1975-12-08 Special Meeting
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MINUTES OF SPECIAL MEETING, DECEMBER 8, 1975
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ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
December 8, 1975, at 12:05 o'clock p. m. in the Asselooly Room, County Commission
Building, Wilmington, North Carolina. (The meeting '~as 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'Shields, Jr.; William C. Taylor;
i vian S. Wright; County Manager, Dan W. Eller; Coun':y Attorney James C. Fox; and
Clerk to the Board, Alyce B. Brown. Chm. Peter R. Davis and Comm. George E. Alper
were absent.
Vice-Chm. O'Shields called the meeting to order.
REPORT ON RECREATION MASTER PLAN.
Mr. Gardner Gidley appeared before the Board and presented to them a development
program which was detailed in terms of costs and whe:!:'e the improvements should be made.
He summarized the program very briefly and reported .that shortly after the first of the
year and after various groups had had an opportunity to evaluate the draft of the program,
he hoped to have the final development plan prepared. He stated that the Planning Board
and Planning Department as well as various other groups within the City and the Planning
Districts were reviewing the plan and he would get i:1.put from all these groups before
he presented the final development plan.
APPROVAL OF APPLICATIONS FOR TITLE XX CONTRACTS
Mr. Frank Ballard, Chairman, Board of Social Services, and Miss Lela Moore Hall,
Social Services Director, appeared before the Board to present the following applications
for Title XX Contracts:
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1. Cape Fear Voluntary Action Center - Expansion of Present Program
2. Cape Fear Voluntary Action Center - Information & Referral Service
3. Child Development Center, Inc. - Respite Care Program
4. Community Boys' Club, Inc. - Expansion of S':>cial Development & Group Services
5. Brigade Boys' Club, Inc. - Expansion of Social Development & Group Services
6. Girls' Club of Wilmington - Expansion of Social Development & Group Services
7. Family Service-Travelers Aid - Consumer Credit Program and
- Big Buddy Pr:>gram
8. Parks & Recreation Dept. - Senior Citizen Programs
9. New Hanover Workshop, Inc. - Expansion of program
10. YWCA - Social Development & Group Services
11. New Hanover Legal Services Foundation, Inc.
Mr. Ballard and Miss Hall explained the program and stated that 75% of each program
was funded by the Federal Government and the Provider Agency had to guarantee 25% of the
funds. Most of the 25% local funds would come from United Way. The County would not
be obligated in any way for the funds, and the Contracts would be monitored constantly
to see that they were performed according to the Contract. Miss Hall requested the
support of the Commissioners in keeping the funds out of the County Budget since there
was no County money involved.
Comm. O'Shields moved, seconded by Comm. Taylor, approval of these
and contracts and that t:hey be submitted to the next agency for review.
the motion carried as follows:
applications
Upon vote,
Voting Aye: Comm. O'Shields and Taylor
Voting Noe: Comm. Wright
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Absent: Corom. Alper and Chm. Davis
Copies of the~applications for contracts are on file in the County Manager's Office.
APPROVAL OF BIDS ON SHERIFF'S DEPARTMENT UNIFORMS
Capt. T. H. Evans of the Sheriff's Department appeared before the Board to present
the bids received on new uniforms. He recommended that the bid be awarded to Fligel's
Uniform Company even though they were not the lowest bidder. He stated that they gave
better service and had a bet~ quality uniform.
The County Manager reported that he had experienced problems in the past with the
company that submitted the lowest bid. and neither he nor Capt. Evans had ever heard
of the company with the second lowest bit; therefore, were not familiar with their
product or service.
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MINUTES OF SPECIAL MEETING, DECEMBER 8, 1975 (CONTINUED)
APPROVAL OF BIDS ON SHERIFF'S DEPARTMENT UNIFORMS (CONTINUED)
Comm. O'Shields moved, seconded by Comm. Taylor, to award the bids for the Sheriff's
Department uniforms to Fligel's Uniform Company in the amount of $13,665. Upon vote,
motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor and Wright
Absent: Comm. Alper and Chm. Davis
A copy of the bid tabulation is contained in Exhibit Book III, Page 47.
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APPROVAL OF BUDGET TRANSFER - FINANCE OFFICE
The Coromissioners were requested to approve the transfer of $225 from Contingencies,
Acct. #11 445 61, to Capital Outlay - Equipment, Acct. #11 440 74, in the Finance Office
to provide for replacement of a calculator which was inoperable and not worth the repair
costs. The County Manager recoromended approval of the transfer.
Corom. Wright moved, seconded by Corom. Taylor, appro'lal of the budget transfer for
the Finance Office as recommended by the County Manager. Upon vote, motion carried as
follows:
Voting Aye: Comm. O'Shields, Taylor and Wright
Absent: Comm. Alper and Chm. Davis
DISCUSSION OF DELINQUENT PERSONAL PROPERTY TAXES OF MR. ~mOMAS P. BURN
The Coromissioners had been furnished a copy of a meno from Mr. Larry Powell, Tax
Administrator, regarding the request of Mr. Thomas P. Burn that his 1964 taxes be re-
leased due to the expiration of the Statute of Limitations and that interest on his 1967
and 1968 taxes be released. Mr. Burn stated that he had tried to pay his taxes in 1970
and his check was returned by the Tax Department with a note stating that they had already
been paid. He took the position that if there was a delinquent account, the Tax Depart-
ment should have applied that check to the account. He ",as willing to pay the tax but
felt that he should not be penalized for the interest as he had made an attempt to
make payment. He stated that he was not notified of the arrearage until a garnishment
of wages was received by his employer.
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The County Attorney stated that the taxes and interE,st could not be released. His
opinion was that the burden for the payment of taxes was on the taxpayer and that it
was his responsib~lity to see that they were paid.
Comm. O'Shields moved, seconded by Corom. Taylor, tha.t the County Manager write a
letter to Mr. Powell, the Tax Administrator, advising him that the Coromissioners were
unable to grant Mr. Burn's request because the law would not allow the release of taxes or
interest. Upon vote, the motion carried as follows:
Voting Aye: Comm. O'Shields and Taylor
Voting Noe: Comm. Wright
Absent: Comm. Alper and Chm. Davis
Comm. Wright stated for the record that her "noe" vote was a protest vote because
she did not think it was fair and that in this case part of the burden should have been
on the Tax Department.
APPROVAL OF BUDGET AMENDMENT - CLERK OF COURT
As no funds had been budgeted this year to pay the Jury Commission, Mr. James G.
McKeithan, Clerk of Superior Court, appeared before the B:>ard to request the budget
be amended to provide funds for this purpose. He recommended that payment to each
member be increased from $300 to $500 for their work this year.
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The County Manager recommended that the budget be am~nded by increasing Revenue
Item - Court Costs, Fees and Charges, Acct. #17 350 00, by the sum of $1500 and by
appropriating that same amount to Salaries and Wages, Acct. #17 516 02, to provide
the funds to pay the Jury Commission.
Corom. Wright moved, seconded by Comm. Taylor, approval of the budget amendment
as recommended by the County Manager. Upon vote, the motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor and Wright
Absent: Comm. Alper and Chm. Davis
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MINUTES OF SPECIAL MEE~rING, DECEMBER 8, 1975 (CONTINUED)
OUTSIDE EMPLOYMENT OF LELA MOORE HALL AND AMENDMEN,]~ TO PERSONNEL POLICY
The Commissioners were requested to approve Social Service Director, Lela Moore
Hall's, teaching at UNC-W for two hours each Thursday morning from January 7th through
April 22nd.
Corom. Wright stated that the request was not in accordance with the Personnel
Plan and she moved that it be denied. The motion died for lack of a second.
Corom. Taylor stated that since it was for the college, it was different than
private enterprise and he felt that an exception should be made.
Comm. Taylor made a substitute motion that Miss Hall be allowed to teach this
course at the college.
The County Manager stated that if this outside employment was permitted, he felt'
that it would be proper to strike that section of the Personnel Plan that states "No
outside work allowed before or during regular office hours or lunchtime."
Comm. Taylor amended his substitute motion, se::onded by Comm. O'Shields, that
Miss Hall be allowed to teach this course at the college on the condition that any
remuneration she received from the college be retur1.ed to the County and that the
Personnel Plan be amended to state that any outside work performed by a Department
Head must have the prior approval of the County Comnisssioners. Upon vote, the substitute
motion carried as follows:
Voting Aye: Comm. O'Shields and Taylor
Voting Noe: Comm. Wright
Absent: Comm. Alper and Chm. Davis
COUNTY MANAGER AND FINANCE OFFICER OUT OF TOWN
County Manager Eller advised the Board that he
Cooper, would be in Chapel Hill on Friday, December
and revenue projection.
and the Finance Officer, Felix
12, attending a seminar on budgeting
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Taylor, t.hat the meeting be recessed to
Executive Session for the discussion of committee appointments. Upon vote, the motion
carried as follows:
Voting Aye: Comm. 0' Shieldl?, Taylor and Wright.
Absent: Comm. Alper and Chm. Davis
. vice-Chm. O'Shields recessed the meeting to Executive Session at 1:05 o'clock p. m.
vice-Chm. O'Shields reconvened the meeting to Public Session at 1:20 o'clock p. m.
APPOINTHEN':I' OF DR. .:rmms E. FURR TO BOARD OF HEALTH
Comm. O'Shields moved, seconded by Comm. Wright, that Dr. James E. Furr be appointed
to fill the vacancy 0n the Board of Health, created by the retirement of Dr. James H.
Smith, for a three-year term expiring December 31, 1978. Upon vote, the motion carried
as follows: '
Voting Aye: Comm. O'Shields, Taylor and Wright
Absent: Comm. Alper and Chm. Davis
. ADJOURNMENT
Comm. Wright moved, seconded by Comm. Taylor, that the meeting be adjourned. Upon
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor and Wright
Absent: Comm. Alper and Chm. Davis
Vice-Chm. 0' Shields adjourned the meeting at 1: :!O 0' clock p. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to the Board
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