1975-09-02 Regular Meeting
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MINUTES OF SPECIAL MEETING, AUGUST 25, 1975 (CONTINUED)
APPOINTMENT TO ZONING BOARD OF ADJUSTMENT
By common consent the Board agreed to table the appointment to the Zoning Board
of Adjustment until the meeting of September 2, 1975.
AUTHORIZATION TO EXECUTE CONTRACT FOR EMERGENCY JOBS PROGRAM
County Manager Eller requested authorization for the County Manager or the Chairman
to sign the contract in the amount of $559,673 for the extension of the Emergency
Jobs Program through June 30, 1976.
Chrn. Davis moved, seconded by Comm. Alper, that thE! Chairman be authorized
to execute the contract for the extension of the Emergency Jobs Program through
June 30, 1976. Upon vote, motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis.
Absent: Comm. Taylor
APPROVAL OF CONTRACT AND GRANT AWARD FOR LEAA ID GRANT
County Manager Eller reported that the contract and grant award on the LEAA Grant
for the Sheriff's Department for the ID Grant had been ~eceived and was a little
less than what was budgeted. The federal share is $3,8~6, the State share is $215
and the Local share is $216. The Sheriff has reviewed if and recommended its ap-
proval and the County Manager has reviewed it and would:recommend its approval
even through it was less than the amount anticipated at budget time. The Local
share will have to be increased to make up the difference in the amounts.
Chm. Davis moved, seconded by Comm. Alper, that th~ Contract be accepted and
that the Chairman be authorized to execute the Contract: Upon vote, motion carried
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as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent:
Comm. Taylor
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ADJOURNMENT
Comm. Alper moved, seconded by Comm. 0' Shields, tha,t the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Ch~. Davis
Absent: Comm. Taylor
Chrn. Davis adjourned the meeting at 11:45 o'clock a. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Tuesday,
September 2, 1975, at 9:00 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. Davis; County Manager Dan W.
Eller; County Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
Rev. Marion Powell of pine Valley Baptist Church offered the invocation.
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1975 (CONTINUED)
APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 14, 1975
Upon motion by Comm. Wright,_ seconded by Comm. O'Shields, the minutes of the
Special Meeting of August 14, 1975, were unanimously approved as presented.
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APPROVAL OF MINUTES: REGULAR MEETING, AUGUST 18, 1975
Corom. Taylor moved, seconded by Comm. O'Shields, that the
Regular Meeting of August 18, 1975, be approved as presented.
carried as follows:
minutes of the
Upon vote, motion
Voting Aye: Comm. Alper, O'Shields, Taylor and Chrn. Davis
Abstaining: Comm. Wright
Cornm. Wright abstained from voting on the approval of the minutes of the
Regular Meeting of August 18, 1975, as she was not present at the meeting.
Cornm. Wright stated for the record that on Page 255, under the WIC Program
Approval, she would have voted Noe had she been pres;ent because she voted Hoe
on it at the Board of Health meeting as the committee that investigated it said
we did not need it because the people that were on it were already covered with
another program. She also stated that on the follmring page 256, she would have
voted Noe on the Approval of the Value Changes Since July 16, 1975, due to in-
sufficient information.
AWARD OF CONTRACTS - LEGION STADIUM
Bids for the renovation and additions to Legion Stadium were opened on August 7,
1975.
A copy of the bid tabulations is contained in Exhibit Book III, Page 23.
Chrn. Davis moved, seconded by Comm. O'Shields, that the Contract for plumbing
work be awarded to Goodyear Plumbing Company of Wilr1ington in the amount of $36,081,
the electrical contract be awarded to E1ectrotek of Fayetteville in the amount of
$19,096.40; and also approval of the architect's fees in the amount of $12,800, and
to reject bids for the general contract work for a revised project to be advertised.
Upon vote, motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - EMERGENCY JOBS PROGRAM
It was agreed by common consent that County Manager, Eller, would write a letter
to each of the Emergency Jobs Program employees, reiterating the fact that their
positions were temporary and that the program had been extended through June 30,
1976.
Cornm. O'Shie1ds moved, seconded by Comm. Alper, that in order to properly ac-
count for the additional funds recently granted to 'the County for the Emergency Jobs
Program, the Commissioners approve amending the bud'Jet by appropriating the sum of
$559,673 as Revenue, Acct. #11 350 15, Emergency Jobs Program, and by appropriating
the same amount as an Expenditure in the Non-Departmental Section of the budget,
Acct. #11 660 64. Upon vote, the motion carried un~nimously.
APPROVAL OF 1975 PROPERTY VALUE CHANGES
Tax Administrator, Larry Powell, had furnished the Commissioners with a list of
various changes in values which must be approved by the County Commissioners rather
that the Board of Equalization and Review, because:Jf the nature of the changes.
The first list contained errors in the dimensions of the various parcels. The
majority of these taxpayers were aware of the change as they brought the errors
to the attention of the Tax Department. The second list contained changes due to
addition errors by CLT clerical staff and County staff. The third list contained
appraisal errors in which the taxpayer needed to be advised of the change. The
fourth list contained parcels in which the value was increased due to corner in-
fluence. In the CLT computer program an error was made and entered as a minus factor
instead of a plus.
Comm. O'Shields moved, seconded by Comm. Alper, that the value changes submitted
by Tax Administrator Larry Powell in his letter of August 25, 1975, be approved.
Upon vote, motion carried as follows:
voting Aye: Comm. Alper, O'Shields, Taylor and Chro. Davis
Voting Noe: Comm. Wright
This listing is contained in Exhibit Book III, Page 24.
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1975 (CONTINUEr)
APPROVAL OF RIGHT-OF-WAY FOR THE CITY OF WILMINGTON
Comm. Alper moved, seconded by Cornm. Wright, that the Chairman be authorized to
execute a Right-of-Way Agreement for the City of Wilmington to install two meter
boxes on two 8-inch lines serving New Hanover Memorial vospital. Upon vote, motion
carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL UHE PERMIT TO USE
PROPERTY ON THE WEST SIDE OF U. S. HIGHWAY 421 BETWEEN ~,j. R. 1394 AND SECOND STREET
FOR A SCRAP PROCESSOR IN ZONING AREA #7.
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Chro. Davis opened the Public Hearing to discussion.
Chrn. Davis moved, seconded by Comm. O'Shields, that: Cornm. Alper be allowed to
abstain from voting on this matter. Upon vote, motion carried unanimously.
Planning Director,
considered this request
this Special Use Permit
Richard A. Fender, stated that t,he Planning Commission had
at their meeting of August 6, 1975, and had recommended that
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be issued based on the plan as submitted with the application.
Chrn. Davis asked if there was anyone present to speak for or against this Special
Use Permit, and no one appeared before the Board in thi~ regard.
After the Commission had considered the following four items and found them to be
a fact, (a) that the use would not materially endanger \he 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 'withfue plan of development
for New Hanover County, Chm. Davis moved, seconded by Comrn. Taylor, that this Special
Use Permit be issued based on the Plan as submitted with the application for Special
Use Permit. Upon vote motion carried as follows:
Voting Aye: Cornrn. O'Shields, Taylor and Chrn. Davis
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voting Noe: Comm. Wright
Abstaining: Cornm. Alper
PUBLIC HEARING TO CONSIDER A PETITION FOR UNZONED PROPER'rY LOCATED AT THE SOUTHEAST
CORNER OF BLUE CLAY ROAD AND NORTH KERR AVENUE NORTH OF '['HE NEW HANOVER COUNTY AIR-
PORT: PROPOSED ADDITION TO ZONING AREA #8B, ZONING CLAS:nFICATION 1-2 (INDUSTRIAL
DISTRICT) .
The Planning Commission had considered this request at their meeting of August 6,
1975, and had recommended that this request be approved.
Mr. James E. L. Wade and Mr. Ed Smith appeared before the Board on behalf of the
petitioners.
Chrn. David asked if there was anyone present to oppose this petition and no
one spoke in opposition.
Cornrn. Alper moved, seconded by Comm. Taylor, that this request be approved
and that the Ordinance entitled "An Ordinance of the County of New Hanover amending
the Zoning Map of Zoning Area #8B of New Hanover County, North Carolina, Adopted
June 19, 1972" be adopted. Upon vote, motion carried uncmimously.
A copy of the ordinance, as adopted and signed, is contained in Zoning Ordinance
Book I, Section 8B, Page 8.
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RECONSIDERATION OF SOLICITATIONS ORDINANCE
Mr. Eric Wise, representing the Direct Selling Association, which is a national
trade association located in Washington, DC, comprised of membership of 100 different
companies who are the leading manufacturers or distributors of products sold door
to door, appeared in opposition to the proposed Solicitations Ordinance.
Mrs. Gladys Outlaw, a representative of Stanley Home Products, appeared before
the Board in opposition to the proposed Solicitations Ordinance.
A letter of opposition to the Ordinance was received from Mr. W. Daniel Renn,
President and Sales Manager of Renn Enterprises, Ltd. Telegrams of opposition were
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1975 (CONTINUED)
RECONSIDERATION OF SOLICITATIONS ORDINANCE (CONTINUED)
received from Peter B. Menke, Asst. to the President of the Kirby Company and
James K. His1er, Secretary,Bestline Products, Inc.
Comm. Taylor moved, seconded by Comm. Alper, the adoption of "An Ordinance
Regulating the Business Activities of Itinerant Merchants, Salesmen, Promoters,
Drummers, Peddlers and Hawkers within New Hanover County" as presented. Upon
vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Taylor
Voting Noe: Comm. Wright and Chm. Davis
Since the decision was not unanimous, the Ordinance must be put on the
agenda to be voted on again in two weeks. County A'ttorney Fox and Mr. Eric Wise
will confer to try to change the wording in the first paragraph Definition of
Term.
TABLING OF FINAL PLAT APPROVAL - PRINCE GEORGE ESTATES
Mr. Jack Stocks, Mr. Harry Oakes of the Planning Department and County Engineer,
Robert M. Williams appeared before the Board to ask conditional final plat approval
for Prince George Estates. The Subdivision Review Committee, at their meeting of
August 25, 1975, granted a conditional final approval of this plat subject to recom-
mendation from the County Engineer. Mr. Williams read a copy of the letter he in-
tends to send to the Subdivision Review Committee recommending approval of the
plat, which recommendation could not be made in advance of the August 25 meeting.
Comm. O'Shields moved, seconded by Comm. Taylor, to table approval until cor-
rections are made in the plat and the Subdivision Review Committee gives final
approval of the plat. Upon vote, motion carried unimimously.
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Taylor, that the meeting be recessed
to executive session to discuss Airport Lease Agreailent and Committee Appointments.
Upon vote, motion carried unanimously.
Chrn. Davis recessed the meeting to executive sE!ssion at 11: 20 a. m.
Chm. Davis reconvened the meeting at 12:00 o'clock noon.
USE OF OLD JAIL AS DETOXIFICATION CENTER
Mrs. Wright brought up the fact that the Board had never taken any definite
action on using the old jail as a detoxification center and suggested that this
should be done before the Southeastern Mental Health Board began making plans to
do so. (See page 267 for addition.)
Chrn. Davis moved, seconded by Comm. O'Shields, that the Southeastern Mental
Health Center investigate the use of the old jail as: a detoxification center. Upon
vote, the motion carried unanimously.
POSSIBLE PURCHASE OF WILMINGTON HILTON
Chrn. Davis stated that he had been approached by several people about the pos-
sibility of the County's purchasing the Wilmington Hilton for use as a Courthouse or
some other public use. Chrn. Davis appointed a committe of Comm. Taylor and Comm.
O'Shields to investigate the feasibility of such purchase.
Comm. Wright moved, seconded by Cornm. Alper, to override Chm. Davis' appointment
of committee to look into the matter of purchasing the Wilmington Hilton. Upon vote,
motion carried as follows:
Voting Aye: Comm. Alper, Taylor and Wright
Voting Noe: Comm. O'Shie1ds and Chm. Davis
NO DESTRUCTIVE WAKE SIGNS
Chm. Davis suggested the possibility of having NO DESTRUCTIVE WAKE signs in
area waters.
No action was taken by the Board on this matter.
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MINUTES OF REGULAR MEETING, SEPTEMBER 2, 1975 (CONTINUED)
APPROVAL OF INCREASE IN COMPENSATION FOR MEMBERS OF BOARD OF EQUALIZATION & REVIEW
Comm. O'Shields moved, seconded by Comm. Taylor, that the compensation for mem-
bers of the Board of Equalization & Review be increased from $15 to $25 per meeting
effective September 2, 1975, until the end of the session. Upon vote, motion carried
as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chrn. Davis
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Voting Noe: Comm. Wright
Chrn. Davis stated for the record that he was reluctantly voting "aye" because
he felt that if he were going to accept the check it would be hypocritical to vote
"noe" and accept the check.
REQUEST OF TAX SUPERVISOR, LARRY POWELL, TO BE EXCUSED FRJM BOARD OF E & R MEETING
County Manager Eller reported that Tax Supervisor, :Larry Powell, had requested
that, due to problems in CLT computer conversion, he would like permission to have
Mr. Raymond Blake sit in on the Board of Equalization an~ Review meeting of September 2,
1975, so he could work in the Tax Office on getting the tax bills ready to be mailed.
By common consent the Board agreed that if Mr. Blake felt up to it they would be
agreeable to have him substitute for Mr. Powell.
ADDITION OF TRIANGULAR PORTION IN BLAIR PARK
County Manager Eller stated that when the Lease Agreement with the Board of Edu-
cation for the use of property adjacent to Blair School for a park was executed, the
legal description did not include a triangular piece of property to be used for the
tennis courts. The School Board attorney, William Hill,; had prepared an Amendment to
the Lease Agreement to include that area.
Chm. Davis moved, seconded by Comm. O'Shields,that ~he Chairman be authorized
to sign this Amendment to the Lease Agreement. Upon vote, motion carried
unanimously.
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RENEWAL CONTRACT FOR POLICE INFORMATION NETWORK - SHERIFF'S DEPARTMENT
County Manager Eller stated that the Sheriff's Depaftment had been notified
by the State that the rent on their PIN machine is going'up from a monthly rental
of $153.50 to $175. Mr. Eller recommended that the Chairman be authorized to sign
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the Renewal Contract Agreement which will be effective J~nuary 1, 1976.
Comm. O'Shields moved, seconded by Comm. Taylor, that the Chairman be authorized
to sign the Renewal Agreement for the Police Information'Network for the Sheriff's
Department for one year and that the budget be amended by transferring the sum of
of $l29 from Salaries to Equipment Rent to make up for tile difference in the monthly
rent. Upon vote, motion carried unanimously.
A copy of this Resolution is in Exhibit Book III, Page 25.
APPROVAL OF BUDGET TRANSFER FOR BURGLAR ALARM - MUSEUM
County Manager Eller reported that the Board of Trus:tees of the Museum and the
Crime Prevention Officers of the Police Department felt t:hat a motion detection alarm
system should be installed in the Museum. This type of s:ystem has been recommended
by the Loss Control Engineer for the Insurance Company c,nd the Police Department.
Comm. Alper moved, seconded by Comm. O'Shields, that': the Board approve the trans-
fer of $750 from Contingencies, Acct. #11 445 6l,to EquiIrnent, Acct. #11 625 74, sub-
ject to the City's approving the additional $750,in order to purchase the motion
detection alarm system for the Museum. Upon vote, motio~ carried unanimously.
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RALEIGH NEWS AND OBSERVER COMMENT
Chm. Davis wanted it stated officially in the record,. that the Raleigh News &
Observer, in an investigative article, showed that the Ne~ Hanover County Jail was
one of the five properly run and well run jails in Eastern North Carolina.
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MINUTES OF REGULAR MEETING, SEP;t'EMBER 2, 1975 (CON'rINUED)
ADJOURNMENT
Comm. O'Shields moved, sedonded by Chm. Davis, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at 12:25 o'clock p. m.
Respectfully Submitted,
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(Mrs.> Alyce B. Brown
Clerk to the Board
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MINUTES OF SPECIAL MEETING, SEPTEMBER 8, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
September 8, 1975, at 11:00 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina.
Members present were Commissioners George E. l!.lper; Claud O'Shie1ds, Jr.;
William C. Taylor; Vivian S. Wright'; Chairman Pete:r R. Davis; County Manager Dan W.
Eller; and Clerk to the Board, Alyce B. Brown. County Attorney, James C. Fox,
was absent.
Chrn. Davis called the meeting to order.
AGREEMENT WITH THE CITY OF WILMINGTON - JAIL/LAW ENFORCEMENT CENTER
County Manager Eller presented a revised Agreement with the City of Wilmington
to repair public facilities damaged during the construction of the Jail/Law Enforce-
ment Center.
Chm. Davis moved, seconded by Comrn. Alper, that the Agreement be accepted and
the Chairman be authorized to sign said Agreement with the City of Wilmington. Upon
vote, motion carried as follows:
Voting Aye: Comrn. Alper, O'Shields, Taylor and Chrn. Davis
Voting Noe: Comm. Wright
A copy of this Agreement is contained in Exhibit Book III, Page 26.
ADOPTION OF RESOLUTION AND APPLICATION FOR STATE CLEAN WATER BOND FUNDS
County Manager Eller presented a Resolution and Application for State Clean Water
Bond Funds in the amount of $3,750 for the preparation of a 201 Facilities Plan for
the Carolina/Kure Beach Planning Area.
Comrn. Alper moved, seconded by Comrn. O'Shields, to adopt the Resolution and
authorize the Chairman to sign the Application for State Clean Water Bond Funds for
the preparation of 201 Facilities Plan for the Carolina/Kure Beach Planning Area.
Upon vote, motion carried unanimously.
A copy of the Resolution is contained in Exhibit Book III, Page 27.
TABLING OF CHILD SUPPORT ENFORCEMENT PROGRAM
County Manager Eller presented to the Board information concerning the Title IV-D,
Child Support Enforcement progiam. This program pr':Jvides funds to hire additional
personnel to help track 'down parents who are responsible for child support, and not
paying said support, leaving the remaining parent dcawing AFDC payments. The program
is 75% Federally funded with the remaining 25% bein'J funded by the State and County.
The Conunissioners are to determine which County Age::lcy should be designated to im-
plement the Program.
Conun. Alper moved, seconded by Comrn. Wright, that this program be tabled until
more information is obtained and it is determined ~lat portion of the remaining 25%
is to be funded by the County. Upon vote, motion carried unanimously.
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