
cerned with the physical aspects of the site; that they felt it was well designed.
He stated that their concern was that, at some point, you had to set a level at which
higher density urban development was separated from rural development. He stated
that, in his opinion, the minimum that should be set for rural residental density
was 15,000 square feet and that, only where urban level services would be available
in the foreseeable future, should this be changed. He stated that with the request
under consideration he did not feel that the County would be able to provide the
services that would be required.
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Comm. Alper moved, seconded by Corom. Taylor, that the Board concur with the
Planning Commission and deny this request in order to keep the rural areas as wide
open as possible.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
PUBLIC HEARING - APPEAL RE PROPERTY ON WEST SIDE OF MASONBORO LOOP ROAD (CONTINUED)
Comm. Wright offered thesub~ti tute motion, sec,:mded by Comm. 0' Shields, that,
as the proposed development contained its own community water and sewer system
which she felt was better than individual wells and septic tanks, this request be
approved and that the ordinance entitled "An Ordinance of the County of New Hanover
Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina,
Adopted April 7, 1971" be adopted. Upon vote, motion carried as follows:
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Voting Aye: Comm. O'Shields, Wright, and Chm. Davis.
Voting Noe: Comm. Alper and Taylor.
The ordinance, as adopted and signed, is contained in Zoning Ordinance Book I,
Section 4, Page l2.
Planning Director Fender stated that the Planning Staff would like to present
in report form a cost-benefit analysis of higher density urban development in the
County for consideration by the Planning Commission and County Commissioners. This
was agreed to by common consent.
DISCUSSION OF SUBDIVISION STREETS - FOXCROFT SUBDIVISION
Mrs. Peggy Robinson of 406 Kingston Road appeared before the Board along with
other residents of Foxcroft Subdivision with regard to the condition of streets in
Foxcroft Subdivision.
Mrs. Robinson advised that the developer of the subdivision had recently con-
tacted the Highway Division with regard to bringing the streets up to State's
Standards. She was requested to advise the Commissioners in June what action had
been taken by the developer to bring the roads up to State's Standards. Mrs. Robin-
son was also advised that the Commissioners sympathized with her problem but that
there was nothing they could do to help.
REQUEST FOR ASSISTANCE FOR BLIND PERSONS
. Mary Katherine Vasiliou appeared before the Board and requested that the Com-
missioners adopt an ordinance requiring all self-service stores in New Hanover
County to make their merchandise accessible to the totally blind and visually
impaired shoppers who should enter such stores unaccompanied by a sighted guide.
By common consent, the Chairman was authorized to write the news media, the
Chamber of Commerce, the Wilmington Merchants Association and the Human Relations
Committee asking that letters be sent to their members stating that the Commissioners
felt strongly that all handicapped should be helped more in this area because more
and more stores were going to the self-service variety.
APPROPRIATION FOR ALBERT SCHWEITZER AWARDS
Mr. Meares Harriss, 'Jr., and Mr. Hugh MacRae, II, appeared before the Board
to request an appropriation from the County in the amount of $5,000 for the Albert
Schweitzer International Prizes.
Chm. Davis moved, seconded by Comm. O'Shields, that $5,000 be included in the
County budget for fiscal year 1975/l976 for this purpose from non-tax funds subject
to research from the Legal Staff'-to determine the legality of this appropriation.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.
Voting Noe: Comm. Taylor and Wright.
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Comm. Wright stated that she was voting "noe" on this motion because she did
see what justification the Board could have to force people to pay taxes to
finance an award to someone from anywhere in the entire world who might be objec-
tionable to the people in the community and, further, to state that the funds would
come from non-tax funds did no good because you woulj merely have to replace these
with tax funds.
LUNCH RECESS
Chm. Davis recessed the meeting for lunch from 12:20 to 1:15 p.m.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
RESOLUTION RE 208 WATER QUALITY MANAGEMENT PLAN
Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments,
presented a proposal that the Council of Governments be qesignated the agency to
conduct a Water Quality Management Plan for an area cover,ing New Hanover, Brunswick,
and portions of Columbus and Pender Counties.
Corom. Wright expressed concern that this would delay. the local water and sewer
planning and implementation. Beverly, Paul stated that hi had received assurance
that this would not hinder anyon-going 20l Plans.
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Comm. Alper offered the following resolution, seconded by Comm. Taylor, and
moved that it be adopted on the condition that a cover l~tter be sent with the
resolution stating that, in the event that it showed any isigns of stopping or
interfering with the 201 Planning, the Commissioners would terminate their involve-
ment and rescind this resolution. Upon vote, motion can:'ied as follows:
Voting Aye: Corom. Alper, O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Wright.
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Corom. Wright stated that she was voting against this motion because she was
afraid that it would stop the County's 201 Planning.
RESOLUTION
RESOLUTION INDICATING THE INTENT TO PARTICH.PATE WITH OTHER GENERAL
PURPOSE LOCAL GOVERNMENTS IN THE WILMINGTO~ SMSA AREA IN A
JOINT PLANNING PROCESS TO DEVELOP AND IMPLEMENT A PLAN
RESULTING IN A COORDINATED WASTE TREAT~NT MANAGE-
MENT SYSTEM FOR THE AREA ~
WHEREAS, Section 208 of the Federal Water Pollution 9ontrol Amendments of 1972,
P.L. 92-500 (hereinafter called "Act") requires that in a;r-eas of urban industrial
concentration having substantial water quality control problems, an areawide planning
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and management process for correcting such problems be undertaken; and
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WHEREAS, pursuant to proposed EPA regulations, the G?vernor, or Governors in
interstate areas, after consultation with appropriate local officials, are to designate
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the areawide planning districts and a single representative agency, which includes
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local elected officials, capable of developing effective ?reawide waste treatment
plans; and i
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WHEREAS, Section 208 authorizes that existing areawide agencies may be designated
as the offical water quality planning and management agen?y; and
WHEREAS, the Environmental Protection Agency has issued guidelines (40 CFR Part
l26) for the designation of areawide waste treatment manatJement planning areas and
responsible planning agencies; and
WHEREAS, the criteria contained in the EPA regulations for designating such area
and planning agency are applicable to the Wilmington SMSA area; and
WHEREAS, Section 126.10 of the EPA regulations requires, among other things, that
the local governments within a substantial water quality I>roblem area must indicate
their intent, through formally adopted resolutions, to join together in the planning
process to develop and implement a plan which will result:in a coordinated waste treat-
ment management system for the area; and
WHEREAS, the CAPE FEAR COUNCIL OF GOVERNMENTS (hereir.,lafter called "Council") has
been actively engaged in water resource planning within the Wilmington SMSA area and is
the representative agency of the major general purpose lo6al governments within the
Wilmington SMSA area for undertaking intergovernmental coqrdination and comprehensive
planning for the region; and I
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WHEREAS, the Council has formally requested that the Governor of North Carolina
designate the Wilmington SMSA area as a substantial water:quality problem area and the
Council as the single representative organization to develop areawide waste treatment
management plans as called for under Section 208; and
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED:'
RESOLUTION RE 208 WATER QUALITY: MANAGEMENT PLAN (CONTINUED)
WHEREAS, the EPA regulatiops in Section 126.11 encourage the use of existing
capable regional agencies consi;~tent with the policies of Title IV of the Intergovern-
mental Cooperation Act of 1968, as implemented by Part IV of OMS Circular A-95 to
receive the designation as the single responsible agency for waste treatment management
planning in designated areas; and
WHEREAS, the designation of the Council will insure the integration of waste
treatment management planning into the overall comprehensive developmental planning
process for the Wilmington SMSA area; and
WHEREAS, such planning and management process will equip the Council's parti-
cipating governments with a significant new tool both to guide and control development
and growth within the Wilmington SMSA area together with an additional basis for
evolving a joint decision for the solution of the area's severe water pollution
problem:
NOW, THEREFORE BE IT RESOLVED THAT NEW HANOVER COUNTY hereby indicates its
intention to participate in an intergovernmental p~ocess to develop a plan which
will result in a coordinated waste treatment management system for the Wilmington
SMSA area; and
BE IT FURTHER RESOLVED THAT NEW HANOVER COUNTY hereby indicates its intention
to participate in an intergovernmental process, after mutual adoption of the plan by
the New Hanover Board of County Carum. and the North Carolina Environmental Management
Commission, to implement the plan which will result in a coordinated waste treatment
management system for the Wilmington SMSA area; and
BE IT FURTHER RESOLVED THAT THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY
hereby requests the Governor to designate the Wilmington SMSA area as a substantial
water quality problem area and further designate the CAPE FEAR COUNCIL OF GOVERNMENTS
as the responsible agency to conduct waste treatment management planning within such
area under the provisions of Section 208 of the Federal Water Pollution Control Act
Amendments of 1972 and the EPA regulations promulgated and implemented thereto.
Adopted this 5th day of May, 1975.
TABLING OF SOLICITATIONS ORDINANCE
The Solicitations Ordinance had been approved by a majority of the Board at
the meeting of April 21, 1975. However, since the ordinance was not considered
at a public hearing and was not adopted by unanimi i:y, the ordinance had to be con-
sidered at a subsequent meeting.
Sheriff Grohman had notified the Chairman that he did not want the ordinance
to cover insurance salesmen and churches.
By common consent, the Solicitations Ordinanc(~ was tabled.
TABLING OF AERONAUTICS, INC., LEASE AGREEMENT
As required by N. C. G. S., notice had been plwlished in the Wilmington Morning
Star on March 28, 1975, that the County Commission(~rs would consider leasing addi-
tional property to Aeronautics, Inc., at their mee1:ing of April 7, 1975.
This item had been tabled at the meetings of April 7 and April 21 as requested
by County Attorney Fox due to questions raised by i\eronautics, Inc., regarding the
terms of the lease.
Attorney Joseph o. Taylor, Jr., stated that this was still in the process of
negotiation and requested that it be tabled to the meeting of May 19, 1975.
Comm. O'Shields moved that consideration of_ the lease agreement with
Aeronautics, Inc., be tabled to the meeting of May 19,1975. Upon vote, tabling
motion carried unanimously.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
STORM DRAINAGE POLICY REFERRED TO ENVIRONMENTAL IMPACT C~4MITTEE
County Mgr. Eller had prepared a Storm Drainage Policy in conjunction with
Mr. Henry Cranford, sanitation Supervisor with the Health Department; Mr. Sam Cox,
Soil Conservationist; Mr. Richard Epling, County Engineer; and Mr. Richard A. Fender,
Planning Director. This had been presented to the County'Commissioners for their
consideration with the request that they decide (1) if the County was, in fact,
going to participate in providing storm drainage facilities; and (2) under what
terms and conditions the County would participate. i
Messrs. Howard Loughlin and Jack Stocks appeared before the Board to discuss
this policy with the Commissioners. They were in favor of a Storm Drainage Policy.
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Mr. M. H. Vaughan spoke in opposition to the adoption of such a Policy.
Comm. O'Shields moved that the storm drainage project be funded in the amount
of $100,000 in fiscal year 1975/1976. Motion died for lack of a second.
Chm. Davis moved, seconded by Comm. Alper, that the proposed Storm Drainage
policy be referred to the Environmental Impact Committee for their recommendations
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and comments; and that it be paramount on the new County Engineer's calendar; that
the Commission attempt to get it set up and funded in fis~al year 1976/1977 with a
comprehensive list of projects to be considered. Upon vote, motion carried unani-
mously.
DISCUSSION OF DRAINAGE IN FOXCROFT SUBDIVISION
Mrs. Lilian Morriss, 409 Bradford Road, appeared before the Board along with
others in regard to the drainage problems existent in Fox~~roft Subdivision. She
stated that Mr. Henry Cranford of the Health Department h;:l.d stated that they were
living on a "keg of disease" but that the Health Departme;lt could do nothing to help.
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Chm. Davis requested that the County Manager write M:r. Cranford with regard to
this statement and ask what the Health Department proposed to do regarding these
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drainage problems with a copy of both his letter and Mr. Cranford's reply to be
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sent to Mrs. Morriss. This was agreed to by common consent.
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EXPANSION OF PORT AND WATERWAY COMMISSION
Mr. W. S. R. Beane, Chairman of the Wilmington-New Hanover Port and Waterway
Commission, had written the Commissioners requesting that, the Commission be expanded
to include as members the mayors of Carolina and Wrightsville Beaches.
Mr. M. H. Vaughan, the County's appointed environmentalist to this Commission,
appeared before the Board in opposition to this request. ~
Chm. Davis moved, seconded by Comm. O'Shields, that, inasmuch as the Beaches
were a part of the County and both the North Carolina Department of Natural and
Economic Resources and the National Water Resources Congr\~ss as well as the members
of the Port and Waterway Commission felt that the mayors of Carolina and Wrightsville
Beaches should be included as members, the membership of ~he Port and Waterway Com-
mission be expanded to include the mayors of Carolina and!Wrightsville Beaches. Upon
vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis.
Voting Noe: Comm. Taylor and Wright.
BUDGET TRANSFERS - AIRPORT
Upon motion by Chm. Davis, seconded by Comm. O'Shiel<ls, the following budget
transfers in the Airport Budget were unanimously approved:
l) $lO,OOO to be transferred from Account #31 650 73, Capital Outlay -
Other Improvements, to Account #31 650 04, ProfeGsional Services, in order
to contract with an architectural firm to preparE~ plans for the new radar
building.
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2) $1,500 to be transferred from Account #31 650 73" Capital Outlay - Other
improvements, to Account #31 650 16, Maintenance'and Repair of Equipment,
in order to repair the emergency power generator;. (These funds were to be
refunded by the insurance company.)
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
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APPROVAL OF CONTRACT WITH LESLIE N. BONEY, ARCHITECT - RADAR BUILDING AT AIRPORT
Upon motion by Comm. Alper, seconded by Comm. O'Shields, the contract between
New Hanover County and Leslie N. aoney, Architect, was unanimously approved for
expansion of the Control Tower fo~ radar, New Hanover County Airport, and the Chair-
man was authorized to sign the contract on behalf of the County. The charges as
listed in the contract were as follows:
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For new addition to base building - 8.5%
For tower, and AFS space alterations and main electrical distribution - l2%
(The fee is initially estimated not to exceed $10,000)
A copy of this contract is on file in the County Manager's office.
BUDGET TRANSFER - DEBT SERVICE
Upon motion by Comm. O'Shields, seconded by Chm. Davis, a transfer of $6,000
from Account #11 660 82, Interest, to Account #11 660 88, Bond Expense, was unani-
mously approved in order to pay a bill from the New York Bond Attorneys for services
rendered on the School Bond Issue.
BUDGET TRANSFER - ADMINISTRATION
Upon motion by Comm. Wright, seconded by Comm. O'Shields, a transfer of $205
from Travel, Meetings & Schools, Account #11 420 l4, to Salaries, Account #11 420 02,
was unanimously approved in the Administration Budget due to the reclassification of
the Steno I to Steno III in the County Manager's office.
BUDGET AMENDMENT - PUBLIC SCHOOL CONSTRUCTION FUND
In order to record the balance of the school Bonds which had been sold,
Co~. O'Shields moved, seconded by Comm. Alper, that the sum of $4,100,000 be appro-
priated as a revenue to Sale of Bonds, Account #65 385 00, and as an expenditure to
Capital Outlay - Building, Account #65 660 72, in the Public School Construction
Fund. Upon vote, motion carried unanimously.
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APPOINTMENT OF NORMAN R. HOLDEN AS JUVENILE SERVICES CENTER DIRECTOR
County Mgr. Eller reported that Norman R. Holdtn had been appointed as Director
of the Lower Cape Fear Juvenile Services Center effective May 19, 1975.
ROAD PETITION - SECTIONS 4 & 6 OF WINDEMERE SUBDIVIE:ION
The Division of Highways had advised that the l'oads in Sections 4 & 6 of
Windemere Subdivision met the State's standards and criteria for addition to the
State's Secondary Road System and had requested that: the Commissioners adopt a
resolution requesting that this be done.
Comm. Alper moved that the Commissioners deny 1:his request inasmuch as the former
County Engineer, Richard Epling, had advised that the roads did not conform to the
minimum requirements of the secondary road policy manual. Motion died for lack of
a second.
Comm. Taylor moved, seconded by Comm. O'ShieldB, that, inasmuch as the State
had advised that these roads met the State's standards and criteria for acceptance
into the State's Secondary Road System, the Commiss:Lon adopt a resolution requesting
that the roads in Sections 4 & 6 in Windemere Subdivision be added to the State's
Secondary Road System. Upon vote, motion carried unanimously.
ROAD PETITION - WHITE OAK DRIVE & BIRCH COURT OF OAK FOREST SUBDIVISION
Upon motion by Comm. Taylor, seconded by Comm. O'Shields, the Board unanimously
adopted a resolution requesting 'that white Oak Drivl~ and Birch Court in Oak Forest
Subdivision be added to the State's Secondary Road :,ystem inasmuch as the State had
advised that these roads met the State's standards and criteria for acceptance.
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TABLING OF BUILDING MANAGEMENT PROPOSALS
By common consent, the request that proposals for managing the CP&L Building
be solicited was overlooked.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
TRANSFER OF FUNDS - PUBLIC OFFICIAL LIABILITY POLICY
Mr. Hardy Wessell of the Wilmington-New Hanover Insurance Advisory Committee
appeared before the Board with regard to Public Official Liability Policies for the
County Commissioners and the Cape Fear Technical Institute Board of Trustees.
Comm. Alper moved, seconded by Comm. O'Shields, the following:
1) That the County purchase a Public Official Liability Policy to be for one
million dollars per occurrence and one million dollars aggregate in any
policy year, which would cover the County Comnissioners, all County
employees, and all boards and/or commissions ~ppointed and funded by the
County Commissioners; ,
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2) That $8,805 be transferred from Contingencies, Account #11 445 61, to
Insurance and Bonds, Account #11 660 54, in the Non-Departmental Section
of the Budget for the County's Public Official Liability Policy;
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3) That the purchase of a Public Official Liability Policy for the Cape
Fear Technical Institute Board of Trustees tO,be for one million dollars
per occurrence and one million dollars aggregate in anyone policy year
be approved which would cover the Cape Fear Technical Institute Board of
Trustees and all employees of Cape Fear Technical Institute;
4) That $1,240 be transferred from Utilities to Insurance in the Cape Fear
Technical Institute Budget for the Public Official Liability Policy for the
Cape Fear Technical Institute Board of Trustees. (This was rescinded 5/12/75
and funds transferred from another source. See page 196.)
Upon vote, motion carried unanimously.
APPROVAL OF BIDS FOR OLD FURNITURE
Finance Officer Felix Cooper presented a list of the bids received at the
auction of old furniture held on Saturday, May 3, 1975,' and recommended that the
bids be approved.
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Upon motion by Corom. Taylor, seconded by Comm. Wriqht, the bids as presented
were unanimously approved and the Finance Officer was authorized to release the
furniture to the high bidders. The list of bids receivl,~d is contained in Exhibit
Book III, Page 2.
APPROVAL OF PURCHASE OF TAX NOTICES
Finance Officer Felix Cooper presented a quote front Commercial Printing to
furnish the County's 1975 Tax Notices for a total of $2,085 and recommended that
these be purchased from Commercial Printing.
Upon motion by Corom. O'Shields, seconded by Comm. ~'aylor, Finance Officer
Felix Cooper was unanimously authorized to purchase the 1975 Tax Notices from
Commercial printing.
PROCLAMATION OF MAY AS OLDER AMERICANS MONTH
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the Board unanimously
agreed to proclaim Mayas OLDER AMERICANS MONTH at their meeting of May 19 and to
invite Mrs. Delli Asbury, Director of Services for the A~ing, to the meeting to receive
this proclamation.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Corom. O'Shields, that the meeting be recessed
to go into executive session to discuss land acquisition with the architect for the
proposed Jail/Law Enforcement Center. Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to executive session at 3:30 o'clock p.m.
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Chm. Davis reconvened the meeting at 3:50 o'clock p.m.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
DIRECTION TO COUNTY MANAGER RE RANEY PROPERTY
County Mgr. Eller presented ,the report of the Eoard of Appraisers
regard to the Raney Company, Inc., property. A copy of this report is
in Exhibit Book III, Page 3.
with
contained
Comm. O'Shields moved, seconded by Comm. Alper, that County Mgr. Eller advise
Mr. William A. Raney that the Board felt that $370,000 was excessive for the
purchase of his property and that the Board intended to take the matter under con-
.sideration and initiate plans to investigate the use of the Third and Market Street
site for the proposed Jail/Law E~forcement Center. Upon vote, motion carried
unanimously. .
SPECIAL MEETING CALLED FOR MAY l2, 1975
By common consent, the Board agreed to hold a special meeting at ll:OO o'clock
a.m. on Monday, May l2, 1975, to further discuss the location of the Jail/Law
Enforcement Center and other items that might be handled at that meeting.
COMM. ALPER LEAVES MEETING
Comm. Alper left the meeting at 4:05 o'clock pm. due to another engagement
and was absent for the remainder of the meeting.
DENIAL OF TRANSFERS OF FUNDS - SOCIAL SERVICES
Comm. Wright moved, seconded by Comm. O'Shields, that the following requests
for budget transfers from Miss Lela Moore Hall, Director of Social Services, be
denied in that the Commission had stipulated in their motion of April 21 that the
authorized trips to New Orleans were approved only if the money were available in
the Social Services Travel Budget.
l) A request that $524 be transferred from Acc~unt #ll 610 lO, In-County
Travel, to Account #11 610 14, Out-of-Town rravel.
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2) A request that $374.65, State's reimbursement, and $222.72, County's
reimbursement, for PWS Travel be transferrej to Account #11 610 14,
Out-of-Town Travel.
Upon vote, motion to deny these requests carriej as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright, and Chm. Davis.
Absent: Comm. Alper.
EXECUTIVE SESSION
Comm. Wright moved, seconded by ChIn. Davis, that the meeting be recessed to
go into executive session to discuss committee appointments and personnel. Upon
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright, a:nd Chm. Davis.
Absent: Comm. Alper.
Chm. Davis recessed the meeting to executive se::;sion at 4:10 o'clock.
Chm. Davis reconvened the meeting at 4:35 o'clot::k p.m.
AOOPTION OF AMENDMENT TO PRELIMINARY CONDEMNATION RE::>OLUTION - RANEY PROPERTY
ChIn. Davis moved, seconded by Comm. O'Shields, ':hat the resolution entitled
"Amendment to Preliminary Condemnation Resolution of the Board of Commissioners
New Hanover County" be adopted. Upon vote, motion carried as follows:
,.Of
Voting Aye:
Comm. O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Wright.
Absent: Comm. Alper.
A copy of this resolution is contained in Exhihlt Book III, Page 4.
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
APPOINTMENT OF C. G. BERRY TO ZONING BOARD OF ADJUSTMENT
Comm. Wright moved, seconded by Comm. O'Shields, that Mr. C. G. Berry be ap-
pointed to the New Hanover County Zoning Board of Adjus~nent as an alternate member
to fill the unexpired term of a member who had resigned, term to expire November 15,
1975. Upon vote, motion carried as follows:
Voting Aye: Carom. O'Shields, Taylor, Wright, and C\!ID. Davis.
Absent:
Comm. Alper.
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REAPPOINTMENT OF PAUL FOSTER TO RESOURCE, CONSERVATION AND DEVELOPMENT BOARD
Comm. wright moved, seconded by Comm. 0' Shields, tha,t Mr. Paul Foster be
reappointed to the Cape Fear Resource, Conservation and Development Board for a
two-year term to expire May 31, 1977. Upon vote, motion: carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright, and Chm. Davis.
Absent: Comm. Alper.
PRESENTATION OF LEAA GRANT APPLICATION - NEW HANOVER COUNTY LEGAL UNIT
County Mgr. Eller presented the application for the'LEAA Grant Application
entitled New Hanover County Legal Unit and requested tha1: the Commissioners review
the application before it was put on the agenda for approval in that they would be
agreeing to fund the Legal Unit after the expiration of t:he grant.
COUNTY MGR. TO APPROVE CHANGE ORDERS UP TO $200
County Mgr. Eller presented a change order for the Nental Health Building in
the amount of $136.
Comm. O'Shields moved, seconded by Chm. Davis, that county Mgr. Eller be
authorized to approve change orders up to $200 as long aE: they stayed within the
construction budget. Upon vote, motion carried as follo..,'s:
Voting Aye: Comm. O'Shields, Taylor, Wright, and C~m. Davis.
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Absent:
Comm. Alper.
APPROVAL OF ATTORNEY'S STATEMENT - TAXPAYERS ASSOCIATION VS. COUNTY
Comm. O'Shields moved, seconded by Comm. Taylor, that a statement from County
Attorney Fox with regard to the Taxpayers Association litigation in the amount of
$9,899.60 be approved for payment. Upon vote, motion carried as follows:
Voting Aye: Carom. O'Shields, Taylor, Wright, and Ch~. Davis.
Absent: Comm. Alper.
DEFERRAL OF DINNER AT COUNTY EXTENSION OFFICE
By common consent, the Board asked Mr. Durwood Baggett, County Extension Chair-
man, to defer a planned dinner at the county Extension Office until the fall due to .
the meetings of the Board of Equalization and Review and the Budget Hearings.
(Carom. Alper was absent.)
REGULAR MEETINGS IN JUNE OF 1975 SET FOR 11 O'CLOCK A. M.
Chm. Davis moved, seconded by Comm. O'Shields, that ',the regularly scheduled
meetings for the month of June, 1975, be scheduled for 11:00 o'clock a.m. following
the meetings of the Board of Equalization and Review. Upon vote, motion carried
as follows:
Voting Aye: Carom. O'Shields, Taylor, Wright, and Cron. Davis.
f)
Absent:
Carom. Alper.
The Commissioners also agreed, by common consent, to hold special meetings on
the second and fourth Mondays in June to reduce the amount: of business to be handled
at the regular meetings. (Carom. Alper was absent.)
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MINUTES OF REGULAR MEETING, MAY 5, 1975 (CONTINUED)
MOTION FOR COMPENSATION FOR BOARD, OF EQUALIZATION AND REVIEW
Comm. O'Shields moved, seconded by Comm. Taylor, that the Board of Equalization
and Review be compensated at the rate of $15 per day effective May 5, 1975, and that
$1,500 be transferred from Contingencies, Account #11 445 61, to Salaries and Wages,
Account #ll 410 02, in the Governing Body Budget for this purpose. Upon vote,
motion failed to pass by the following tie vote:
Voting Aye: Comm. O'Shields and Taylor.
,. Voting Noe: Comm. Wright and Chm. Davis.
Absent: Comm. Alper.
ADJOURNMENT
Comm. Taylor moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. 0' Shields', Taylor, Wright, and Chm. Davis.
Absent: Comm. Alper.
Chm. Davis adjourned the meeting at 4:50 o'clock p.m.
Respectfully submitted,
~'-'f~'-1-L
lMrs.) Lise K. King~
Clerk to th!~ Board
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.MINUTES OF SPECIAL MEETING, MAY 12, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on Monday,
May l2, 1975, at 11:00 o'clock a.m. in the Assembly Hoom, County Commission Building,
Wilmington, North Carolina, with regard to the follo,~ing: (1) Proclamation of May
as OLDER AMERICANS MONTH; (2) Adoption of a resolution assuring the adoption of a
schedule of fees and charges - 20l Plan; (3) Budget Amendment for Capital OUtlay _
Land Purchase; (4) Budget Transfer - Legal Departmeni:; (5) Budget Transfer - Public
Assistance; (6) Budget Transfer - Cape Fear Technical Institute; (7) Budget Transfers-
Inspections Departments; (8) Budget Transfer - Jail Budget; (9) Approval of Audit
Contract with Beale and Hardison, CPA's, for Tax Department; (ll) Discussion of
Jail/Law Enforcement Center; (12) Appointment to Soc:~al Services Board; and (13)
Compensation for members of the Board of Equalization and Review.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; vivian S. Wright; Chairman Peter R. Davis; County Manager,
Dan W. Eller; Attorney Joseph O. Taylor, Jr., and Attorney William R. Shell from
the County Attorney's office; and Clerk to the Board, Lise K. King. No members were
absent.
Chm. Davis called the meeting to order.
PROCLAMATION OF MAY AS OLDER AMERICANS MONTH
'. Upon motion by Comm. O'Shields, seconded by COronl. Taylor, the Board unanimously
adopted a resolution proclaiming the month of May, 1975, as Older Americans Month
in New Hanover County. A copy of this proclamation is contained in Exhibit Book III,
Page 5.
TABLING OF RESOLUTION RE SCHEDULE OF FEES AND CHARGEE - 201 PLAN
Comm. Wright moved, seconded by Comm. Taylor, that adoption of a resolution
assuring the adoption of a schedule of fees and charges with regard to the 20l Plan
be tabled until after the public hearing on the 201 flan to be held on May 19. Upon
vote, tabling motion carried unanimously.
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