1976-02-02 Regular Meeting
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MINUTES OF SPECIAL MEETING, JANUARY 26, 1976 (CONTINUED)
AUTHORIZATION OF CITY/COUNTY DISCUSSIONS (CONTINUED)
Mr. Davis stated that the record should show that Mr$. Wright interpreted that
Mr. Davi s said that and that Mr. Davis meant" at the moment".
Upon vote the motion authorizing the discussions carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis
Voting Noe: Comm. Taylor and Wright
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
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Chm. Davis adjourned the meeting at 10:05 o'clock a. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 2, 1976, at 9:00 o'clock a. m. in the Assembly Room, County Commission
Building, Wilmington, North Carolina.
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. l
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Chm. Davis called the meeting to order.
Rev. Allen Laymon of the First Baptist Church offer~d the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 19, 1976
APPROVAL OF MINUTES: ,SPECIAL MEETING, JANUARY 26, 1976
Comm. Wright stated that in the Minutes of the Regutar meeting of January 19, 1976,
on Page 45 under "Selection of Auditor for Fiscal Year Erlding June 30, 1976", the fiscal
year referred to in the motion should be 1975/76 instead of 1976/77. She also stated
that on Page 46 under "Approval of Extension of Listing Period", she would like it
noted that she voted "yes" under protest.
Chm. Davis stated that on Page 45 under "Selection of Auditor for Fiscal Year Ending
June 30, 1976", it should be noted that only one of the firms had indicated that they
would not be interested in competing with Cherry, Bekaert and Holland for the work,
but the other two firms were interested in doing the worx.
Comm. Taylor moved, seconded by Comm. Alper, that t~e Minutes of the Regular Meeting
of January 19, 1976, be approved as corrected and the Minutes of the Special Meeting of
January 26, 1976, be approved as presented. Upon vote, the motion carried unanimously.
DISCUSSION OF DRAINAGE PROBLEM AT MYRTLE GROVE SOUND
Mr. Marvin Congleton appeared before the Board to request that the Commissioners
authorize the Health Department to proceed with opening a ditch across his property
that needed cleaning and stated that he had already given the necessary easements.
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Mr. V. M. Gilbert and Mr. Frank Olive, of the Health Department, appeared before
the Board to explain the position of the Health Department in the matter. They stated
that another property owner in the area had threatened c, lawsuit against the County
if the ditch was opened as his property would be affectE,d by the water runoff.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
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DISCUSSION OF DRAINAGE PROBLEM AT 'MYRTLE
County Attorney Fox stated that, in
would possibly have recourse against the
water runoff.
GROVE SOUND (CONTINUED)
his opinion, the opposing property owner
County if his property was damaged by the
Comm. Wright moved, seconded by Chm.
next meeting, and the County Engineer was
.hotograPhs, and report on what effects a
I abling motion carried unanimously.
Davis,that this matter be tabled until the
requested to survey the situation, take
heavy rain would have. Upon vote, the
PROGRESS REPORT ON LAW ENFORCEMENT CENTER
Mr. Herbert P. McKim and Mr. John Sawyer, of Ballard, McKim & Sawyer, Architects,
appeared before the Board to report on the construction progress of the Law Enforcement
Center. They stated that mid-March was the estimated completion date for Phase I of
the construction. They reported that the drawings for Phase II were being checked and
requested permission to advertise and receive bids on March 23, 1976. The estimated
cost for Phase II was $2,887,000.
Comm. O'Shields moved, seconded by Comm. Wright, that the architects be authorized
to advertise and receive bids on March 23, 1976, for Phase II of the project. Upon
vote, the motion carried unanimously.
PUBLIC HEARING
Notice had been published in the Star-News News~?apers on January 17 and 24, 1976,
that a Public Hearing would be held by the Board of Commissioners of New Hanover County
on Monday, February 2, 1976, at 9:30 a. m. in the Ne'~ Hanover County Commission Building,
14 North Third Street, Wilmington, North Carolina, to consider the following:
APPROVAL OF APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT THE SOUTHWEST CORNER
OF OAKLEY ROAD AND OAKLEY LOOP ROAD FOR A TRIPLEX IN ZONING AREA #lOA.
Planning Director, Richard Fender, appeared before the Board and reported that the
Plann~ng Commission had considered this application at its meeting of January 7, 1976,
and both the Planning Commission and Planning Staff recommended(that this Special Use
Permit be approved.
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ChIn. Davis asked if there was anyone present to speak for or against this matter.
Mr. Barnhill, the petitioner, appeared before 1:he Board to request that this Special
Use Permit be approved.
After the Commission had considered the following four items and found them to be
fact, (a) that the use would not materially endange:c the 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 sp(:!cifications~ (c) that the use
would not substantially injure the value of adjoini.'1g or abutting property or the use
was a public necessity; and (d) that the location a1.d 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 with the plan of development for
New Hanover County, Chm. Davis moved, seconded by Camm. Taylor, to concur with the
Planning Commission and Planning Staff in approving this Special Use Permit be issued
based on the plan as submitted with the application. Upon vote, the motion carried
as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
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TABLING OF APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY REZONING
OF PROPERTY LOCATED WEST OF OAKLEY LOOP ROAD APPROHMATELY 1,200 FEET SOUTHWEST OF THE
INTERSECTION OF OAKLEY ROAD AND OAKLEY LOOP ROAD FF~M R-20 (RESIDENTIAL DISTRICT) TO
R-15 (RESIDENTIAL DISTRICT) IN ZONING AREA#lOA.
Planning Director, Richard Fender, appeared before the Board and reported that the
Planning Commission had considered this rezoning request at its meeting of January 7,
1976, and both the Planning Commission and Planninq Staff had recommended denial of the
request.
Chm. Davis asked if there was anyone present :':0 speak for or against this matter.
Attorney Ronald Rowe and the petitioner, Mrs. Odum, appeared before the Board to
request that the rezoning request be approved.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION (CONTINL~D)
Comm. Wright moved, seconded by Comm. O'Shields, that the rezoning request be
approved.
Chm. Davis made a substitute motion, seconded by Cornm. Alper, to concur with the
Planning Commission and Staff in denying this request.
After further discussion, Comm. O'Shields moved, seconded by Comm. Taylor, that
the matter be tabled until the first meeting in March. Upon vote, the motion carried
unanimously.
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APPROVAL OF HUMAN RELATIONS WEEK PROCLAMATION
Mr. John A. Larson appeared before the Board to request that the Chairman be
authorized to sign a proclamation proclaiming the week of February 15 - 22, 1976, as
Human Relations Week. He stated that a variety of activities had been planned for
that week.
Comm. O'Shields moved, seconded by Comm. Alper, authorization for the Chairman to
sign a Proclamation proclaiming the week of February 15 -22, 1976, as Human Relations
Week. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
A copy of the Proclamation is contained in Exhibit Book III, Page 57.
AUTHORITY TO INSTITUTE CONDEMNATION SUIT TO OBTAIN RIGHT-OF-WAY FOR SEWER LINE TO LANEY
AND TRASK SCHOOLS
This item had been tabled from the Special Meeting of January 26, 1976.
Mr. John Jones, Wilmington City Manager, and Mr. Robert Coleman, Wilmington Director
of Public Works, appeared before the Board to request and recommend that the county
pursue any 'avenue possible to install a gravity sewer line for the Laney and Trask
Schools, as proposed, instead of going to the force main system. It was also stated
that there would be no tap-ons to the line until an agreement was reached between the
City and County.
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Mr. J. R. Benson, Jr. and Mr. Carl Farmer, of Henry von Oesen and Associates, the
consulting engineers for the project, appeared before the Board to answer questions and
make recommendations on the project.
Comm. Alper restated his motion of the last meeting, seconded by Cornm. O'Shields,
that the County go into condemnation proceedings so that the gravity sewer line could
be constructed as originally proposed. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
County Attorney Fox pointed out that it would be necessary for the Board to adopt
a preliminary condemnation resolution.
APPROVAL OF PROPOSED LETTER TO FARMERS HOME ADMINISTRATION
Mr. Bill Shaffer appeared before the Board to request approval of a letter from
Chm. Davis to the Farmers Home Administration expressing the County's intentions in
regard to the Lower Cape Fear Water and Sewer Authority's project and New Hanover
County's countywide water ~upply program.
Comm. O'Shields moved, seconded by Comm. Alper, that the letter be approved.
Upon vote, the motion carried unanimously.
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A copy of the letter is on file in the County Manager's Office.
APPROVAL OF AMENDMENT TO COASTAL AREA MANAGEMENT ACT GRANT
Planning Director, Richard Fender, appeared before the Board and reported that an
additional $7,411 had been awarded to the County to covet: costs involved in the citizen
participation aspects of the Coastal Area Management Act and to cover additional pub-
lishing costs. He reported t:hat the application had beer made on behalf of the City
of Wilmington and New Hanovel: County; however, when the Amendment was received, it was
only in the name of the County. He stated that this would require special budgeting
when the funds were received since the funds would be expended both for City and County
expenditures as the Planning Department was a joint department.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
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APPROVAL OF AMENDMENT TO COASTAL AREA MANAGEMENT ACT GRANT (CONTINUED)
Comm. O'Shields moved, seconded by Comm. Tayle,r, that the Chairman be authorized
to sign the Amendment to the Coastal Area Management Act Grant. Upon vote, the motion
carried as follows:
voting Aye: Comm. Alper, O'Shields, Taylor and ChIn. Davis
voting Noe: Comm. Wright
A copy of the Amendment is contained in Exhibit Book III, Page 58.
APPROVAL OF SENDING DELEGATES TO STATE YOUTH COUNCIL CONFERENCE
The Commissioners had been requested to send !':,everal young people to the N. C.
Youth Advisory Council/State Youth Council in Raleigh on March 5 - 7 at a cost of
$26 per person.
Comm. Wright moved that this be turned over to the school administration as was
done last year.
Comm. Alper moved, seconded by Chm. Davis, to send 2 students from each high schooland
that the school administration determine which students should go. Upon vote, the
motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Chm. Cavis
Voting Noe: Comm. Wright and Taylor
APPROVAL OF CHANGE ORDER - MENTAL HEALTH CENTER
The Commissioners were requested to approve a Change Order to the Electrical
Contract for the Mental Health Center in the amount of $90.
Comm. Wright moved, seconded by Comm. O'Shields, approval of the Mental Health
Center Change Order as requested. Upon vote, the motion carried unanimously.
APPROVAL OF CONTRACT FOR AUDIT OF TAX DEPARTMENT
The Commissioners were requested to approve a Contract with Beale and Hardison,
CPAs, for the audit of the Tax Department for the year ending June 30, 1976.
Comm. O'Shields moved, seconded by Comm. Taylor, approval of the Contract with
Beale and Hardison for audit of the Tax Department. Upon vote, the motion carried
as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and ChIn. Davis
Voting Noe: Comm. Wright
Comm. Wright stated that her "noe" vote was not because she was opposed to the
firm involved but she felt that the scope of the audit should be expanded.
AWARD OF BIDS ON SHERIFF'S DEPARTMENT REVOLVERS
The following bids were received for .357 magnum revolvers for the Sheriff's
Department:
Demain Enterprises, Kinston, N. C.
National Police Supply, Charlotte, N. C.
$3, 138. 2~
3,418.50
The County Manager reported that the low bid was not acceptable because the company
had sent a company check in the amount of $200 for the 5% bid bond instead of certified
funds as required. He recommended that the revolvers be purchased from National Police
Supply.
Comm. Taylor moved, seconded by Comm. O'Shields, to award the bid for the revolvers
to National Police Supply in the amount of $3,418.50. Upon vote, the motion carried
unanimously.
APPROVAL OF BUDGET TRANSFER - RECREATION MASTER PLAN
The County Manager reported that funds for the payment of the contract with Gardner
Gidley and Associates were appropriated on June 19, 1975, but no payments were made
prior to the close of Fiscal Year 74/75 and these funds were not encumbered. In order
to pay Mr. Gidley, the funds needed to be reappropriated and the County Manager recom-
mended that the sum of $10,890 be transferred from Contingencies, Acct. #11 445 61, to
Non-Departmental Professional Services, Acct. #11 6,50 04.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
APPROVAL OF BUDGET TRANSFER - RECREATION MASTER PLAN (CONTINUED)
Comm. O'Shields moved, seconded by Comm. Alper, thaF the budget transfer be
approved as requested. Upon vote, the motion carried asi follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
Comm. Taylor stated that even though he voted against the study, he would vote
"aye" on the budget transfer because it would have to be paid for since it was done.
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APPROVAL OF BUDGET TRANSFER - CAPE FEAR TECH
The Commissioners were requested to transfer the sum of $1,040 to Heating Fuel,
Acct. #6125, from Water and Electricity, Acct. #6126, in the Cape Fear Tech Budget.
Upon motion by Comm. Wright, seconded by Comm. Alper, the budget transfer for
Cape Fear Technical Institute was unanimously approved as requested.
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BUDGET TRANSFERS - MUSEUM
The Commissioners were requested to approve the fol}owing budget transfers in the
Museum Budget:
A. Transfer $200 from Equipment Rental, Acct. #11 ()25 22, to Printing,
Acct. #11 625 12.
B. Transfer the sum of $1,025 from Contracted Servtce, Acct. #11 625 45, to
Salaries and Wages, Acct. #11 625 02. This transfer was requested in order
to pay an RSVP employee for part-time services for the remainder of the
year and to provide $219 for the reclassificatic>n of a Steno I to a Steno II
effective February 1, 1976. '
In answer to Comm. Wright's question, County Attorney Fox, stated that there could
possibly be some conflict in the case of the RSVP emploYE!e's working on a part-time
basis as a paid employee.
Comm. Wright moved, se~onded by Comm.
request from the Museum and!gbtain further
Trustees on Item B. Upon vote, the motion
Alper, approval of Item A of the budget
information from the Museum Board of
carried unani~ously.
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APPBOVAL OF BUDGET TRANSFERS - JUVENILE SERVICES
The Commissioners were requested to transfer the sum of $200 from Professional
Services, Acct. #11 522 04, to Postage, Acct. #11 522 11; and to transfer the sum of
$300 from Professional Services, Acct. #11 522 04, to Contracted Services, Acct.
#11 522 45, in the Juvenile Services Budget. These transfers were necessary in order
to cover the increased cost of postage and to provide for a termite control contract.
Chm. Davis moved, seconded by Comm. O'Shields, that the transfers in the Juvenile
Services Budget be approved as requested. Upon vote, the motion carried unanimously.
APPROVAL OF BUDGET TRANSFER - GOVERNING BODY
The Commissioners were requested to transfer the sum of $250 from Travel, Meetings,
and Schools, Acct. #11 410 14, to Dues and Subscriptions,: Acct. #11 410 53, in the
Governing Body Budget in order to pay dues in the amount of $1,021 for the National
Association of Counties.
Chm. Davis moved, seconded by Comm. O'Shields, that the transfer and payment be
made as outlined. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
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Voting Noe: Comm. Wright
DENIAL OF RECLASSIFICATION OF STENO I to STENO II IN MUSEUM
County Manager Eller pointed out that there were two parts to Item B of the
budget request from the Museum, which had been acted on earlier in the meeting, and
he needed to know if the Board wanted to take separate action on the reclassification
of Steno I to Steno II or if they wished to bring it back: up when they acted on the
matter of the RSVP employee.
It was the general feeling of the Board that this wa:3 a matter to be discussed
at budget time and Comm. Wright moved, seconded by Comm. Taylor, that the reclassifi-
cation of the Steno I to Steno II be denied and that the other portion of the request
relating to the employee for the part-time services be tabled for information. Upon
vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONrINUED)
APPROVAL OF BUDGET AMENDMENT -': CETA TITLE II
The County Manager stated that in order to a~count for the Manpower funds under
Title II of the Comprehensive Employment and Training Act in more detail, the Com-
missioners were requested to rescind their action of December 15, 1975, in which
the funds were budgeted in two line items and td a.mend the budget to read as follows:
Revenue - State Grants CETA II
$ 99,130
Expenditures - Listed below:
11-661
CETA II City Expenditures
11-661-02
11-661-05
11-661-06
11-661-11
11-661-14
11-661-21
11-661-33
11-661-54
Budget
$ 52,834
3,037
1,744
220
4,398
1,600
400
820
$ 65,053
Salaries and Wages
FICA
Group Insurance
Insurance
Travel and Training
Rent
Supplies
Insurance and Bonds
11-662
CETA II County Expenditures
11-662-02
11-662-05
11-662-05
11-662-11
11-662-14
11-662-33
11-662-54
Budget
29,494
1,552
576
70
1,800
200
385
$ 34,077
Salaries and Wages
FICA
Group Insurance
Telephone
Travel and Training
Supplies
Insurance
This would rescind the budget amendment approved by the Commissioners on December 15,
1975.
Comm. O'Shie1ds moved, seconded by Comm. Taylor, that the CETA II Budget be amended
as outlined by the County Manager. Upon vote, the motion carried unanimously.
APPROVAL OF BUDGET TRANSFER - PUBLIC ASSISTANCE FtmDS
The County Manager stated that in order to provide funds in the amount of $352,512
for the local share of AFDC payments which was inadvertently omitted from the budget
for FY 1975/76, and also to make up for a deficit of $115,880 since June 30, 1975,
which had been revealed in the Audit Report, he and the Finance Officer recommended
that the following budget transfers be made from bond fund interest to the debt service
fund and then to Public Assistance:
Entries to fund AFDC fund:
Account No.
65-299-00
65-211-21
Debit Credit
$201,314
Account
Pub. Sch. Const. - Unapp. Fund Balance
Pub. Sch. Const. - Due to Debt Ser. Fd.
$ 201,314
61-299-00
61-211-21
Cape Fear Tech Canst. - Unapp. Fd. Bc:,,!.
Cape Fear Tech Const. - Due to Debt ~:er. Fd.
175,227
175,227
62-280-00
62-299-00
Reserve for Encumbrances
Health Const. - Unapp. Fd. Balance
7,650.64
7,650.64
62-299-00
62-211-21
Health Canst. - Unapp. Fd. Balance
Health Const. - Due to Debt Ser. Fd.
44,454
44,454
To transfer accumulated interest on investments
to debt service fund.
21-130-65 Debt Service Fund - Due from Pub. Sch. Const. 201,314
21-130-61 Debt Service Fund - Due from CFTI Const. 175,227
21-130-66 Debt Service Fund - Due From Mental Dept. Const. 44,454
21-299-00 Debt Service Fund - Unapp. Fund Balance 420,995
21-299-00 Debt Service Fund - Unapp. Fund Balance 352,512
21-211-41 Debt Service Fund - Due to Pub. Asst. Fund 352,512
To transfer unappropriated fund balance to
Pub. Asst. Fund.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
APPROVAL OF BUDGET TRANSFER - PUBLIC ASSISTANCE FUNDS (CONTINUED)
Account No.
41-130-21
41-610-03
Account
Public Asst. fund - Due from Debt Ser. Fd.
Public Asst. Fund - AFDC
Debit
$ 352,512
Credit
$ 352,512
To increase budgeted expenditure.
The following transfer relates to the deficit fund balance in the Public Assistance
Fund for 1975/76.
Account No. Account Debit Credit
21-299-00 Debt Service Fund - Unapp. Fund Balance $ 115,880
21-211-41 Debt Service Fund - Due to Public Asst. Fund $ 115,880
41-130-11 Public Asst. Fund - Due from Gen. Fund 115,880
41-299-00 Public Asst. Fund - Unapp. Fund Balance 115,880
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Mr. Cooper, Finance Officer, explained to the Board how this interest accumulated
as there was some question as to how it should be used. He also explained the method
of processing AFDC payments.
Comm. Taylor moved, seconded by Comm. Alper, approval of the budget transfer for
Public Assistance Funds as recommended by the county Manager and Finance Officer. Upon
vote, the motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - AIRPORT
The County Manager reported tnat a check had been received for 50% of the grant
for the Title X Program to clear runway approaches at the airport. In order to properly
account for these funds and to permit hiring the personnel to do the work, the Com-
missioners were requested to approve the following budget amendment:
Debit Acct. #31 650 72, Capital Outlay Buildings
for $il,830. This is the local share of the project.
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Debit Acct. #31 349 07, Federal Government Grants,
Title X Project for $47,320. This is the anticipated
Federal Grant.
CREDIT:
Acct. No.
31 651. 02 Salaries and Wages $ 44,000
31 651 05 FICA 2,574
31 651 33 Supplies and Materials 6,000
31 651 54 Insurance and Bonds 2,000
31 651 57 Miscellaneous 2,576
31 651 74 Capital Outlay Equipment 2,000
$ 59,150
Comm. Alper moved, seconded by Comm. Taylor, approval of the budget amendment
as recommended by the County Manager. Upon vote, the motion carried unanimously.
APPROVAL OF BUDGET TRANSFER - COURTHOUSE AND JAIL CONSTRUCTION
The County Manager reported that in order to pay the additional amount agreed
upon in the Raney condemnation suit, the Commissioners we~e requested to approve trans-
ferring the sum of $64,140 from General Capital Reserve Fund, Acct. #76 575 71, to
Courthouse and Jail Construction Capital Outlay - Land, A~ct. #63 575 71.
Comm. O'Shields moved, seconded by Comm. Alper, appr::>val of the budget transfer
for the Courthouse and Jail construction as requested and the payment. Upon vote,
the motion carried unanimously.
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BUDGET TRANSFER - TAX DEPARTMENT
The Commissioners were requested to transfer $8,000 from Tax Foreclosure,
Acct. #11 450 70 and $2,000 from Contingencies, Acct. #11 445 61, to Tax Refund and
Payments, Acct. #11 450 60, in order to pay additional refunds due to tax reductions
made by the Board of Equalization and Review. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CO~TINUED)
APPROVAL OF TAX OFFICE DISCOVERIES
The Commissioners, at their meeting of Janudry 5, 1976, discussed the discoveries
reported by the Tax Administrator, Larry Powell, for property owned by Cape Fear
Memorial Hospital but not used for hospital purposes. The minutes indicate that the
Commissioners did not take action approving these discoveries and were requested to
approve the discoveries as presented by Mr. Powell.
Comm. O'Shields moved, seconded by Comm. Alper, approval of the discoveries as
presented by Mr. Powell on Cape Fear Memorial HOBpital property. Upon vote, the
motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
Comm. Wright stated that her "noe" vote was a protest vote.
APPROVAL OF TAX ABATEMENT FOR DR. MICHAEL OONAHm:
Comm. Alper stated that he had received a copy of a letter from Dr. Michael
Donkhue requesting abatement of late listing penalty. He felt that Dr. Donahue's
request was justified as he did not get his notice from the Tax Department until
February after he had to call and request it.
Comm. Alper moved approval of the abatement of the late listing penalty of $78.95
for Dr. Michael Donahue. Comm. Wright seconded t:he motion because of the circumstances
existing at that time. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Voting Noe: Comm. Taylor
AUTHORIZATION TO SIGN CHECKS
Mr. Felix Cooper, County Finance Officer, reported that the Local Government
Fiscal Control Act calls for 2 signatures on each check written by the County unless
the Commission waives this practice. He stated that Mr. Davis' signature was being
stamped on all checks and Mr. Cooper was signing each one. He felt that time could be
saved by not having to stamp each check with Mr. Davis' signature.
Comm. Taylor moved the authorization of just one signature on checks. The
motion died for lack of a second.
Comm. Wright moved, seconded by Comm. Alper to continue with the practice of 2
signatures and that Mr. Eller (the County Manager) be one of three authorized to sign
if needed.
Comm. Alper withdrew his second to Comm. wriJht's motion.
Comm. O'Shields made a substitute motion, se:onded by Comm. Taylor, that Mr. Cooper,
Mr. Eller and Mr. Davis be authorized signatures on the checks but the checks need carry
only one of those signatures. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor dnd ChIn. Davis
Voting Noe: Comm. Wright
EXECUTIVE SESSION
Comm. Taylor moved, seconded by Comm. Alper, to recess the meeting to
Session to discuss personnel, land acquisition and committee appointments.
the motion carried unanimously.
Executive
Upon vote,
Chm. Davis recessed the meeting to Executive Session at 11:35 o'clock a. m.
Chm. Davis reconvened the meeting to Public ~:ession at 12: 25 0' clock p. m.
APPOINTMENTS TO PORTS, WATERWAYS
AND PLUMBING BOARD OF EXAMINERS
Comm. Alper moved, seconded
ments be approved:
AND BEACH COMMIS~:ION, ENVIRONMENTAL IMPACT COMMITTEE
by Comm. O'Shields that the following committee appoint-
Mr. Frederick Willetts, Jr.
Mr. Arthur Bannon
Mr. William E. Hewett
Port, Waterway and Beach Commission
Environmental Impact Committee
Plumbing Board of Examiners
Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976 (CONTINUED)
APPROVAL OF OVERTIME PAY FOR MRS. JANIE B. STRAUGHN AND :'1RS. MAE STUART
The Tax Administrator, Larry Powell, requested that Mrs. Straughn and Mrs. Stuart
receive pay for overtime work necessitated by errors of Cole-Layer-Trumble Company.
They are supervisors who are normally exempt from overtime pay.
Comm. O'Shields moved, seconded by Comm. Taylor, that
Janie B. Straughn and Mrs. Mae Stuart be approved with the
will attempt to recoup it from Cole-Layer-Trumble Company.
unanimously.
the overtime pay for Mrs.
understanding that the County
Upon vote the motion carried
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APPROVAL OF LETTER TO CAPE FEAR TECHNICAL INSTITUTE BOAru) OF TRUSTEES
Comm. Wright pointed that according to minutes of tpe CaP3aKugf Technical Insti-
tute Board of Trustees, they acted on several matters at.their/meetihg without a quorum
being present.
It was agreed by common consent that Chairman Davis would write a letter to the
Cape Fear Technical Institute Board of Trustees expressing concern over their taking
action at their January meeting when there was not a quorum present.
APPROVAL OF PUBLIC RECOGNITION OF MISS REBECCA HALL UPON HER RETIREMENT
Comm. Wright moved, seconded by Chm. Davis, to have public recognition at the first
meeting in March for Miss Rebecca Hall upon her retirement and that she be presented
one of the County's medals. Upon vote, the motion carrif~d unanimously.
REPORT THAT CARE AMBULANCE SERVICE NO LONGER IN BUSINESS
Comm. Taylor reported that Care Ambulance Service o~ Southport had gone out of
business so consideration of a franchise for them would llot be necessary.
COUNTY MANAGER OUT OF TOWN
County Manager Eller reported that he would be in Chapel Hill on February 10 - 13,
1976, attending the annual seminar of the City and county Manager's Association.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon
vote, the motion carried unanimously.
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Chm. Davis adjourned the meeting at 12:40 o'clock p. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF SPECIAL MEETING, FEBRUARY 11, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Wednesday,
February 11, 1976, at 2:30 o'clock p. m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners, George E. Alper; Claud O'Shields, Jr.;
Vivian S. Wright; Chairman Peter R. Davis; County Attorney James C. Fox; and Clerk
to the Board, Alyce B. Brown. Comm. William C. Taylor and County Manager Dan W. Eller
were absent.
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Chm. Davis called the meeting to order.
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Alper, that: the meeting be recessed to
Executive Session to discuss acqll~.sition of rights-of-way for the sewer line to serve
the Laney and Trask Schools. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis
Absent: Comm. Taylor
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