1975-11-24 Special Meeting
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MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
November 24, 1975, at 11:10 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina. (The meeting was !,;cheduled 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 James C. Fox and Clerk to the Board, Alyce B. Brown. No
members were absent.
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Chm. Davis called the meeting to order.
RESCISSION OF APPROVAL OF APPLICATION FOR WIC PROGRAM
On August 18, 1975, the Commissioners had approved em application for the Sup-
plemental Food Program for Women, Infants and Children (~rIC Program). Drs. Knox, Reynolds
and Smith appeared before the Board on behalf of the Board of Health to discuss this
Program. They felt that the implementation of this Program would be very costly to the
County and requested that approval of the application be rescinded until their committee
could study the program more thoroughly and report back t:o the Commissioners. Since
the program would be funded again in the Spring, they felt that it would be best to
wait until then to apply, after the Board of Health Committee had made a study.
Comm. Wright moved, seconded by Comm. Taylor, to re::cind the previous motion (of
August 18, 1975) authorizing the Board of Health to get into the Program by December 1,
and wait for the Board of Health to report in the Spring on the necessity in this County
for the program. Upon vote, the motion carried unanimou::ly.
APPROVAL OF CONTRACT BETWEEN NEW HANOVER COUNTY HEALTH DEPARTMENT AND N. C. DEPARTMENT
OF HUMAN RESOURCES
In order to qualify for certain State funds, the County Commissioners are requested,
annually, to approve subject contract. !
Comm. Wright moved, seconded by Comm. Alper, approval of the Contract between the
Health Department and the Department of Human Resources. Upon vote, motion carried
unanimously.
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A copy of this Contract can be found in Exhibit Book III, Page 43.
APPROVAL OF FUNDING A STATISTICAL REPORT ON JUVENILE COURT ACTIVITIES
Judge Gilbert H. Burnett, Mr. Norman Holden and Mr. Ron Knopf appeared before the
Board to request funding of $1500 annually to work with UNC-W in preparing statistical
data on Juvenile Crime. Judge Burnett reported that there had been a reduction in the
case load and it was felt that juvenile evaluation and statistical information gathered
in the past had been very helpful in cutting down on the ~rime rate, and the funds for
this type of appraisal had been terminated.
County Manager Eller reported that since this was more or less a court related
program, the operation and responsibility should logically be placed under the super-
vision of the Chief Juvenile Court Counselor, Mr. W. T. Childs, with help from the
Juvenile Services Center. He recommended that, if funded the Revenue appropriation
in the Court of Justice Fund be increased by $750 and appropriate that amount to Pro-
fessional Services under the Clerk of Court, which would carry the program to July 1,
1976.
Comm. Wright moved, seconded by Comm.Alper, to transfer the funds as recommended
by the County Manager to fund the program as requested. Upon vote, motion carried
unanimously.
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AWARD OF BID FOR LEGION STADIUM - PHASE II
Mr. Julian Altobellis, Architect, appeared before thl~ Board and presented a tabu-
lation of the bids received on the General Contract and the Aluminum Seating Contract
for the renovations to Legion Stadium.
Upon motion by Comm. Alper, seconded by Comm. 0' Shie:_ds, the Contract was unani-
mously awarded to Dorsett Construction Company on the bas:_s of the low base bid of
$142,798 less alternate GC-2 $4,500.
Comm. Alper moved, seconded by Comm. O'Shields, to a\Tard the aluminum seating
contract to Wesco & Associates of Raleigh in the amount of $10,881.05. Upon vote,
motion carried unanimously.
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A copy of the bid tabulat;on ;s conta;ned ;n
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MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975 (CONTINUED)
APPROVAL OF CETA TITLE X GRAN~ APPLICATION
Robert M. Williams, County Engineer, Appeared before the Board to request permis-
sion to obtain Federal funding!; to hire labor to clear airport runway approaches. He
reported that the FAA had warn~d the Airport that there were violations of the ap-
proach clearance zones.
County Manager Eller reported that the total amount of the project is estimated
at $59,150 of which $47,320 would be provided thr~ugh the grant from Coastal Plains
Regional Commission and that local funds required would be $ll,830. He stated that
the local funds would come from the funds budgetej for the Radar Building due to the
fact that the bids for that project were under th~ amount budgeted.
Comm. O'Shields moved, seconded by Comm. Taylor, that the application for the
grant be approved. Upon vote, the motion carried unanimously and the following
Resolution authorizing filing of the Application was unanimously adopted.
RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE COASTAL PLAINS REGIONAL
COMMISSION FOR A GRANT UNDER THE TERMS OF Pill3LIC LAW 89-136, AS AMENDED.
WHEREAS, under the terms of Public Law 89-l36, as amended, the United States
of America has authorized the making of gran1:s to public bodies and private
nonprofit organizations or associations to aid in financing or the construction
of specific projects:
Now therefore, Be It Resolved by New Hanover County Board of Commissioners:
1. That Peter R. Davis, Chairman, is hereby authorized to execute
and file an application including all understandings and assur-
ances containe'd therein, on behalf of county of New Hanover with
Coastal Plains Regional Commission, for a grant to aid in the fi-
nancing or construction of Runway Approach Clearance at New
Hanover county Airport.
2. That the above named authorized representative is hereby authorized
and directed to act in connection with the application and to fur-
nish such information as the Coastal Plains Regional Commission,
may reasonably request in connection with the application which is
herein authorized to be filed.
3. That the authorized representative will successfully complete the
project in a timely manner to the satisfaction of the Coastal
Plains Regional Commission and will promptly pay all amounts due.
DISCUSSION ON PLUMBING INSPECTIONS
Comm. O'Shields reported to the Board that he felt that the matter to be cis-
cussed was a matter of enforcement and interpretations of the Plumbing Code and
that the County Attorney had advised several month3 ago that the Commissioners had
no powers to override anything that the Plumbing Inspector had done. He felt that
the matter should be.discussed with the County Engineer not with the Board. Comm.
O'Shields moved that it be tabled and that the Cownission take no action on it and
that if there was a problem that it be taken up wi;=h Mr. Williams, the County Engineer.
Chm. Davis requested that the tabling motion be delayed until the problem had
been presented.
Comm. O'Shields withdrew his tabling motion.
Mr. Bill Melton, a local plumbing contractor, appeared before the Board to question
the methods of plumbing inspections. He felt that it was unnecessary for the assistant
inspectors to inspect the jobs if they did not haVE! the authority to approve them, and
the Chief Plumbing Inspector had to go behind them to inspect the jobs. He felt that
they were required to do things that were not nece::,sary and were being harrassed by the
plumbing inspectors.
It was agreed that the County Engineer would n~et with the plumbers to talk over
their gr";"evances and try to settle the disputes between them and the plumbing inspectors.
Mr. Williams was requested to ~o over the the codes with all of the inspectors to be
sure that they were being followed.
No action was taken by the Board on this matter.
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MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975 (CONTINUED)
APPROVAL OF AGREEMENT WITH U. S. ARMY FOR DRAINAGE DITCH MAINTENANCE
County Manager Eller reported that the Town of Kure Beach had requested the Health
Department to do some maintenance work on a drainage ditch. Since part of this work
was within the buffer zone, the County would have to approve an Agreement not to file
any claim against any agency of the Federal Government f~r any damages arising out of
the County's work on the ditch. He recommended that the Chairman be authorized to
sign the Agreement.
Upon motion by Comm. Alper, seconded by Comm. O'Shields, authorization for the
Chairman to sign the following License to Improve Draina~e Ditching was unanimously
approved:
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LICENSE TO IMPROVE DRAINAGE DrTCHING
FIRST
Under authority of AR 405-80, para. 52, the Command,~r, Military. Ocean Terminal,
Sunny Point hereby grants a license to the governmental l"!ntity of NE.W Hanover County,
North Carolina to enter the United States Army property located on the east side of
the Cape Fear River for the limited purpose of cleaning l"!xisting ditches. This license
shall be effective for a period of six months from the signing hereof unless sooner
revoked.
SECOND
New Hanover County, North Carolina hereby agrees that in consideration for such
authority, no claim will be filed ,against any federal agency nor any action or suit
for money damages in any court in the united States of roaerica for loss or damage to
State of North Carolina or New Hanover County property o~ property of any sub-contractors
of the State of North Carolina or New Hanover County, or. for personal injury or death to
State of North Carolina or New Hanover County employees 9r employees of any sub-
contractors of the State of North Carolina or New Hanover County, where such loss,
damage, injury, or death is caused in whole or in part by the condition of the united
States property which is the subject of this Agreement.
THIRD
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New Hanover County North Carolina will bear full re~;ponsibility toward third
parties for any personal property damage, real property damage, personal injury,
or death that may occur as a result of the deepening of Henniker Ditch by its person-
nel, personnel of the State of North Carolina, or sub-contractors of either such party.
FOURTH
New Hanover County, North Carolina shall notify, eit:her in writing or by telephone
(763-6581, ext. 291), Military Ocean Terminal, Sunny Poir.,t before commencing work and
immediately upon completing work under this license.
Issued this 12th day of November, 1975.
s/Walter C. Daniels
Colonel, TC
Commander
Military Ocean Terminal, Sunny Point
Accepted for New Hanover County, North Carolina this 24th day of November, 1975, by
s/Peter R. Davis
Chairman, Board of Commissioners.
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NAMING OF MENTAL HEALTH CENTER
Comm. O'Shields reported that the Mental Health Board had suggested that, even though
the Mental Health Center was to serve a three-county area, the building itself belonged
to New Hanover County, and they would like to either name the building in honor of
Mr. J. M. (Mike) Hall, Jr. or dedicate it in his memory. They had requested that
Comm. O'Shields get the County's wishes in regard to this matter so steps could be taken
to line up the dedication of the building.
Comm. Wright stated that she felt that for reasons of identification the building
should be named Southeastern Mental Health Center and dedicated to Mr. Hall's memory.
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MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975 (CONTINt~D)
NAMING OF MENTAL HEALTH CENTER (CONTINUED)
Comm. Taylor concurred with Cqmm. Wright's sugge::;tion as he would hesitate to name
a building of that type after a pefson.
Comm. Alper stated that he had mixed emotions on the suggestion as he wanted to
honor a man that was so deserving in his efforts to make New Hanover County a better
place to live, but he did think that it would be best to call the building the South-
eastern Mental Health Center and put a plaque in the building naming Mike Hall as a
.eader in the efforts to obtain this building, and that it would be an honor his family
: QuId appreciate.
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Chm. Davis concurred with the feelings of the ot.her members of the Board.
Comm. Alper moved, seconded by Comm. O'Shields, that the building be named the
Southeastern Mental Health Center and that a plaque be placed in the building dedicating
it to the memory of J. M. (Mike) Hall, Jr. Upon vote, motion carried unanimously.
OPINIONS ON LEGISLATIVE STUDY COMMISSION ON PROFESSIONALISM AND EFFICIENCY OF BUILDING
INSPECTORS
The Commissioners had been requested to provide the North Carolina Association of
County Commissioners their opinions on the following three issues being considered by
the Study Commission:
1. Whether or not to require inspection programs in every local governmental
unit across the State.
2. Whether or not to establish minimum training and qualifications for
local building inspe~tors.
3. Whether or not to set legislatively determined minimum salaries for
local building inspectors.
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After discussion on each of the issues being considered, Chm. Davis requested the County
Manager to write a letter to the N. C. Association of County Commissioners stating the
following opinions expressed by the Board:
In agreement with issue #1 - Comm. Alper, O'Shields, Taylor and Chm. Davis
In agreement with issue #2 - Comm. Alper, O'Shields, Taylor, Wright and
Chm. Davis
In agreement with issue #3 - None
APPROVAL OF TAX ABATEMENTS AND REFUNDS
County Attorney, James C. Fox, reported that he had reviewed the list of Tax
Abatements and Refunds and it seemed in order.
Comm. O'Shields moved, seconded by Comm. Alper, the list of Tax Abatements and Refunds
submitted by the Tax Department be approved. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor mid Chm. Davis
Voting Noe: Comm. Wright
Comm. Wright stated for the record that she had voted "noe" because some of those
abatements had already been posted to the bills in the Tax Office bef~fie they came to
this Board. She had checked on a few of them and found that this was7c~se. She had
also found at least one that had been abated and marked off the books for mo~than the
amount that was on the list and the Commissioners were being asked to "rubberstamp" anothe:
list which they had just done.
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Chm. Davis asked Comm. Wright to make any information that slle had available to the
County Manager so that he could follow up and investigate it.
Comm. Alper stated that it was a citizen's, c.nd especially a County Commissioner's
sworn duty to expose these things and to forward t:he information to whatever authority
necessary
County Attorney Fox stated, in answer to Comm. Wright's question, that the taxes
could not be abated unless they had been approved by the Board of Commissioners.
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MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975 (CONTINUED)
APPROVAL OF TAX ABATEMENTS AND REFUNDS (CONTINUED)
Chm. Davis asked Comm. Wright for the name of the person who was abated more than the
amount on the list, and she stated that she would rather not give the name because it gets
into a legal matter that may come up later.
A list of the Tax Abatements and Refunds can be found in Exhibit Book III, Page 45.
APPROVAL OF ENCROACHMENT AGREEMENT WITH STATE HIGHWAY FOR SEWER LINE
County Mana.ger Eller presented to the Board, for their approval, an Encroachment
Agreement with the State Highway to allow the County to put the sewer line for the
Laney and Trask Schools in their right-of-way.
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Comm. O'Shields moved, seconded by Comm. Alper, approval of the Encroachment Agree-
ment and authorization for Chairman to sign. Upon vote, motion carried unanimously.
A copy of this Agreement is on file in the County Manager's Office.
DECEMBER MEETINGS OF THE BOARD OF COMMISSIONERS
County Manager Eller stated that the Planning Department needed to know'what dates
in December the Board would meet in order to arrange for hearings to be advertised so
that action could be taken by the end of the year.
After some discussion, it was decided that the Board would have its regular meetings
on the 1st and 15th of December and a special meeting on December 8.
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Alper, that the meeting be recessed to
Executi ve Session. Upon vote, motion carried unanimousl:{.
Chm. Davis recessed the meeting to Executive Sessio? at 12:45 o'clock p. m.
Chm. Davis reconvened the meeting to Public Session at 1:05 o'clock p. m.
ADJOURNMENT
Comm. Taylor moved, seconded by Comm. Alper, that the meeting be adjourned. Upon
vote, motion carried unanimously.
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Chm. Davis adjourned the meeting at 1:05 o'clock p. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to thf~ Board
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MINUTES OF REGULAR MEETING, DECEMBER 1, 1975
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
December 1, 1975, at 11:15 o'clock a. m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina. (The meeting was scheduled 1:0 begin at 11:00 o'clock a. m.
but was delayed due to the length of the meeting of the Hoard 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 James C. Fox and Clerk to the Board, Alyce B. Brown. No
members were absent.
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Chm. Davis called the meeting to order.
Comm. George E. Alper offered the invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, NOVEMBER 10, 1975
Comm. Wright stated that on Page 4, under Discussior, of piedmont Airlines Contract,
she felt the word "directed" should not be used as the Chairman could not direct the
County Manager without formal action by the Board, but he could request him to do things.
She suggested that it be worded differently in this case and in the future.
Upon motion by Comm. Wright, seconded by Comm. Alpel', the minutes of the Special
Meeting of November 10, 1975, were unanimously approved as corrected.
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