1975-11-10 Special Meeting
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MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1975
ASSEMBLY:
The New Hanover County Board of Commissioners met in Special Session on Monday,
November 10, 1975, at 11:25 o'clock a. m. in the A:::;sembly Room, County Commission
Building, Wilmington, North Carolina. (The meetin':J 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 George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W.
Eller; County Attorney, Jame!'; C. Fox; and Clerk to die Board,Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
REAUTHORIZATION OF LEAA PROGRAM
This matter had been tabled at the meeting of November 3, in order for the
Sheriff to be present to comment on the program. 'rhe Commissioners had been requested
to adopt a Resolution supported by the National ASBociation of Counties urging Congress
to continue the LEAA Program.
Sheriff H. G. Grohman a.ppeared before the Boal:d to express his views on the matter.
He stated that he was not opposed to the continuance of the LEAA Program as such, but
he thought that the Commissioners should know that the Law Enforcement Officers of
this region felt the Governor's Commission on IJaw and Order had not really put
out the money to fight crime on the streets as the act was intended. It was found
that a lot of money was being retained by the State for study that could be used to
better advantage in law enforcement.
Mr. Hugh Perry of'Wrightsville Beach appeared before the Board and stated that
the people of Wrightsville Beach were in agreement with the way Sheriff Grohman felt.
Chm. Davis moved, seconded by Corom. Taylor, to adopt the following Resolution
endorsed by the National Association of Counties:
RESOLUTION
State and federal guidelines, rules, and plan!': have made the Safe Streets
Act increasingly take on the character of a cCltegorical grant program.
The limitations are making it increasingly difficult for local governments
to utilize Safe Streets Act funds to plan and implement local crime control
programs.
Therefore, the Na1:ional Association of Counties believes that the following
principies should be in~orporeted into the continuing efforts of the federal
government to assist st3.tes and units of local government in reducing crime
and improving their criminal justice system.
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--The federal government shall continue to assist states and units of local
government in rE~ducing crime and improving criminal justice.
--Block grants shall be extended through the states to cities and counties to
allow these units of government, which have primary functional responsibility
for the criminal justice system, to plan, allocate funds, and carry out a
comprehensive program to reduce crime and improve the criminal justice
system.
--Elected local officials shall comprise a majority of state as well as
regional planning boards:
(a) state boards shall be at least 51 per cent elected local
officials with at least 51 per cent of these being executive
and legislative officials representing general units of local
government.
(b) regional toards shall be a majority of execntive and legisla-
tive officials representing general units of local government.
--Legislative provisions of the Safe Streets A~t which focus funds on specific
categorical subject areas or programs shall be reduced or repealed and the
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MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1975 (CONTINUED)
REAUTHORIZATION OF LEAA PROGRAM (CONTINUED)
monies allocated for these purposes added to thebfock grants to states and
units of local government.
Upon vote, the adoption of the Resolution carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
voting Noe: Comm. Wright
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Comm. O'Shields moved, seconded by Comm. Wright, that the Board send a letter to
the Governor's Committee and thank them for what had been received and asked that in
future funding they look more closely into channeling more funds down to the County and
Municipal levels for the prevention of crime in the streets. Upon vote, motion carried
unanimously.
TABLING OF PROPOSAL FOR PHYSICIAN'S ASSISTANT FOR THE Jp'.IL
County Manager Eller explained to the Board the liqbility aspects of this type of
program. He stated that a para-medic would not be eligj'.ble for professional liability
coverage and the County would be in a very unfavorable position should there be a suit
or claim due to some act by a non-professional person t{eating prisoners. He suggested
that since Dr. Gottovi was under contract to the County:to care for the prisoners, that
Dr. Gottovi employ someone for this purpose and assume t;he liability for the actions of
this person, pay the salary and then bill the County for Professional Services.
Comm. Wright moved, seconded by Comm. Alper, to discuss the suggested proposal
with Dr. Gottovi and present it to the Board again next:Monday. Upon vote, motion car-
ried unanimously.
APPROVAL OF AM RADIOS FOR SHERIFF'S DEPARTMENT CARS
Sheriff Grohman appeared before the Board to reque~t that AM radios be installed
in the new cars ordered for the Sheriff's Department. He felt that it would be good
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for the morale of the deputies. They had purchased their own radios for the old cars
and now the radios would have to be sold with the cars. .
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Comm. Alper moved, seconded by Comm. Taylor, that the Sheriff be authorized to
purchase radios for the new Sheriff's Department vehicl~s. Upon vote, motion car-
ried unanimously.
REQUEST OF SOCIAL SERVICES BOARD FOR AUTHORITY TO SIGN TITLE XX CONTRACTS
Mr. Frank Ballard, Chairman of the Board of Social Services, appeared before the
Board to request that the Commissioners authorize someone from the Board of Social
Services to sign Title XX Contracts since the Social Services Board had the responsi-
bility of reviewing and monitoring the Contracts. It was felt that the Chairman
of the Board of Social Services would be the logical person to be authorized.
Mr. Fox, the County Attorney, stated that even though the Board could authorize
someone else to sign the Contracts, they could not delegate the decision-making power
to someone else as to whether or not a Contract should be executed for the County,
and the Board of Commissioners would still have to review the Contracts and make the
decision as to whether or not the Contract should be signed before anyone could actually
sign it.
After further discussion, it was felt that since the Board of County Coromissioners
would still have to review the Contracts and make the decision as to whether or not
they should be signed, then it would be just as convenient for the Chairman or County
Manager to sign and it could be included in the motion of approval as to who would
be authorized to sign. The Board of Social Services would be expected to make recom-
emdations to the County Commissioners since they would a~tually administer the Contracts. ~._._\..l
No action was taken by the Board of Commissioners on this matter. j
TABLING OF AWARD OF CONTRACT FOR LANEY AND TRASK SCHOOLS SEWER LINE
County Engineer, Robert M. Williams, appeared beforl~ the Board and reported that
on October 16, 1975, bids were received for the installa:ion of the sanitary sewer
line designed by Henry von Oesen & Associates to connect the Trask-Laney School Complex
to the City of Wilmington sanitary sewer system. The a~)arent low bid on the contract
exceeded the funds budgeted for the proj ect by approxima":ely $29,000. After discussions
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MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1975 (CONTINUED)
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TABLING OF AWARD OF CONTRACT FOR 'LANEY AND TRASK SCHJOLS SEWER LINE (CONTINUED)
with representatives from the city of Wilmington, th2 engineering firm and the School
Board, it was recommended that the following alternatives should be considered:
1. Locate the additional funds necessary to add to the budgeted funds
available and award the contracts to the low bidders as recommended
by the engineers in their October 21, 1975, letter.
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2. Delete the lower portion of the gravity line from the spot where it
leaves the Kerr Avenue right-of-way and extends through the swamp
lands which are privately owned all the way to the pumping station
location on the original design. Install a new pumping station on
property now owned by the County adjacent t~ Kerr Avenue and pump
through a force main all the way to the existing city system.
Preliminary estimates indicate that the construction cost savings
resulting from this alternate would be in excess of $53,000. In
addition, the budgeted amount of $9,600 for acquisition of easements
and other properties would not be spent to accomplish the project.
3. Construct the line as designed except delete the upper part of the
gravity line from the point where it leaves Kerr Av'enue right-of-way
and pump all the way from the school complex to that point. This
alternate would result in an estimated savings of $55,000. A modi-
fication of this plan could be to delete gravity line and substitute
force main on the upper end in sufficient quantities to save $29,000.
4. Delete all of the gravity line and provide a force main system pumping
all the way from the'school complex to the point where the line would
tie into the city system. No estimate for this alternative is avail-
able at this time.
Col. Paul S. Denison and Mr. Carl Farmer of Henry von Oesen & Associates, appeared
before the Board to make recommendations and explain the advantages and disadvantages
eOf each alternative. Theystated that the bid offered for the first alternative was
$315,186, which was approximately $29,000 more than the budgeted amount. Alternative
#2 would offer a cost reduction to $229,602 and would necessitate rebidding of the
project. The cost for a.lternative #3 would be $267,000. Alternative .;t4 would be
the least costly, but would have to be completely abandoned in the future when a
countywide system is constructed.
Chm. Davis moved, seconded by Comm. O'Shields, that this item be tabled until
next Monday and that the County Manager and the County Engineer work with the property
owners involved toward getting the necessary easements and also meet with representatives
of the city of Wilmington to see if they would accept a system that was different from
the first alternative, a.nd report to the Commissioners next Monday. Upon vote, motion
carried unanimously.
APPROVAL OF RESOLUTION' OF WRIGHTSVILLE BEACH TO EXERCISE ZONING POWERS, SUBDIVISION
ORDINANCES AND BUILDING CODE.
Mr. Hugh Perry of Wrightsville Beach, appeared before the Board to request approval
of Resolution adopted by the Town of Wrightsville Beach to exercise zoning powers,
subdivision ordinances, and building code within the one-iaile extraterritorial juris-
diction north of Wrightsville Beach corporate limits. He stated that the owners of the
property were in full agreement with the plan.
Upon motion by Chm. Davis, seconded by Comm. Alper, the request to approve the
following resolution adopted by the Town of Wrightsville Beach was unanimously approved:
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RESOLUTION
Be it resolved by the Board of Alderman of the Town of Wrightsville Beach that:
Notice is hereby given to the Board of Commissioners of the County of
New Hanover that the Town of Wrightsville Beach, through its Board of Alder-
men intends to and will, in accordance with the powers granted by the North
Carolina General Statutes, exercise those zoning powers, subdivision ordinances,
and building code as they, are now exercised within its corporate limits, and
as they may be from time to time amended bycppropriate actions of the Governing
Board of the Town of Wrightsville Beach, in that area described as follows:
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MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1975 (CONTINUED)
APPROVAL OF RESOLUTION OF WRIGHTSVILLE BEACH (CONTINUED)
That area lying and being bounded on the Southwest by Masonboro
Inlet and Shinn Creek to the center of the Intracoastal Waterway;
on the west by the Intracoastal Waterway and northwardly with the
centerline of the Intracoastal Waterway to a point that is at
least but no further than one mile from a point of the corporate
limits of the Town of Wrightsville Beach that would allow for
farthest extension of the aforesaid boundary 'of the centerline of
the Intracoastal Waterway extended in a northerly direction from its
intersection with Shinn Creek; thence from that point to the Atlantic
Ocean along a line that is determined by running a distance of one
mile from the nearest point to be reached of the corporate limits
of the Town of Wrightsville Beach; then southwardly with the mean
high water mark of the Atlantic Ocean to the corporate limits of the
Town of Wrightsville Beach.
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And the Board of County Commissioners is further notified that the develop-
able land in the above-described area is to be zoned R-l, and the remainder
"conservation", and that in accordance with North Carolina General Statute
160A-362, that if within 90 days of receipt of this Resolution it shall have
failed to appoint the required number of persons from the territory affected
(no residents there, undeveloped) to the Planning Board of the Town of
Wrightsville Beach, then such appointment/appointments shall be made as
provided by N. C. G. S. 160A-362; that is, by the Board of Alderman of the
Town of Wrightsville Beach.
Done this 23rd day of October, 1975.
Attest:
s/ H. H. Perry, Jr.
s/ Robert W. Sawyer
Robert W. Sawyer
Mayor
DISCUSSION OF ROADS IN HILLSDALE SUBDIVISION
Mr. Edward Sloan appeared before the Board and stated that it had been one month
since he had appeared before the Board and was told at that time that the attorney
would prepare a petition for him to get signed by residents and property owners in
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Hillsdale Subdivision in order for the County to financ'2 paving of Charter Drive and
assess the property owners for the funds advanced. He pad not yet received the petition
and felt that enough time' had elapsed and questioned th~ delay.
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County Manager Eller reported that the petition ha~ been prepared but information
from the Highway Department that was needed to complete it had not been received.
Mr. John Maye appeared before the Board and stated that other than the road
situation, they had a very serious drainage problem in that area and he had not been
able to get any satisfaction from the Health Department. He requested assistance in
this regard also.
It was agreed that the County Engineer would meet with the residents of Hillsdale
and Dixon Acres to discuss these problems and how the CiJunty can assist them.
DISCUSSION OF PIEDMONT AIRLINES CONTRACT
Chm. Davis appointed Comm. Alper and Comm. Taylor as a committee to meet with
representatives from Piedmont Airlines to attempt to reach an agreement with them as
the Airport Commission had not been successful in negotiations with Piedmont.
Comm. Wright stated that she felt since the Airport Commission had been negotiating
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with piedmont and knew all the details that they should'continue negotiating in an ~I
attempt to reach an agreement instead of appointing a committee who was not familiar )
with all the details. Comm. Alper and Taylor concurred'in this feeling that the Airport
Commission should continue in an effort to reach an agreement.
Chm. Davis then directed the County Manager to contact the Airport Commission and
inform them that they should meet again with piedmont representatives to try to come to
an agreement. (See Page l4 for correction)
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MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1975 (CONTINUED)
TABLING OF APPOINTMENT OF PLUMBING BOARD OF EXAMINKKS
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Since the Commissioners had not had time to go over thelist of Master and Journey-
men Plumbers for New Hanover County, it was agreed 'JY common consent to table until
the next meeting appointment of a Plumbing Board of Examiners.
DISCUSSION OF LETTER CONCERNING SIDBERRY ROAD
Chm. Davis reported receipt of a letter from M~. Jacob Alexander in response to
his letter to Governor Holshouser requesting assist3.nce in getting Sidberry Road
paved. Mr. Alexander's letter pointed out the four funds used for road paving and
said he would be glad to discuss this matter furthe~ with the Board, but it would be
up to .the General Assembly to appropriate funds.
DISCUSSION OF LETTER FROM CHAIRMAN DAVIS CONCERNING CONSOLIDATION OF CERTAIN CITY AND
COUNTY FUNCTIONS
Comm. Wright stated for the record, in light of the publicity received from the
letter written by Chm. Davis concerning consolidation of certain City and County
functions, that this was something which had not be2n previously brought before this
Board, and she was concerned because she felt there had been several occasions when the
Board had been shown a discourtesy by the Chairman's exceeding his authority. The
original correspondence between the Chairman and County Manager had not been in the
reading file and she felt that this Board should have been apprised of the matter be-
fore the Chairman's letter recommending consolidati~n of certain city and county
functions was released to the public and members of City Council. She also stated that
she felt this particular proposal was more or less an effort to circumvent the wishes
of the people as they expressed them in February 1973 on the consolidation issue. She
also stated that if the County took over the Human Relations Department she would
do everything possible to have it abolished as she felt it was unnecessary. She felt
that the Board was due a little more courtesy from the Chairman, and the main point
she was trying to bring out was that she felt the Chairman was exceeding his authority.
Comm. Wright also stated that she felt certain information released to the public in
Chm. Davis' letter was misleading to the public.
Chm. Davis stated that his letter of November 6 had been placed in the reading
file.on Friday, November 7, and the news media had obtained it from the file. He did
not put the original correspondence in the reading file, because there was a City
election in progress and he did not want the matter involved in politics. He felt
that his recommendation was something that was needed for the progress of the County
and that it was not in any way to circumvent the wishes of the people in February 1973
on consolidation of City and County Government.
Comm. Alper stated that he felt it should be fossible for a member of the Board
to make recommendations as a citizen of the community and not involve his capacity as
a County commissioner.
Comm. O'Shields stated that he felt that every member of the Board should have
the right to request information, write letters and express opinions as he sees fit
and realize that none of these actions obligates the entire Board.
DISTRIBUTION OF AUDIT REPORT
County Manager Eller distributed to the Commissioners copies of the Audit Report
received from Cherry, Bekaert & Holland, Accountants, for New Hanover County for the year
ended June 30, 1975.
ADJOURNMENT
Corom. Alper moved, seconded by Comm. Taylor, t.hat the meeting be adjourned. Upon
vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 1:25 o'clcck p. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to the Board
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