1975-09-15 Regular Meeting
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MINUTES OF REGULAR MEETING, SEPTEMBER l5, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
September l5, 1975, at 11:20 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina. (The meetimJ was scheduled to begin at 11: 00
o'clock a. m. but was delayed due to the length of the meeting of the Board of
Equalization and Review.)
Members present were Commissioners Claud O'Shil~lds, 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. Comm. George E.
Alper was absent.
Chm. Davis called the meeting to order.
Comm. Taylor offered the invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, AUGUST 25, 1975
Comm. Wright stated that on Page 263 under Use of Old Jail as Detoxification
Center, she would like for the record to show that she only brought that up because
of a letter that had been written by Chm. Davis to the Southeastern Mental Health
Board suggesting that they begin making plans for the conversion of the Old Jail to
a Detoxification Center. She felt the letter was premature.
Comm. O'Shields moved, seconded by Comm. Wrighi:, that the minutes of the Special
Meeting of August 25, 1975, be approved as corrected. Upon vote, motion carried as
fo llows :
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 2, 1975
Corom. O'Shields moved, seconded by Comm. Wrighi:, that the minutes of the Regular
Meeting of September 2, 1975, be approved as presented. Upon vote, motion carried
as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright ~ld Chm. Davis
Absent: Corom. Alper
RECONSIDERATION OF SOLICITATIONS ORDINANCE
Mr. Eric Wise, Attorney for the Direct Selling Association, appeared before the
Board 'in opposition to the adoption of the Ordinance.
The Solicitations Ordinance was approved by a majority of the Commissioners at
their meeting of September 2, 1975. Since the votE! for approval was not unanimous,
it will be necessary that in order to adopt the Ordinance a second vote be taken.
Chm. Davis moved, seconded by Comm. Wright, that consideration of the Solicitations
Ordinance be tabled until February 1976, to have the County Manager and Sheriff's
Department document the complaints received between now and February; and to compare
the number of complaints the County has with the n\milier of complaints in the City of
Wilmington, where a Solicitations Ordinance is preHently in force. Upon vote, motion
carried as follows:
Voting Aye: Corom. Wright and Chm. Davis
Voting Noe: Comm. O'Shields and Taylor
Absent:
Corom. Alper
Chm. Davis amended his motion, seconded by Comm. Wl:ight, that consideration of the
Sol~citations Ordinance be tabled until the second meeting in January, 1976. Upon
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Wright and Chm. Davis
Voting Noe: Corom. Taylor
Absent: Comm. Alper
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MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1975 (CONTINUED)
APPROVAL OF USING MUSEUM PROPERTY FOR "HAUNTED HOUSE"
Mr. Gary Eyster appeared on behalf of the Museum to request approval for the Museum
to use the Livingston House for a Haunted House display from October 17 through the
31st. A 509 admission will be charged with the fUnds collected being used by the Museum
Foundation for improvements to the Museum.
Chm. Davis moved, seconded by Comm. O'Shields, that the Museum be given permission
to have the Haunted House display in the Livingston Hous~ from October l7-3l as
requested. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
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Absent:
Comm. Alper
DISCUSSION OF ARTIFICIAL REEF PROGRAM
Comm. Wright requested that the Commissioners consid~r terminating the tire binding
program at the County Garage Property due to the mosquitp problem caused by water
standing in the tires. She said that Dr. Knox had brought the problem to the attention
of the Board of Health at their meeting as he was concer~ed about encephalitis.
Mr. Willard Lane, who is in charge of the Artificial Reef Program, appeared be-
fore the Board and explained that by December the stockp~le of tires would be reduced
considerably. He also stated that he is having them spr?yed twice a day for mosquitos,
and he feels there is no more o~ a problem there than in'other parts of the County.
No action was taken by the Board until there is more evidence of need, and until
Dr. Knox requests action be taken.
PROGRESS REPORT ON THE JAIL/LAW ENFORCEMENT CENTER
Mr. Herbert P. McKim, Architect, appeared before the Board with a progress report
on the construction of the Jail/Law Enforcement Center. He reported that there were no
real problems other than a few complaints from neighbors of damage caused by the con-
struction. He did report, however, that there was some ~oncern over damage to the
Library. He also reported that construction was running approximately 10 days behind
schedule due to various delays.
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REPORT OF ENVIRONMENTAL IMPACT COMMI'ITEE
Mr. Herbert McKim, Chairman of the Environmental Impa.ct Committee, appeared be-
fore the Board to present the following reports from his Committee:
l) A report on the Storm Drainage Policy for New Hanover County, which the
commissioners had given to his Committee for study.
2) A Statement of Policy on the Development of New Hanover County, which is a
document prepared by his Committee to be used as a guide for the future growth and
development of New Hanover County.
3) A request that the Environmental Impact Committee be assigned the' task of
reviewing Environmental Impact Statements that are presented to the County for review
from time to time.
The Commissioners agreed to assign the Environmental Impact Committee the task of
reviewing the Environmental Impact Statements that are slilimitted to the County from time
to time from various agencies.
No action was taken by the Board on the the other ma1:ters. Copies of the reports
can be found in the Environmental Impact Committee File.
APPOINTMENT TO ENVIRONMENTAL IMPACT COMMITTEE
Comm. Wright moved, seconded by Comm. Taylor, that ~:. M. H. Vaughan be appointed
to fill the vacancy, created by the resignation of Mrs. Marty Stanfield, on the En-
vironmental Impact Committee with term ending June 30, 1976. Upon vote, motion carried
as follows:
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voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
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MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1975 (O)NTINUED)
APPROVAL OF BUDGET TRANSFER - HEALTH DEPARTMENT "
The Board of Health had requested that a full time physical Therapist be hired by
the Health Department in lieu of using the servic3s of a Physical Therapist from outside
the Department at a cost of $l2.00 per hour, as there are sufficient funds in the
Health Department Budget designated for Physical Therapy to cover this cost.
Corom. Wright moved, seconded by Corom. Taylor, to approve the request of the Board
of Health and the transfer of $9,047 from Acct. #44 590 62, Physical Therapy, to
Acct. #44 590 02, Salaries and Wages, to cover th\~ salary for the physical Therapist.
Upon vote, motion carried as follows:
Voting Aye: O'Shields, Taylor, Wright and Cron. Davis
Absent: Corom. Alper
AUTHORIZATION FOR COUNTY MANAGER TO LEASE COUNTY PROPERTY
County Manager Eller requested that he be authorized to lease County property for
terms of one year or less, in order to rent offices in the County Administration
Building and also to renew a present lease with the Cape Fear Lung Association.
Corom. O'Shields moved, seconded by Comm. Taylor, that the County Manager be given
authorization to rent or lease County property for terms of one year or less under
terms of G. S. l60A-272. Upon vote, motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
APPROVAL OF BUDGET TRANSFER - GOVERNING BODY
Corom. O'Shields moved, seconded by Comm. Taylor, approval of the transfer of
$6,635 from Contingencies, Acct. #11 445 61, to Governing Body, Salaries and Wages,
Acct. #11 410 02, in order to compensate the members of the Board of Equalization
and Review from July 1, 1975, through November l3" 1975.
Corom. Wright suggested that since the funds have been coming out of the Com-
missioners' regular salary account, in lieu of trcmsferring the funds, that it be
left as is and not have any regular payments made to the Commissioners the last
three or four months of the fiscal year since the work load will probably be lighter
at that time.
Upon vote,
Carom. 0' Shields motion carriec: as follows:
Voting Aye: Comm. O'Shields, Taylor and Chm. Davis
voting Noe: Conun. Wright
Absent: Corom. Alper
REPORT OF COLLECTOR OF REVENUE FOR THE MONTH OF AuGUST
Chm. Davis moved, seconded by Comm. O'Shields, to accept the Report of Collector
of Revenue, Janie B. Straughn, for the month of August, 1975. Upon vote, motion
carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Corom. Alper
A copy of this report is contained in Exhibit Book III, Page 28.
SETTLEMENT OF TAX COLLECTIONS FOR 1974
Corom. Wright moved, seconded by Comm. Taylor, that Mrs. Straughn's Settlement of
Tax Collections for 1974 be accepted and that she be commended on the work. Upon vote,
motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Corom. Alper
The Report on the Settlement of Tax Collections for 1974 is contained in
Exhibit Book III, Page 29.
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MINUTES OF REGULAR MEETING, SEPTEMBER 15, 1975 (CONTINUED)
REAPPOINTMENT OF JANIE B. STRAUGHN AS COLLECTOR OF REVENUE
Chm. Davis moved, seconded by Corom. O'Shields, that ~n light of the job done by
Mrs. Janie B. Straughn, she be reappointed as Collector qf Revenue. Upon vote, motion
carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Corom. Alper
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A copy of Mrs. Straughn's Oath of Office is contained in Exhibit Book III, Page 30.
CHARGE OF TAX COLLECTOR, JANIE B STRAUGHN, WITH 1975 TAX LEVY
Corom. Wright moved to not charge Mrs. Straughn with ~he 1975 Tax Levy until the tax
records are straight and in order. County Attorney Fox ~tated that according to the
Statutes, it was required to Charge the Tax Collector Wi\h the Tax Scrolls.
Motion died for lack of a second.
Chm. Davis moved, seconded by Comm. O'Shields, to ch~rge Mrs. Straughn with the
1975 Tax Scrolls. Upon vote, motion carried as follows: '
voting Aye: Comm. O'Shields, Taylor and Chm. Davis
Voting Noe: Corom. Wright
Absent: Comm. Alper
RIGHT OF ENTRY AGREEMENT WITH NATIONAL GUARD FOR PROPERTY AT AIRPORT
Comm. Wright moved, seconded by Chm. Davis, that the Chairman be authorized to sign
the Right of Entry Agreement with the National Guard for their property at the Airport.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
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Absent: Comm. Alper
A copy of this Agreement is contained in Exhibit Book III, Page 31.
AGREEMENT WITH FIRST BAPTIST CHURCH CONCERNING TIEBACKS F'OR LAW ENFORCEMENT CENTER
Chm. Davis moved, seconded by Comm. O'Shields, that the Chairman be authorized to
execute an Agreement with First Baptist Church accepting full responsibility in
connection with installation of tiebacks for the Jail/La~ Enforcement Center being
constructed. Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Corom. Alper
A copy of this Agreement is contained in Exhibit Book III, Page 32.
AGREEMENT WITH NEW HANOVER MEMORIAL HOSPITAL AND BOARD OF' EDUCATION CONCERNING OSHA
COMPLIANCE
County Manager Eller presented Agreements with New Hanover Memorial Hospital and
with the Board of Education that they would be responsible for their own OSHA Compli-
ance Program. He reported that as it is now, since the County owns the properties,
the Department of Labor is actually looking to us to see that they comply, and we have
been advised that if the County has this Agreement then the County will be relieved
of their OSHA Compliance.
Chm. Davis moved, seconded by Corom. O'Shields, to accept the Agreement as pre-
sented by County Manager Eller and authorize the Chairmar., to execute the Agreement.
Upon vote, motion carried as follows:
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Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis.
Absent: Comm. Alper
A copy of this Agreement is contained in Exhibit Book III, Page 33.
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MINUTES OF REGULAR MEETING, SEPTEMBER l5, 1975 (Ca~TINUED)
EXECUTIVE SESSION i!
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Corom. O'Shields moved, seconded by Corom. Taylor, that the meeting be recessed
to Executive Session to discuss Committee Appointm~nts. Upon vote, motion
carried as follows:
Voting Aye: Corom. 0' Shields, Taylor, Wright a:ld ChIn. Davis
Absent: Comm. Alper
Chm. Davis recessed the meeting to Executive SI:!ssion at 12: 25 0' clock p. m.
Chm. Davis reconvened the meeting to Public Se:3sion at 12:35 o'clock p. m.
APPOINTMENT OF MEMBER TO NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES
Comm. Wright moved, seconded by Chm. Davis, that upon her acceptance, Mrs. Kleist
Wideman Rhodes ~e appointed to the New Hanover Memorial Hospital Board of Trustees
to fill the unexpired term of Mr. A. A. Johnston until September 30, 1977. Upon
vote, motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Corom. Alper
APPOINTMENT OF MEMBER TO JURY COMMISSION
Comm. Wright moved, seconded by Chm. Davis, that upon his acceptance, Mr. Thomas
Wood Burris be reappointed to another two-year terDl on the Jury Commission. Upon
vote, motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
ADJOURNMENT
Comm. O'Shields moved, seconded by Comm. Taylor, that the meeting be adjourned.
Upon vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
ChIn. Davis adjourned the meeting at 12:35 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 22, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in Special Session on Monday,
September 22, 1975, at ll:30 o'clock a. m. in the Assembly Room. County Commission
Building, Wilmington, North Carolina. (The meeting was scheduled to begin at ll:OO
o'clock a. m. but was delayed due to the length of the Board of Equalization and
Review meeting.)
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.
ChIn. Davis called the meeting to Order
Comm. Alper offered the invocation.
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