1976-02-16 Regular Meeting
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MINUTES OF SPECIAL MEETING, FEBRUARY 11, 1976 (CONTINUED)
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EXECUTIVE SESSION (CONTINUED) ,;
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Chm. Davis recessed the meeting to Executive Session at 2:30 o'clock p. m.
Chm. Davis reconvened the meeting to Public Session at 2:45 o'clock p. m.
ADJOURNMENT
Corom. Wright moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright ~nd Chm. Davis
Absent:
Comm. Taylor
Chm. Davis adjourned the meeting at 2:45 o'clock p. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to 1:he Board
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MINUTES OF REGULAR MEETING, ,FEBRUARY 16, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 16, 1976, at 9:00 0' clock a. m. in the As:::;embly 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 Petel~ R. Davis; County Manager Dan W.
Eller; County Attorney James C. Fox; and Clerk to 1:he Board Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
Rev. Emerson Thompson of the Grace United Methodist Church offered the
invocation.
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 2, 1976
APPROVAL OF MINUTES: SPECIAL MEETING, FEBRUARY 11, 1976
Comm. Wright stated that in the Minutes of the Regular Meeting of February 2,
1976, on Page 57 under "Authorization to sign checks:, she would like to have her
reason for voting "noe" put in as being because she thought the checks should at least be
spot checked by the other person signing them. She also stated that on Page 58 under
"Approval of Recognition of Miss Rebecca Hall Upon Her Retirement", it should be
"Mrs." Hall and not "Miss"Hall.
Upon motion by Comm. Alper, seconded by Comm. Ivright, the Minutes of the Regular
Meeting of February 2, 1976, were unanimously appro'led as corrected and the Minutes
of the Special Meeting of February 11, 1976, were illianimously approved as presented.
APPROVAL OF REQUEST TO PARTICIPATE IN WRIGHTSVILLE BEACH BERM AND DUNE RENOURISHMENT
Mayor Robert Sawyer and Huqh Perry, Town Clerk, of Wrightsville Beach appeared
before the Board to present a request for funds from the County to assist in the
restoration of the shore protection system. It was necessary for the Town of Wrights-
ville Beach to provide written commitments for the Local Funds to the Corps of Engineers
by early March 1976, in order to get the work done in FY 1976/77. The commitment re-
quested from the County is $28,760; however, the funds will not be used until FY 1976/77.
Chm. Davis reported that the County had set aside some funds over the last couple
of years for berm and dune eroslon control.
Chm. Davis moved, seconded by Comm. O'Shields, that this request for funds be
approved and the County commit the $28,760, from the funds that had been set aside for
this purpose, to Wrightsville Beach.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
APPROVAL OF REQUEST TO PARTICIPATE IN WRIGHTSVILLE BEACH BERM AND DUNE RENOURISHMENT
(CONTINUED)
Comm. Wright made a substitute motion, seconded by Comm. Alper, that the allocation
be made from funds in this fiscal year with the understanding that if the funds are not
used this year, they can be re-allocated next year. Upon vote, the substitute motion
carried unanimously.
APPROVAL OF ARCHITECT'S PLANS FOR NEW ASSEMBLY ROOM
Mr. Robert Sawyer, Architect, appeared before the Board to present plans for the
seating arrangement and color scheme for the new assembJ,.y room.
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Comm. Alper moved, seconded by Comm. O'Shields, to accept the architect's sketches
and color scheme and authorize going ahead with the project. Upon vote, the motion
carried unanimously.
AUTHORIZATION FOR HEALTH DEPARTMENT TO PROCEED WITH DRAINAGE PROJECT IN MYRTLE GROVE
SOUND AREA
This item had been tabled from the meeting of February 2 for the County Engineer
to obtain more information on the problem. Mr. Robert ~1illiams, County Engineer, ap-
peared to present the information he had gathered and st~ated that from his study of the
area, he could se no problem resulting from the proposed work that was simply a matter
of cleaning out an existing ditch. He had recommended t:o the Health Department that
they dig a sediment basin to catch any sediment that mi9ht go downstream, and Mr. Olive
and Mr. Gilbert of the Health Department concurred in his recommendation.
Mrs. Jean Roseman and Mrs. Betty Bowen appeared bef,'ore the Board to request
assistance with drainage problems, on their property which was located in this same
area, and Chm. Davis requested the County Engineer to look into this situation and
advise them how the situation should be handled.
County Attorney Fox stated that the County had no :::tatutory authority at this
time to engage in storm drainage projects and all of it::: drainage is done under the
mosquito control program that is partially funded by th~ Federal and State Governments
and all these projects must be related to mosquito conti'ol.
Comm. O'Shields moved, seconded by Comm. Alper, to allow the Health Department
to go ahead with the proposed drainage project in the Myrtle Grove Sound area. Upon
vote, the motion carried unanimously.
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DENIAL OF REQUESTS FOR WAIVER OF INTEREST ON 1975 TAXES _
The Commissioners had received requests from Mr. Ernest Bame and Mr. William C.
Smith that the interest on their 1975 taxes be waived.
County Attorney Fox stated that the interest charged on property tax cannot legally
be waived.
Comm. O'Shields moved, seconded by Comm. Alper, that the requests be denied.
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 she voted "noe" because she felt the law needed changing
and that was one of the things she planned to mention when she went to Raleigh.
Mr. and Mrs. Smith appeared to protest the fact that the interest could not be
waived since they did not get their bill until January 1976 and could not pay it earlier.
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INTENT TO APPROPRIATE FUNDS FOR SCHOOL EQUIPMENT FOR FY 1976/77
Dr. Heyward Bellamy appeared to request early approval of funds in the amount of
$416,388.90 to purchase equipment for various schools to be delivered in Fiscal Year
1976/77. He presented a list of the schools and the cost of equipment needed for each and
reported that the approval of funds was needed to place the orders for the equipment so
that it could be delivered in time for the schools to op3n in the fall. Dr. Bellamy also
reported that there were some outstanding contingency funds that may not be used and
he requested permission to apply these funds to equipment. He stated that whatever amount
of the $416,388.90 that was approved would be reduced by the amount that was applied
from the contingency funds.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
INTENT TO APPROPRIATE FUNDS FOR SeHOOL EQUIPMENT FOR FY 1976/77 (CONTINUED)
County Attorney, Jim Fox, advised that the County Commissioners could not make
a commitment which constituted an appropriation from the 1976/77 budget, but they
could indicate their intent to approve such appropriation. He further advised that
any orders placed prior to the actual appropriation \~ould not be binding on the County
and would be placed at the risk of the person placin<J the order and filled at the risk
of the vendor.
Chm. Davis moved, seconded by Comm. Alper, that the Commissioners who planned to
.support these items for the school system in the bud<Jet for FY 1976/77 indicate by
voting "yes" and those that do not plan to support them by voting "noe". Upon vote,
the motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
DENIAL OF REQUEST TO APPOINT A COUNCIL ON THE STATUS OF WOMEN
Ms. Dottie Crouch, Region "0" Coordinator, appe,:lred before the Board to request
that the Commissioners appoint a Council on the Status of Women for New Hanover County.
She gave the background of the Council and stated th::! goals and purposes for having
a Council established in New Hanover County.
Chm. Davis moved, seconded by Comm. O'Shields, to create the Council with the
understanding that all the Commissioners will do is appoint the members and offer no
funding, no telephone, no office, and no stationery. Upon vote, the motion was de-
feated as follows:
Voting Aye: Comm. O'Shields and Chm. Davis
voting Noe: Comm. Alper, Taylor and Wright
DISCUSSION ON BETTER ANIMAL CONTROL
Mrs. Don A. Moore had requested permission to address the coromissioners with re-
gard to better animal control laws. She reported to the Board the problems with stray
dogs running loose in her neighborhood and requested assistance in getting better
animal control in the area.
Chm. Davis requested that Mr. Johnson place special emphasis in Mrs. Moore's area
in looking for stray dogs.
Mr. Arthur A. Dessau appeared to suggest better methods of animal control and also
request a better method of handling the sale of dog tags. He felt that there should
be a simpler way of handling such a minor matter and suggested that they could be
requested through the mail instead of having to go to one of the places where they
were sold.
Chm. Davis moved, seconded by Corom. Alper, that a procedure be set up, now, to
where people who own dogs can order their tags through the mail and that a small handling
charge, whatever would offset the cost of handling ty mail, could be sent.
Comm. Wright requested that the motion include that when the notice is put in
the paper it state that the tags can be obtained by mail and also list the other places
they can be obtained and that it not be along the lines of a registration where forms
would be mailed to everybody.
Upon vote, the motion carried unanimously.
Comm. Wright stated that she voted "aye" with the understanding as she had outlined
it.
APPROVAL OF FUNDING BICSNTENNIAL ASSOCIATION THROUGH 12/31/76
Mr. Alton Lennon, Chairman of the Executive Con~ittee, and Col. Robert Milner,
Bicentennial Director, appeared before the Board to request funding for the association
through the fiscal year ending June 30, 1977, provided that in the event there was not
sufficient activity ,the office'; would be closed and the funds returned to the agencies
that had funded them.
Comm. Taylor stated that as a member of the Executive Committee, his recommendation
would be to fund it for half a year until December ]l, 1976, as that would be ample time
to wind up all activities.
By common consent the Board agreed to consider funding the Bicentennial Association
through December 31, 1976.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUEP)
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FINAL PLAT APPROVAL - CRESTWOOD SUBDIVISION, SECTION 8
Mr. Harry Oakes of the Planning Department appeared to request final plat approval
for Crestwood Subdivision, Section 8. He stated that a preliminary approval was granted
at the Planning Commission Subdivision Review Committee meeting of January 22, 1975,
and a Conditional preliminary and .final approval were g~anted at the meeting of
January 26, 1976, and all the conditions had been met b~r the developer. The develop-
ment would be constructed under the 25-10t provision.
Comm. O'Shields moved, seconded by Comm. Taylor, that the final plat approval be
given. Upon vote, the motion carried unanimously.
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TABLING OF APPROVAL OF RSVP EMPLOYEE AT MUSEUM
At their meeting of February 2, the Commissioners had tabled the budget transfer
of $806 to pay for a part-time employee who also worked in a voluntary capacity under
the RSVP program. Mr. Gary-Eyster, Museum Director, had furnished additional informa-
tion to the Commissioners and requested that the transfe,r be approved.
County Finance Officer Felix Cooper reported that t.here may be some problem in
paying minimum wage to this employee as it may be hard ~o separate the volunteer work
and the paid work.
Comm. O'Shields moved, seconded by Comm. Alper, thqt this request be approved
subject to the approval of the County Attorney's interpretation on the minimum wage.
Comm. Wright made a substitute motion, seconded by Comm. Taylor, that the matter
be tabled until information was obtained on the amount needed to pay for Cape Fear
Tech work-study students as there was not enough funds in the account to take care of
their salaries and the other part~time employee.
The County Manager recommended that the matter be t~bled for further information
and that the part-time work be discontinued until the matter was settled.
Upon vote, the tabling motion carried unanimously.
APPROVAL OF PROCLAIMING ENGINEERS WEEK - FEBRUARY 22 -
Comm. Alper moved, seconded by Comm. Taylor, that
1976, be proclaimed as Engineers Week and the Chairman
following Proclamation:
2.3, 1976
tre week of February 22 -
b~ authorized to sign the
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* PROCLAMATION *
HEAR YE, HEAR YE...
Be it known by all citizens of the County of New Hilllover and the City of
Wilmington that the week of February 22nd through February 28th is hereby proclaimed
as "Engineers Week".
From the earliest days of the founding of our nation, the men and women who
have followed the profession of engineering have helped t~o make our country great
by designing and constructing the systems that supply our food, water, fuel, and
power; our networks of transportation, communications and defense; and many of the
other countless conveniences and necessities that we take so much for granted.
The Father of our Country and First President, George Washington, was himself
an engineer and surveyor. It is only fitting that in thi's bicentennial year of 1976
we join with our country's engineers in celebrating this year's Engineers Week theme of
"American Ingenuity - 200 Years of Engineering". We see many examples of this ingenuity
in the engineering achievements in our own Lower Cape Fear region. The project known
locally as "The Rocks", designed and constructed over a century ago to canalize the
Cape Fear River below Fort Fisher, is representative of engineers working with nature to
serve the needs of man. Our new industries, deep ship channel and fine port, the great
bridges, beautiful old and new buildings, fine residential areas, and highways inter-
connecting them are modern examples of engineering achievements that make our land the
finest on earth for people to live in freedom, abundance ~nd comfort.
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Therefore, know ye all citizens of the Lower Cape Fe,3.r Region that we now proclaim
this week as "Engineers Week" as an expression of our appreciation for the ingenuity
and contributions of the engineering profession to improv~ the way of life in our land.
So proclaimed and signed this 23rd day of February 1~H6.
Upon vote, the motion authorizing the Chairman to si~~ the Proclamation carried
unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
APPROVAL OF LICENSE TO USE FUEL TANKS AT AIRPORT
The County Manager reported there were two large capacity tanks that had been
under control of the Navy at the Airport for which the Navy had no further use. He
reported tha:t the County Engineer and Dr. Bellamy had stated that they could use the
tanks especially in the event of a fuel shortage. tlr. Eller recommended that the
Commissioners approve the license permitting the County to use these tanks.
County Attorney Fox suggested that the tanks be insured properly and the matter
. diSCU::::.W:::e:h:o:::~s:::o:::~::c:o::~:~:::~'dS' that the tanks be covered by
insurance because of the flammable fluid they would contain and that the license be
approved. Upon vote, the motion carried unanimously.
A copy of the license is on file in the County Manager's Office.
APPROVAL OF SUPPLEMENTAL LEASE AGREEMENT FOR AIRPORT PROPERTY
The Commissioners were requested to authorize the Chairman to execute Supplemental
Agreement No. I Amending LEASE NO. DA-09-133-ENG-5636 between the County and Department
of Defense. This Amendment deletes from the original agreement approximately 38.67
acres with the County retaining the area containing the large hangar and 4 smaller
hangars.
Comm. Wright moved, seconded by Comm. Taylor,that the Lease Agreement be approved.
Upon vote, the motion carried unanimously.
A copy of the Amendment is on file in the County Manager's Office
APPROVAL OF SALE OF HEALTH DEPARTMENT DRAGLINE
The Commissioners were requested to declare the dragline as surplus property and
dispose of it either at public auction or through the receipt of sealed bids.
Comm. Wright stated that this was the same drag line that Brunswick County had
agreed to buy but then decided not to buy it.
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bids
Chm. Davis and County Manager Eller both recommended that the receipt of sealed
would be the best way to handle the s~le.
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the sale of the dragline
at the Health Department was unanimously approved.
APPROVAL OF COST OF LIVING INCREASE FOR COUNTY EMPLOYEES
County Mannger Eller reported that it was the feeling of the City and County
Managers that the State would be making budget cuts in trying to balance their budget,
and the agencies getting the cuts were going to be coming to their County Commissioners
for funds to make up for those funds. He requested authorization to ask our legislators
that when the State was making cuts that they not end up making cuts that would cause
the Counties to have to raise taxes to keep the State from raising taxes.
Comm. Wright moved, seconded by Comm. Alper, that the County Manager or Chairman
be authorized to write the local legislators expressing the commissioners' concern on
this matter. Upon vote, the motion carried unanimously.
County Manager Eller reported that this year th2 State Office of Personnel had
only sent one salary scale to choose from and it reflected a 5% increase. He stated
that most of the County Managers that he had talked to had indicated that they were
recommending generally either nothing or a 5% increase
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Chm. Davis moved, seconded by Comm. Alper, to direct the county Manager to plan
on a 5% cost of living increase for employees in working up the Budget for FY 1976/77.
Upon vote, the motion carried unanimously.
Comm. Wright stated that she thought it should be reconsidered if it looked out
of line when all the information was received from the State.
APPROVAL OF CONDEMNATION OF CITY AND COUNTY OWNED PR)PERTY
The Wilmington Redevelopment Commission had reqQested that the County
consent to condemnation of a piece of property in th= Urban Renewal Area.
involved are parcels 21-25 C of the Northside urban Renewal Area and there
buildings on the parcels.
Commissioners
The properties
are no
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
APPROVAL OF C;ONDEMNATION OF CITY AND COUNTY OWNED PROPERTY (CONTINUED)
Comm. 0' Shields moved, 'seconded by Comm. Taylor, c.pproval of the condemnation
of said property. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Wright
Temporarily Absent: Chm. Davis
APPROVAL OF STATE GRANT FOR PREPARATION OF 201 FACILITIES PLAN FOR AREA SOUTH OF
SNOW'S CUT
A grant offer in the amount of $3,750 had been received from the State Division
of Environmental Management for preparation of 201 Facilities Plan for the area south
of Snow's Cut. This was the same amount that had been requested by the County and
included in the budget.
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Comm. Alper moved, seconded by Comm. Taylor, the following:
RESOLVED: that the Board of Commissioners of New Hanover County approve the
offer of the N. C. Division of Environmental Management of a grant in the amount
of $3,750 for the preparation of a 201 Facilities Plan for the area of New Hanover
County South of Snow's cut and further that Chairrr,an Peter R. Davis be authorized
to execute the grant offer and agreement on behalf of New Hanover County.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Wright
T.emporarily Absent: Chm. Davis
APPROVAL OF TRANSFER OF FUNDS - REGISTER OF DEEDS
The Commissioners were requested to approve transferring the sum of $231 from
Supplies, Acct. #11 480 33, to Equipment, Acct. #11 480 74, in the Register of Deeds
Budget so that Mrs. LeRay could purchase a plat cabinet which was larger than that
contemplated when the budget was approved.
Comm. Wright moved, seconded by Comm. Alper, approval of the transfer for the
Register of Deeds Office. Upon vote, the motion carried as follows:
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Voting Aye: Comm. Alper, O'Shields, Taylor and Wright
Temporarily Absent: Chm. Davis
APPROVAL OF BUDGET TRANSFER - GOVERNING BODY
The Commissioners were requested to transfer $700 from Travel, Meetings and
Schools, Acct. #11 410 14, to Salaries, Acct. #11 410 02. This transfer was necessary
due to the Board of E & R Meetings lasting longer than 3.nticipated when funds were
appropriated previously.
Comm. Taylor moved, seconded by Comm. Alper, that the transfer be approved as re-
quested. Upon vote, the motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - ADMINISTRATION
In order to have sufficient funds to complete the year's requirements for Telephone
and Postage and Copying, the Commissioners were requestl~d to approve the following
amendments:
1. Appropriate the sum of $2500 as Revenue to Acci:. #11 350 21, State
Grants, Social Services Overhead
2. Appropriate the sum of $1750 to Acct. #11 420 11, Telephone and Postage
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3. Appropriate as an expenditure the sum of $750 1:0 Acct. #11 420 32, Copying
and Duplicating.
The Revenue item mentioned above is a new item. The State is making available
to the County some additional funds to cover the County's administrative costs
outside of the Department of Social Services for the administration of Social
Services programs.
Comm. Alper moved, seconded by Comm. Taylor, that 1:he Budget Amendment be approved
as requested. Upon vote, the motion carried unanimously.
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lUlilUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
APPROVAL OF BUDGET AMENDMENT - FINANCE DEPARTMENT
In order to meet the requirements for the remainder of the fiscal year for
Telephone and Postage and to provide funds for renting additional typewriters for
the preparation of the budget, the Commissioners were requested to approve the
following budget amendment:
1. Appropriate as Revenue the sum of $1,600 to acct. #11 350 21, State
Grants, Social Services Overhead.
2. Appropriate as an expenditure the sum of $1,400 to Acct. #11 440 11,
Telephone and Postage.
3. Appropriate the sum of $200 to Expenditure Acct. #11 440 22, Equipment
Rent.
Comm. Wright moved, seconded by Comm. O'Shields, ~:hat the budget amendment be approved
as requested. Upon vote, the motion carried unanimously.
POLICY ON DELINQUENT RENTAL ACCOUNTS
The County Manager reported that there were a few tenants in the County Administra-
tion Building who were habitually delinquent in paying their rent. The Coromissioners
were requested to establish a policy as to when tl~nants who were delinquent were
requested to vacate the building.
Comm. O'Shields moved, seconded by Comm. Taylor, that the tenants would be charged
a 5% late fee if rent was not paid by the 10th of the month and would be requested
to vacate the building if rent was 60 days in arr~!ars. Upon vote, the motion carried
unanimously.
APPROVAL OF LEGAL FEES - RANEY CONDEMNATION
The Commissioners were requested to approve a statement from the County Attorney
in the amount of $10,522.26 for representing the County in the Raney Condemnation
Proceeding.
Comm. O'Shields moved, seconded by Comm. Alp~!r, approval of paying the statement
from the County Attorney. Upon vote, the motion carried unanimously.
W.A.lVER OF SUBROGATION RIGHTS lIGAINST SOUTHEASTERN MENTAL HEALTH CENTER
The Commissioners were requested to authorizE~ the Chairman to write a letter to
the Southeastern Mental Health Board waiving the Cnunty's rights of subrogation
with regard to fire and casualty damages at the Me!ntal Health Center Building.
County Attorney Fox stated the reason for waiver of subrogation rights against
Southeastern Mental Health Center. He stated that: he, the County Manager and the
Insurance carrier were in agreement that this should be done.
Comm. Taylor moved, seconded by Comm. O'Shields, to waive the rights of subrogation
to sue the Southeastern Mental Health Board for fire and casualty danlages and that the
insurance company be advised of that fact and they had agreed to issue a policy agreeing
that such a waiver had been made. Upon vote, the motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - COASTAL AREA MANAGEMENT ACT GRANT
At their meeting of February 2, 1976, the COITmissioners approved an Amendment
to the Coastal Area Management Act Grant awarding the County an additional $7,411. The
Commissioners were requested to approve the following budget amendment to account for
those funds:
Debit - Acct. #11 350 19, State Grants - Coastal
Area Management Activities
Credit - Acct. #11 490 02, Planning and Zoning - Salaries
Credit - Acct. #11 490 05, Planning and Zoning - FICA
Credit - Acct. #11 490 12, Planning and Zoning - Printing
$7,411
2,750
161
4,500
Chm. Davis moved, seconded by Comm. Alper, that the budget amendment be approved
as requested. 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 16, 1976 (CONTINm:D)
APPROVAL OF TAX COLLECTORS REPORT THROUGH JANUARY 31, 1976
Comm. Wright moved, seconded by comm. Alper, that the Tax Collectors Report through
January 31, 1976, be approved. Upon vote, the motion carried unanimously.
A copy of this report is contained in Exhibit Book III, Page 59.
APPROVAL OF TAX DEPARTMENT ABATEMENTS AND REFUNDS
Chm. Davis moved, seconded by Comm. Alper, that the list of abatements and refunds
be approved with the exception of releasing the listin9 penalty in the amount of $78.95
for Michael Donahue (Page 1, No.8) as that had been pieviously done and that on Page 4
only the request of Mr. Maurice Barnhill be approved; ci.nd that a transfer of $1400
be made from Contingencies, Acct. #11 445 61, to Tax R~funds and Payments, Acct.
#11 450 60. Upon vote, the motion carried as follows: "
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Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
A copy of the list is contained in Exhibit Book III, Page 60.
RECONSIDERATION OF PART-TIME EMPLOYEE AT MUSEUM
Mr. Gary Eyster, Museum Director, appeared before the Board to ask that they
reconsider terminating the work of Mr. Barriero until the item discussed earlier in
the meeting could be settled.
Chm. Davis moved, seconded by Comm. Taylor, approv~l of the transfer of $806
from Contracted Services, Acct. #11 625 45, to Salaries and Wages, Acct. #11 625 02,
in order to pay Mr. Barriero unt~l the matter could be settled. Upon vote, the
motion carried unanimously.
Chm. Davis requested that in the future Mr. Eyster be a little more careful in
keeping his budget matters straight.
APPROVAL OF TAX OFFICE DISCOVERIES
Tax Administrator, Larry Powell, appeared before the Board to explain the list
of discoveries that the Commissioners had received. He stated that each of the tax-
payers on the list had been advised of the increased values.
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Comm. O'Shields moved, seconded by Comm. Alper, to approve the list of discoveries.
Upon vote, the motion carried as follows:
voting Aye: Comm. Alper, O'Shields, Taylor and Cm1. Davis
voting Noe: Comm. Wright (Protest vote)
A copy of the list of Discoveries is contained in I:xhibi t Book III, Page 61.
TRANSFER OF FUNDS - TAX DEPARTMENT
The Commissioners were requested to transfer $1, 08~; from Contingencies, Acct.
#11 445 61, to Tax Refunds and Payments, Acct. #11 450 E,O. This transfer was necessary
to issue checks for refunds that had been approved by the Board of Equalization and
Review and the Board of County Commissioners. The reque,sts had already been signed
by the Tax Administrator but were misplaced and had not been processed to the Auditor's
Office for the refunds.
Comm. O'Shields moved, seconded by Comm. Alper, that the transfer be approved as
requested. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis .......,,/:..l'
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Voting Noe: Comm. Wright f
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APPROVAL OF TRAi\ISFER OF FUNDS - TAX DEPARTMENT
Tax Administrator, Larry Powell, requested that $9,152 be transferred from
Contingencies, Acct. #11 445 61, to Contracted Services, Acct. #11 450 45, for
computer services for the balance of this fiscal year. 3e reported that the transfer was
necessary due to errors and changes of Cole-Layer-Trumblo:~ and he felt that it should be
charged to them.
Comm. Taylor
transfer of funds
Voting Aye:
moved, seconded by Comm. O'Shields, that since
be approved. Upon vote, the motion ca:~ried as
Comm. Alper, O'Shields, Taylor and Chm. Davis
it had to be paid the
follows:
Voting Noe: Comm. Wright
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
DISCUSSION OF DAMAGES AGAINST C-L-T
There was some discussion as to the possibility of collecting damages from Cole-
Layer-Trumble Company for errors in the octennial revaluation. County Attorney Fox
stated some of the reasons for which he felt it might be possible to collect from CLT,
but he felt that it would be best to discuss these matters in executive session.
APPROVAL FOR FIREWORKS DISPLAY IN BATTLESHIP MEMORIAL PARKING LOT ON JULY 3RD
Chm. Davis had received a letter from the Bi::entennial Ball Committee of the Junior
League of Wilmington, Inc. requesting permission to have a fireworks display in the
parking lot of the Battleship Memorial on July 3, 1976.
Comm. O'Shields moved, seconded by Comm. Alp'~r, approval of the fireworks display.
Upon vote, the motion carried unanimously.
AUTHORIZATION FOR CHAIRMAN TO TRAVEL TO WASHINGTON DC FOR PRESENTATION AT U. S. COAST
GUARD HEADQUARTERS
Chm. Davis had received a letter from B. D. ~;chwartz, CO-Chairman of a committee
working to get another Coast Guard Cutter stationE!d in Wilmington. They requested
that he accompany the group to Washington D. C. to make the presentation at the U. S.
Coast Guard Headquarters in Washington, D. C., at 10:30 a. m. on February 24, 1976.
Comm. O'Shields moved, seconded by Comm. Alper, that the Chairman be allowed to
go since the Board had endorsed the efforts of the Committee. Upon vote, the motion
carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor end Chm. Davis
Voting Noe: Comm. Wri~ht
DISCUSSION ON REIMBURSEMENT TO COMM. WRIGHT FOR TRIP TO RALEIGH
Chm. Davis moved that in light of the fact that Mrs. Wright was going to Raleigh
on behalf of the citizens of this County she be reimbursed for her expenses.
APPROVAL OF USE VALUE ON PROPERTY OF BRUCE B. CAME30N
Tax Administrator, Larry Powell, explained that the two acres in question had
been charged to another taxpayer and when it was d:'Lscovered that it belonged to
Mr. Cameron, he had requested that he be allowed Use Value on the 2.5 acre tract
which adjoins his larger acreage tract. Mr. PowelJ. stated that in his opinion there
was no reason for not allowing the Use Value on this tract.
Comm. Alper moved, seconded by Comm. O'Shields, to approve the Abatement of
$632.28 on the 2.5 acres owned 'by Bruce Cameron. l~on vote, the motion carried as
follows:
Voting Aye: Corom. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
DISCUSSION OF SMITH BUILDERS SUPPLY REQUEST FOR TAX REFUND
Smith Builders Supply had furnished a letter from New Hanover County Health Dept.
stating that lot 17, pine Cliff Subdivision would not perc; therefore, they were re-
questing that the lot value be reduced and the taxes refunded in the amount of $19.43.
County Attorney Fox stated that this was a property condition that should have
been brought to the Board of Equalization and Revie'/l.
No action was taken by the Board on this matte.~.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
BUDGET TRANSFER - LANEY AND TRASK SCHOOLS SEWER LINE
At the Special Meeting of February 11, 1976, the County Commissioners authorized
Bob Williams to negotiate for the right-of-way for the S2wer line to Laney and Trask
Schools in the amount of $3,332.
County Manager Eller reported that a budget transfe~ would be necessary because
the right-of-way funds had never been budgeted to the actual construction funds and
in order to pay for the right-of-way and account for the funds the following budget
transfer would be necessary:
Debit - Acct. #64 575 52, Right-of-Way Easements
Credit - Acct. #64299 01, Unapp. Fund Balance
Credit - Acct. #64 575 73, Capital Outlay - Other Ilnprovements
$6,364
3,332
9,696
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Comm. Alper moved, seconded by Comm. 0' Shields, tha1: the budget transfer be ap-
proved as outlined by the County Manager. Upon vote, the motion carried unanimously.
DISCUSSION OF ABC BILL
County Manager Eller reported that he had talked wi1:h Senator Smith with reference
to the Bill that Mr. Fox had prepared for distribution Of ABC profits. Mr. Smith had
informed him that it would be very difficult to get the I.~ill introduced in this
session of the Legislature because only budget matters were to be discussed.
It was agreed by common consent that Chm. Davis wou:.d write a letter to our
legislators requesting that this bill be considered an e~lergency and introduced in
this session.
BUDGET TRANSFER - HEALTH DEPARTMENT
County Manager Eller reported that the Minutes of the Board of Health had indica-
ted that they would request a budget transfer in the amotmt of $1,000 for the purchase
of two jeeps.
Comm. Wright reported that the jeeps would be used for fogging equipment for the
mosquito control program.
Comm. Alper moved, seconded by Comm. Wright, approval of the transfer of $1,000
from Maintenance and Repair - Equipment, Acct. #44 593 16, to Equipment, Acct. #44 593 74.
Upon vote, the motion carried unanimously.
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DISCUSSION OF ADVERTISEMENT IN AMERICAN LEGION STATE CONVENTION PROGRAM
County Manager Eller reported that he had received a request for the County to
purchase an advertisement in the program for the American Legion State Convention.
No action was taken by the Board on this matter.
DISCUSSION OF PLANNING DISTRICT MEETINGS
County Manager Eller stated that Planning Director, Richard Fender, had requested
about 30 minutes on the agenda of March 1 to bring the Co:nmissioners up to date on the
Planning District meetings held out in the County.
It was felt that it would be better to have this report at the second meeting in
March.
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be recessed to
Executive Session to discuss land acquisition, lawyer/cliE~nt relations, and committee
appointments. Upon vote, the motion carried unanimously.
Chm. Davis recessed the meeting to Executive Session at 12:35 o'clock p. m.
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chrn. Davis reconvened the meeting to Public Session at 1:00 o'clock p. m.
PURCHASE OF PROPERTY FOR PARKING LOT
Chm. Davis moved, seconded by Comm. Taylor, approval of the purchase of a parking
lot on 4th Street between Chestnut and Grace Streets and a. connecting vacant lot fronting
on Grace Street between 4th and 5th for the sum of $45,320 and that these funds be
transferred from General Capital Reserve, Acct. #76 575 71, to Non-departmental
Capital Outlay - Land, Acct. #11 660 71 to purchase the property. Upon vote, the
motion carried unanimously.
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MINUTES OF REGULAR MEETING, FEBRUARY 16, 1976 (CONTINUED)
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APPOINTMENTS TO BOARD OF HEALTH, PLUMBING BOARD OF EXAMINERS AND BOARD OF EXAMINERS
OF ELECTRICIANS
Comm. Wright moved, seconded by Comm. Taylor, 1:hat the following committee appoint-
memts be made:
Ms. Roma Lee Hall Board of Health - Term expiring 12/31/76
E. G. Vereen, Jr. Plumbing Board of Examiners - Term expiring 12/1/78
G. W. Graves Board of Examiners of Electricians - Term expiring 2/16/78
W. B. King Board of Examiners of Electricians - Term expiring 2/16/78
Upon vote, the motion carried unanimously.
ADJOURNMENT
Comm. Alper moved, seconded'by Comm. Taylor, that the meeting be adjourned. Upon
vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 1:05 o'clock p. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, MARCH 1, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
March 1, 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.
Chm. Davis called the meeting to order.
Rev. Harold Crocker of Ogden Community Advent Christian Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, FEBRUARY 16, 1976
Comm. Wright stated that on Page 67, under "Di:3cussion on Reimbursement to Comm.
Wright for Trip to Raleigh", she would like it added in that one of the reasons for
the statement she made was because the Board did no': endorse her going to Raleigh when
they refused to write the letter she had requested l~arlier asking to appear before the
Property Tax Commission.
Comm. Alper moved, seconded by Comm. O'Shields, that the minutes of the Regular
Meeting of February 16, 1976, be approved as correc':ed. Upon vote, the motion carried
unanimously.
REPORT ON TREE PLANTING PROGRAM
County Extension Chairman, Durwood Baggett, reported to the Board on the Tree
Planting Program which had been approved by the Cownissioners. He stated that a total
of 19,300 seedlings were given out on February 6, 1976, between the hours of 8:30 a. m.
and 3:30 p. m. at a cost of $637.20. He felt that the program was successful and hoped
to give an even larger variety of seedlings next year.
RECOGNITION OF MRS. REBECCA HALL UPON HER RETlREMEN~r FROM NEW HANOVER COUNTY
Chm. Davis presented to Mrs. Hall a medallion of the New Hanover County Seal and
expressed appreciation for her services to the Count:y from 1944 to 1976.
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