1976-03-15 Regular Meeting
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MINtTTES OF REGULAR MEETING, MARC~ 1, 1976 (CONTINUED)
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Taylor, that the meeting be recessed to
Executive Session to discuss personnel matters and committee appointments. Upon vote,
the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
Chm. Davis recessed the meeting to Executive Session at 12:25 o'clock p. m.
Chm. Davis reconvened the meeting to Public SeEsion at 12:35 o'clock p. m.
APPOINTMENTS TO CAROLINA BEACH PLANNING AND ZONING COMMISSION AND LOWER CAPE FEAR WATER
AND SEWER AUTHORITY
Comm. Taylor moved, seconded by Comm. Wright, t.hat Mr. Dick Levers be appointed
to the Carolina Beach Planning and Zoning Commission for a three-year term expiring
March 31, 1979,and that Mr. Michael C. Brown be reafpointed to the Lower Cape Fear
Water and Sewer Authority for another six-year term expiring March 31, 1982. Upon vote,
the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
ADJOURNMENT
Comm. Wright moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
Chm. Davis adjourned the meeting at 12:35 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 15, 1976
ASSEMBLY
The New Hanover County Board of Commissioners ffi=t in Regular Session on Monday,
March 15, 1976, at 9:00 o'clock a. m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners George E. Al:?er; Claud 0' Shields, Jr.; William C.
Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; Carter
Lambeth of the County Attorney's Office; and Clerk to the Board, Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
Rev. D. E. Parkerson of Temple Baptist Church offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, MARCH 1, 1976
Comm. Wright stated that on Page 70 under "Discussion on Budget Funding for Board
of Education", she would like it included that she ha.d said she thought the Board should
take a closer look at the school appropriation; and on Page 72 under "Discussion of
Proposed Policy on Storm Drainage Improvements", it Ghould be noted that the concensus
of the majority of the Board was that the Board should ask for legislation next year
that would allow the County to set up districts to ~)te on drainage improvements.
Comm. Alper moved, seconded by Comm. O'Shields, that the minutes of the Regular
Meeting of March 1, 1976, be approved as corrected. Upon vote, the motion carried
unanimously.
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED)
APPROVAL OF FUNDING CHAMBER OF COMMERCE TOURISM PROMOTION EFFORT
Mr. J. M. Schwartz, Mr. Kenneth Sprunt and Mr. Var. Reid appeared before the Board
on behalf of the Chamber of Commerce, along with repreE:entatives of the beaches and others
interested in the tourism promotion program. Mr. Sprur.t gave a report on a travel survey
of the area and stated that the Chamber felt it was thE: responsibility of the County
to help promote tourism. He also reported on other prc'j ects planned by the Chamber and
requested that the County allocate $15,750 to be used before June 1, 1976, for these
programs.
Comm. O'Shields moved to approve the request for $15,750.
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Comm. Alper stated that he would support Mr. O'Shields motion if he would amend
said motion eliminating the $5,500 to be used for the proposed bicycle race.
Chm. Davis asked if there was anyone present to speak for or against the matter
and Mr. Darryl Wiley, representing the Sierra Club, spoke against the request for funds
and Mr. John Montgomery, a local motel owner, spoke for the allocation of the funds.
Comm. O'Shields withdrew his motion and made another motion seconded by Comm.
Alper, that funds in the amount of $10,250 be allocated to the Wilmington Chamber of
Commerce for the Tourism Promotion Program. Upon vote, the motion carried as follows:
voting Aye: Comm. Alper, O'Shields and Taylor
Voting Noe: Comm. Wright and Chm. Davis
County Manager Eller stated that a budget amendment would be necessary to account
for the funds.
Comm. Taylor moved, seconded by Comm. Alper, that $10,250 be appropriated to the
Revenue Account, Local Sales Tax, Acct. #16 345 00 and ~ppropriate the same amount to
the Non-Tax Advertising, Acct. #16 575 27. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Taylor
Voting Noe: Comm. Wright and Chm. Davis
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PUBLIC HEARING
Notice had been published in the Wilmington Star-Nt:~ws on February 28, 1976, and
March 6, 1976, that a Public Hearing would be held by t~e Board of Commissioners of
New Hanover County on Monday, March IS, 1976, at 9:30 A.. H. in the New Hanover County
Commission Building, 14 North Third Street, Wilmington, North Carolina.
REZONING OF PROPERTY LOCATED ON THE SOUTH SIDE OF BREN'I'l'lOOD DRIVE APPROXIMATELY 200
FEET vlEST OF CASTLE HAYNE ROAD (U. S. HWY. 117) FROM R-15 (RESIDENTIAL DISTRICT)
TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #9A
Mr. Richard A. Fender, Planning Director, appeared, before the Board and reported
that this request was heard at the Planning Commission raeeting of February 4, 1976,
and the Commission approved a modification of the original request. The Planning
Staff had recommended denial of the original and modified petition.
Chm. Davis asked if there was anyone present to speak for or against this rezoning
request.
Mr. Dumay Gorham, attorney for the petitioner, appeared to ask that this rezoning
request be approved. He stated that the property had been used for years as commercial
property and that the rezoning would enable the tract to continue being used as it had
been used in the past. It would bring the area under a unified zoning.
Mr. Vernon Mishau, the owner of the property, and Hr. C. S. Newton appeared to
request that the rezoning be approved.
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No one appeared in opposition to this rezoning request.
Comm. Alper moved, seconded by Comm. Wright, to accede to the request and that the
Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map
of Zoning Area #9A of New Hanover County, North Carolina adopted July 1, 1972" be
adopted. Upon vote, the motion carried as follows:
Voting Aye:
Voting Noe:
Comm. Alper, O'Shields, Wright and Chm. Davis
Comm. Taylor
A copy of this Ordinance as adopted and signed is contained in Zoning Ordinance
Book I, Section #9A, Page 16.
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED)
DENIAL OF REZONING PROPERTY LOCATED JUST SOUTHEAST OF THE INTERSECTION OF ROSS MORE
ROAD AND NORTH KERR AVENUE FROM R-15 (RESIDENTIAL DISTRICT) TO I-I (INDUSTRIAL DISTRICT)
IN ZONING AREA #8B
Planning Director, Richard Fender, stated that this request was heard by the Plannin<
Commission at the meeting of February 4, 1976, at which time they recommended approval
with modifications to the original petition. The Planning Staff had recommended denial
because of the creation of an unnecessary industrial district that was totally sur-
rounded by residential usage.
Chm. Davis asked if there was anyone present to speak for or against this rezoning.
Mr. Paul DeFoggi, Jr. and Mr. Paul DeFoggi, Sr., owners of the property appeared
to request that the rezoning be approved and explained their position on the matter
stating that the rezoning was necessary in order to expand their existing business.
Mr. Herbert Fisher and Mr. H. C. Wallace, of Coastal Realty, and Mr. George Young.,
a resident of the area appeared to speak against the rezoning.
Comm. O'Shields moved, seconded by Comm. Alp~r, approval of the rezoning upon
the recommendation of the Planning Commission. Upon vote, the motion was defeated as
fo llows :
Voting Aye: Comm. Alper and O'Shields
Voting Noe: Comm. Taylor, Wright and Chm. Davis
APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION TO DENY REZONING OF ProPERTY LOCATED
JUST EAST AND WEST OF THE iNTERSECTION OF MIDDLE ~)OUND ROAD AND MARKET STREET (U. S.
HWY. 17) FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #8B
planning Director, Richard Fender, reported 1:hat the Planning Commission had con-
sidered this rezoning request at its meeting of February 4, 1976, and both the planning
Commission and Planning Staff had recommended denial.
A letter received from the attorney for the petitioner prior to this me@tingc:r::equeste
that this case be continued to the next regular mE!eting of the Board as he would not be
able to be present to represent his client.
Comm. Wright moved, seconded by Comm. Taylor. that this rezoning request be con-
tinued until the next regular meeting of the Board. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis
Temporarily Absent: Comm. O'Shields
REPORTS ON CITIZENS PARTICIPATION IN NEW HANOVER COUNTY PLANNING PROGRAM
Planning Director, Richard Fender, stated that when the citizens participation
program was formed one of the stipulations was tha.t the Planning Department report to
the Commissioners at the end of the year with a review of the program at which time the
Board was to decide whether or not to continue the program. He also commended Mr.
Bill Farris, Assistant Director of Planning, who was in charge of the program and
Mr. Scott Redinger and Mr. Mike Hargett, interns, for the work they had done on the program
Mr. Bill Farris appeared before the Board to give the background of the program
and explained the citizen involvement and their objectives.
The following persons appeared before the Board and gave reports on the programs
in their respective districts:
Mrs. Karen Gottovi
Mr. Ted Glod
Mr. D. A. Malpass, Sr.
Mr. Dick Levers
Mrs. Robert van Luyn
Mr. Wolfgang Stier
Dr. Charles Graham
Bradley Creek Planning District
Castle Ha~ne Planning District
FlemingtoJ1 District
Pleasure Island District
Wrightsbo~o District
Masonboro District
Middle Sound District
It was the concensus of the majority of the p,'!ople present that the program had
been beneficial and should be continued. (See Page 88 for correction.)
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MINUTES OF REGULAR MEETING, MARCH' IS, 1976 (CONTINUED)
CITIZENS PARTICIPATION PROGRAM (CONTINUED)
Mr. Bill Farris reported on the comments received from Coastal Resources Commission
on the draft of Land Use Plan that had been submitted to them.
COUNTY ATTORNEY FOX ARRIVES AT MEETING
The County Attorney, James C. Fox, arrived and was present for the rest of the
meeting and Mr. Lambeth left.
FINAL PLAT APPROVAL - PINE VALLEY ESTATES, SECTION 23-A
Mr. Harry Oakes of the Planning Department presented the final plat of pine Valley
Estates, Section 23-A for approval. He stated that a pre~iminary plat was approved by
the Subdivision Review Committee on January 26, 1976, and'final plat approval of Section
23-A was granted by the Planning Commission on February 2J, 1976.
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Comm. O'Shields moved, seconded by Comm. Taylor, approval of the final plat of Pine
Valley Estates, Section 23-A. Upon vote, the motion carrfed unanimously.
APProVAL OF ROAD CLOSING ORDINANCE
Mr. Harry Oakes, Staff Planner, presented to the Board a final draft of the proposed
Road Closing Ordinance for New Hanover County along with ~opies of the application and the
official procedure to follow. He stated that the Ordinance was simply to expedite the
process of removing public easements and roads from dedic~tion and would let the ptililic
know the requirements and procedure for doing this. .
Comm. Alper moved, seconded by Comm. O'Shields, that the procedures outlined by the
Planning Department be approved and that the following Ordinance be adopted:
AN ORDINANCE ESTABLISHING PROCEDURES FOR APPLYING
FOR THE CLOSING OF PUBLIC ROADS AND EASEMENTS
WITHIN NEW HANOVER COUNTY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY, NORTH
CAROLINA, AS FOLLOWS:
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Section 1. The provisions of this Ordinance ar~ adopted under authority
granted by North Carolina General Statute 9153 A-121 et. seq.
Section 2. This Ordinance shall govern the application for the closing
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of any public road or easement within New Hanover COlmty and not within a city,
except public road or easements for public roads under the control and super-
vision of the Board of Transportation, such closing to be pursuant to North
Carolina General Statute s153A-241. I
Section 3. This Ordinance shall be known as the Road Closing Ordinance of
New Hanover County, North Carolina, and may be cited as the Road Closing Ordinance.
Section 4. The proposed Closing of any public ~oad or easement, as defined
in North Carolina General statute s153A-2 39, may be :~ni tiated by the Board of
Commissioners, or any agencies thereof, the Wilmingt?n-NeW Hanover Planhing
Commission,- or by anyone or more interested parties~ The'latter shall initiate
a proposed closing by'filingan application and peti~ion with the Planning Com-
mission. .
Section 5. An application for the closing of illlY public road or easement
within New Hanover County shall contain the name and address of the petitioner(s),
the official name, if any, of the public road proposed to be closed, the metes
and bounds description of the road or easement, or portion thereof, proposed to be
closed, the name and address of ~ll property owners ~ldjoining such metes and
bounds description of said public road or easement a:3 shown on the New Hanover
County tax records, as extended in each direction thbrefrom to the next ensuing
intersection of said road with another public road o~ to its termination.
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Section 6. A petition shall be attached to the application containing the
names, addresses and signatures of all the property owners adjacent to the
right-of-way requesting the road closing, as shown on the New Hanover County Tax
records.
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MINUTES OF REGULAR MEETING, MARyH 15, 1976 (CONTINUED)
ROAD CLOSING ORDINANCE (CONTINUED)
Section 7. A fee shall be paid to the Co~mty of New Hanover, North Carolina,
by the petitioner or the d~signated representative of the petitioners, upon
final action by the County ,Commissioners, to cover the cost of advertising
and other administ:rative expenses involved for the closing of a public road,
passageway or easement.
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Section 8. The Planning Commission shall consider and make recommendations
to the Board of County Commissioners concerning each proposed closing.
Section 9. After receiving the recommendations of the Planning Commission,
the Board of Count:y Commissioners may permanently close such public road or
easements, pursuant to and in conformity with North Carolina General Statute
13153A-241.
Upon vote, the Ordinance entitled "An Ordinance Establishing Procedures for
Applying for the Closing of Public Roads and Easements Within New Hanover County"
was unanimously adop~ed.
A copy of the Ordinance is on file with the Clerk to the Board 'and_the procedure
to follow is on file in the County Engineer's Office and the County Manager's Office.
RESOLUTION FOR INSPECTION OF CITY/COUNTY PROPERTY
The Commissioners were requested to adopt a Resolution similar to the one adopted
by the Wilmington City Council which provided that the City Building Inspector and
the City Electrical Inspector were to inspect all city-owned buildings in New Hanover
County and the County Buildi~g and Electrical Inspectors were to inspect all county-
owned buildings within the City of Wilmington. County Plumbing Inspectors would
continue to inspect all plumbing installations in the County.
Chm. Davis moved, seconded by Comm. Taylor, that the following Resolution en-
titled "Resolution of the Board of Commissioners of the County of New Hanover, North
Carolina, Requesting the city Building Inspector and. the City Electrical Inspector
to Inspect all City Owned Buildings Located within New Hanover County" be adopted:
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RESOLUTION OF
THE BOARD OF COMMISSIONERS OF TH2: COUNTY OF
NEW HANOVER, NORTH CAROLINA, REQJESTING THE
CITY BUILDING INSPECTOR AND THE CITY EL'2:CTRICAL INSPECTOR
TO INSPECT ALL CITY OWNED BUILDING:) LOCATED WITHIN NEW HANOVER COUNTY
WHEREAS, the County Commissioners of New Hanover County and the City Council
of Wilmington believe it would be to the best interest of both 'bodies for the
County Building Inspector and the County Elect:cical Inspector to inspect all
county-owned buildings inside the corporate limits of the City of Wilmington
and the City Building Inspector and the City Electrical Inspector to inspect
all city-owned buildings in the County of New Hanover, and the County Plumbing
Inspector to inspect all plumbing installation:~ in the County of New Hanover;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE COUNTY OF NEW
HANOVER AT A MEETING ASSEMBLED ON THIS 15TH DAY OF MARCH, 1976, AS FOLLOWS:
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That by authority of General Statutes 91601\-413 the County
Building Inspector and the County Electrical Inspector will
be responsible for inspecting all county-o\med buildings with-
in the corporate limits of the City of Wilnington and the
Board of Commissioners of New Hanover Count:y goes on record
requesting the City Building Inspector and the City Electrical
Inspector to inspect all city-owned buildings within New
Hanover County and the County Plumbing Inspector to inspect
all plumbing installat-i-ons in the County of New Hanover.
The foregoimresolution was adopted at the meeting aforesaid.
Upon vote the Resolution was adopted as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED)
LUNCH BREAK
Chm. Davis recessed the meeting for lunch from 12:25 o'clock p. m. to 1:20 o'clock
p. m.
DISCUSSION ON SEPARATE ELECTION OF THE CHAIRMAN OF THE BOARD OF COMMISSIONERS
Comrn. Wright had requested that the Board discuss the provision in G~ S. S153A-58,
Paragraph 4, which allows for a separate election of t~e Chairman of the Board of
County Commissioners. She stated that upon checking with the County Attorney, it
was understood that it would be necessary that this matter be voted on by the public.
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Comm. Wright moved that the issue of a separate election for Chairman of the
Board of Commissioners be placed on the ballot in Novelnber for the public to decide
whether or not they want the Chairman elected separate'Ly and the ballot be worded so
that the Chairman would be elected for a two-year term. She stated that her motion
concerned nothing whatsoever with the other Board memb.'!rs or their terms of office.
Comrn. Alper stated that he felt that this would hi;! a disruptive move on the part
of the Board. He felt that the Commission as it was presently constituted and its
pattern of operation had been effective and should remain as it has been in the past.
He felt that the Board was elected by the public and wilen a Chairman was elected by
the Board, it was the public's voice.
Comm. Wright stated that under her proposal the majority of the Board could
change every two years and in that way would be more responsible to the public.
Chm. Davis seconded Comm. wright's motion, and upon vote, there was tie as
follows:
Voting Aye: Comm. Wright and Chm. Davis
Voting Noe: Comm. Alper and Taylor
Comm. O'Shields moved that the item be tabled until more information could be
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obtained.
County Attorney Fox stated that the tabling motirnl was not in order since the
vote had already been called.
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Comm. O'Shields then voted"noe"on Comm. Wright's notion, thus defeating the motion.
It was agreed that the matter would be on the agenda for the next meeting with the
wording as it should appear on the ballot.
DISCUSSION ON EXPANSION OF THE COUNTY COMMISSION TO 7 rmMBERS
Chm. Davis explained that his reason for requesting consideration of expansion
of the Board was that there could be specialized subco~~ittees in various functions
permitting more involvement by elected officials. He cllso felt that a popularly
elected Chairman would work well in this regard and that the Commissioners should be
elected at large from the County.
Chm. Davis moved to place this matter on the ballc.t in November along with the
question 'of separate election of the Chairman.
Chm. Davis then withdrew his motion.
Comm. O'Shields moved, seconded by Chm. Davis, tha.t it be tabled until the meeting
at which the matter of the popular election of the Chairman would be discussed. Upon
vote, the motion was defeated as follows:
Voting Aye: Comrn. O'Shields and Chm~ Davis
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Voting Noe: Comm. Alper, Taylor and Wright
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Comm. Wright moved, seconded by Comm. Taylor, that placing of the matter of ex-
pansion of the County Commission on the ballot in November be denied. Upon vote, the
motion carried as follows:
voting Aye: Comrn. Alper, Taylor and Wright
Voting Noe: Comm. O'Shields and Chm. Davis
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MINUTES OF REGULAR MEETING, MARSH 15, 1976 (CONTINUED)
DENIAL OF FUND REQUEST FOR NEW HOPE DAM LITIGATION
Cunilierland County had requested that New Hanover County, among others, include
funds in its 1976/77 budget to ~ssist in the continuation of the New Hope Dam
Litigation.
County Attorney Fox stated that he represented New Hanover County, the city of
Wilmington, Pender, Brunswick and Columbus Counties in this matter and he gave some
of the background of the case.
Chm. Davis moved, seconded by Comm. Taylor, that in light of the fact that New
Hanover County has been sustaining its own counsel that this request for funds be
turned down. Upon vote, the motion carried unanimously.
RESOLUTION ENDORSING HR 9719
The Commissioners had been requested to adopt ~ Resolution similar to the one
adopted by the Land of Sky Regional Council in support of Federal legislation to
increase payments by the Federal Government to Local Governments, in lieu of taxes
which would be levied on Federal property were it not exempt.
Chm. Davis moved, seconded by Comm. O'Shields, that the following Resolution
endorsing HR 9719 be adopted:
RESOLUTION
REGARDING INEQUITIES OF 'rHE
NATIONAL FOREST SERVICE'S LAND POLICIES
WHEREAS, the National Forest Service holds significant acreage in many
North Carolina counties;, and
WHEREAS, the income from such National Forest Service land is signi-
ficantly below local tax revenue at fourteen cents (.14) per acre; and
WHEREAS, National Forest Service lands in North Carolina counties
constitute a serious economic liability for local governments under cur-
rent policies.
NOW, 'I'HEREFORE, BE IT RESOLVED that the Boa.rd of Commissioners of
New Hanover County hereby expresses its concern about the inequity of
current National Forest Service land policies :celative to reimbursement
to local tax losses; and
FURTHER, BE IT RESOLVED that the Board of Commissioners notify its
Congressional delegation of the Board's endorsement of H. R. 9719 payments-
in-lieu bill, which was recently approved unan:~mously by the House Interior
Subcommittee on Energy and Environment.
Signed this 15th day of March, 1976.
Upon vote, the Resolution was unanimously adopted.
APPROVAL OF COLLECTOR OF REVENUE FOR THE r-uNTH OF FEBRUARY 1976
Comm. Wright moved, seconded by Chm. Davis, that the Report of the Collector of
Revenue for the month of February, 1976, be approved. Upon vote, the motion carried
unanimously.
A copy of this report is contained in Exhibit Book III, at Page 62.
TRANSFER OF FUNDS - TAX DEPARTMENT
The County Manager explained that due to the increased cost of the tax office
audit and the services of the local appraisers who a.ssisted the Board of Equalization
and Review, the Commissioners were requested to approve the transfer of the following
amounts which total $2,411 to Professional Services, Acct. #11 450 04:
Transfer from:
Acct. #11 450 54 - Insurance and Bonds
Acct. #ll 450 14 - Travel
Acct. #11 450 10 - Auto Allowance
Acct. #11 450 27 - Advertising
$ Ill.
800.
1,000.
500.
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED~
TRANSFER OF FUNDS - TAX DEPARTMENT (CONTINUED)
Comm. Alper moved, seconded by Comm. Taylor, thai: the transfer of funds be approved
as requested. Upon vote, the motion carried as follo\>ls:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
BUDGET AMENDMENT - GROUP CARE HOME ~
Group Care Home had received an extension of its grant to cover the remainder of )
the Fiscal Year. There were no County funds involved in this project. The Commissioners .
were requested to amend the budget by appropriating the sum of $11,556 to Revenue Item,
Federal Grants - Group Care Home, Acct. #11 349 14, and by appropriating the sum of
$642 to the Revenue Item, State Grants - Group Care Home, Acct. #11 350 14. The sum of
$12,198 should be appropriated to the Expenditure Acct:., Group Care Home, Acct. #11 660 63.
Comm. Wright moved, seconded by Comm. Alper, that, the amendment be approved as
requested. Upon vote, the motion carried unanimously.
BUDGET AMENDMENT - LEGION STADIUM
In order to properly account for the funds to be contributed by the City of Wilmington
toward the Legion Stadium Improvements, the Commissioners were requested to approve
the following budget amendment:
Revenue Sharing
Dr. Acct. #56 336 00 - Assessments Other Governments
Dr. Acct. #56 299 01 - Unappropriated Fund Balance
Cr. Acct. #56 575 73 - Capital Outlay - Other Improvements
The $40 was for an overrun cost on engineering services.
Upon motion by Comm. O'Shields, seconded byComm. Alper, the Legion S~adium
Amendment was unanimously approved as requested.
TRANSFER OF FUNDS - JUVENILE SERVICES
The Commissioners were requested to
Professional Services, Acct. #11 522 04,
of this transfer was to provide funds to
and not worth repairing.
$26,000
40
26,040
Budget
approve transferring the sum of $200 from
to Equipment, Acct. #11 522 74. The purpose
replace a vacuum cleaner which was inoperable
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Comm. Wright moved, seconded by Comm. Alper, that the funds be transferred as
requested. Upon vote, the motion carried unanimously.
BUDGET TRANSFER - MUSEUM
The Commissioners were requested to transfer $200 from Contracted Services,
Acct. #11 625 45, to Maintenance and Repair - Equipment, Acct. #11 625 16. The
purpose of this transfer was to provide funds for repairs to the boiler and a main-
tenance contract on the burglar alarm.
Comm. Alper moved, seconded by Comm. Wright, that the transfer be approved as
requested. Upon vote, the motion carried unanimously.
BUDGET AMENDMENTS - SOCIAL SERVICES
County Manager Eller reported that he had been advised by Miss Hall, Director
of Social Services, that in order to have sufficient funds to complete this fiscal
year, the Special Assistance for adults will require a1. additional $27,610. This
additional money is required due to two increases having gone into effect for boarding
home rates during this fiscal year.
Miss Hall had also advised that the Medicaid AccO'lnt would require an additional
$31,825 of County money. This was a result of 1) the .June 1975 payment had been late f\..
in arriving at the County and was Subsequently charged to this fiscal year; and 2) ef- )
fective September 1975, Counties were required to pay i:he premiums to health assistance
rather than paying actual medical expenses.
In order to provide the necessary funds for these two accounts, the following
budget amendments were recommended:
1. Dr. Acct. #41 350 04 - General Assistance (Revenue) $13,805
Cr. Acct. #41 610 09 - General Assistance (E~)enditure) $27,610
Dr. Acct. #41 610 07 Med. Aid. Indigent (E~)enditure) 13,805
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MINUTES OF REGULAR MEETING, MARC~ 15, 1976 (CONTINUED)
BUDGET AMENDMENT - SOCIAL SERVICES (CONTINUED)
2.
Dr. Acct. #41 610 06
Cr. Acct. #41 350 09
Cr. Acct. #41 610 05
- Boarding Homes (Expenditure
Boarding Homes (Revenue)
Medicaid (Expenditure)
$ 45,464
$14,639
31,825
Comm. Taylor moved, seconded by Comm. Alper, that the budget amendments for the
Social Services Department be approved as requested. 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
APPROVAL OF TAX DEPARTMENT ABATEMENTS AND REFUNDS
County Attorney Fox reported that he had reviewed the list of abatements and
refunds from the Tax Department and found them to be in order.
Comm. Alper moved, seconded by Comm. O'Shields, that the list of abatements and
refunds presented by the Tax Department be approved and that $871 be transferred from
Contingencies, Acct. #11 445 61, to Tax Refunds, Acct. #11 450 60, to cover the refunds.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
A copy of this list is contained in Exhibit Book III, at Page 63.
BUDGET AMENDMENT - HEALTH DEPARTMENT
The Contract for the school health program as finally approved by the State was
$187 more than anticipated at budget time. In order to account for these additional
funds and permit the expenditure of the additional amount, the Commissioners were re-
quested to appropriate $187 to the Revenue Item - School Health Program, Acct. #44 361
. and appropriate the same amount to the Expenditure Item - School Health, Acct. #44 590
Comm. Alper moved, seconded by Comm. Wright, that the budget amendment be approved
as requested. Upon vote, the motion carried unanimously.
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68.
EASEMENT TO CAROLINA POWER & LIGHT CO. FOR ELECTRIC LINES TO RADAR TOWER
Comm. Alper moved, seconded by Comm. O'Shields, approval of an Easement to Carolina
Power & Light Company for installation of electric lines to serve the new radar tower
at the Airport. Upon vote, the motion carried unanimously.
A copy of this easement is on file in the Count~ Manager's Office.
DONATION OF OBSOLETE LAW BOOKS TO NORTH CAROLINA CENTRAL UNIVERSITY
Mrs. Stanley, who was in charge of the County L~w Library, had advised that there
was a complete set of La.wyers Reports and Lawyers Reports Annotated for the years 1894 -
1920 that were obsolete and also a set of the Federal Digest from 1754 through 1941.
Mrs. Stanley had determined that N. C. Central University would like to have these.books
and would arrange to pick them up. The Commissioners were requested to concur in this
donation.
County Attorney Fox advised that the Federal Digest was still an active part of the
Library and should be kept even though it would prob3.bly not be used much.
Chm. Davis moved, seconded by Comm. Alper, that the Lawyers Reports and Lawyers
Reports Annotated for the years 1894 - 1920 be donab~d to North Carolina Central University.
upon vote, the motion carried unanimously.
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BUDGET AMENDMENT - JUVENILE SERV.ICES CENTE~
Comm. O'Shields nloved, seconded by Comm. Alper, appropriation of $141 to Miscel-
laneous Revenue, Acct. #11 335 00, and appropriation of the same amount to Equipment,
Acct. #11 522 74, to account for a donation received for the purpose of purchasing a
ping pong table for the Juvenile Services Center. Upon vote, the motion carried
unanimously.
APproVAL OF FIREWORKS DISPLAY AT LEGION STADIUM ON JULY 4TH
Comm. Wright moved, seconded by Comm. Taylor, ~?proval of a fireworks display
at the Legion Stadium on the 4th of July as requested by the Parks and Recreation
Department with the understanding that they have the proper insurance coverage. Upon
vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED)
APPROVAL OF CHANGE ORDER - LAW ENFORCEMENT CENTER
The Commissioners were requested to approve a chanqe order to the contract with
Davidson and Jones reducing the total amount of the con~:ract by $2,120.
Comm. Alper moved, seconded by Comm. O'Shields, approval of the Change Order as
submitted by Ballard, McKim and Sawyer. Upon vote, the motion carried unanimously.
TRANSFER OF FUNDS - DISTRICT ATTORNEY
Comm. O'Shields moved, seconded by Comm. Taylor, approval of the transfer of the
sum of $200 from Salaries and Wages, Acct. #17 471 02, 1:0 Miscellaneous Expense,
Acct. #17 471 57, as requested by the District Attorney to provide funds for the
purchase of miscellaneous office supplies. Upon vote, 1:he motion carried unanimously.
j:
APPROVAL OF RESOLUTION FOR ADDITION TO STATE SECONDARY H.OAD SYSTEM
Comm. O'Shields moved, seconded by Comm. Wright, approval of the following reso-
lution requesting addition to the state system of Windemere Rd. (between Camberly Rd.
and Spartan Rd.) in Windemere Section 3 and 8; Brierwood Rd., Blackberry Rd., Dewberry
Rd., Raspberry Rd., Blueberry Rd., Loganberry Rd." Huckleberry Rd. all in Brierwood
Subdivision; and Berwick Dr., McGregor Dr. and Kerry Dr.. in Sections I, II and III of
Highland Dunes Subdivision:
REQUEST FOR ADDITION'
TO
STATE MAINTAINED SECONDARY ROAD SYSTEM
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover request~_ng that the above de-
scribed roads, the locations.of which have been indicated in red on the attached
map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described roads should be added to the Secondary Road System, if the roads
meet. minimum standards and criteria established by the State Highway Commission
for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of the
County of New Hanover that the State Highway CommiE:sion is hereby requested to
review the above described roads, and to take over the roads for maintenance if
they meet established standards and criteria.
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Upon vote, the Resolution was unanimously adopted.
DISCUSSION ON APOLOGY TO SHERIFF'S DEPARTMENT
Comm. Wright moved that the Commissioners apologiZE to the men of the Sheriff's
Department for the unfortunate information that had bee~ disseminated about them and
express confidence in them and their department.
Chm. Davis stated that he had felt that no charges had been leveled against the
Sheriff's Department in any way and he was extremely disappointed that the matter
ended up getting into a "donnybrook". He felt that he v;as the only one involved
in it and he had not said anything about the Sheriff, his department, his men or the
jail concerning the quality of the law enforcement thay had given other than that the
County had a fine Sheriff and fine Sheriff's Department and that there was no slight
intended to the Sheriff's Department.
Comm. Wright stated for the record that last Monday morning she was in this
office and talked with Chm. Davis and County Manager Eller for ten minutes or more,
then walked back to the coffee room; John Coggins and Lee Weisbecker were there
and she talked with them. Chm. Davis came back into the room while she was there
and at no time that morning was any type of a survey ever mentioned. The first she knew
that it was even being done was that night when she had ,a call from the Sheriff because
he had been contacted by the press. She felt that if Ch~. Davis had no intention of having
it blown into a big issue it would have been handled in the proper manner and brought
to the rest of the Board and let them know that it was ~~ming out or he should have
said something to her that very same morning when she was right in the office and
talked with him and it came out later that day. She wanted to know why it was handled
in that manner if he did not want it blown up out of proportion, and why were the other
Commissioners not told of the survey. She felt it was h'andled very poorly.
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Comm. Taylor seconded Comm. Wright's motion for an ~pology and expression of
confidence.
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MINUTES OF REGULAR MEETING, MARCH 15, 1976 (CONTINUED)
DISCUSSION ON APOLOGY TO SHERIFF~S DEPARTMENT (CONTINUED)
After further discussion, Comm. Taylor made a substitute motion, seconded by
Comm. Alper, to give the Sheriff';g Department a vote of confidence as an apology
was not necessary. Upon vote, the motion carried unanimously.
Comm. Wright moved that the Board ask chm. Davis to do a study of the School
Department and its expenses. The motion died for lc.ck of a second.
Comm. O'Shields moved to go on record as favoring the School Board to levy
their own taxes which he thought would change the whole program. The motion died
for lack of a second.
Comm. Wright moved that the Board ask the School Board to request to come out
from under the Federal Court Order concerning bussing. The motion died for lack of
a second.
Comm. 0' Shields moved that the whole idea be dl,'opped. The motion died for lack of
a second.
Comm. Wright moved that Chm. Davis ask the SShool Board to
study on their expenses per student for bussing,n'!or extra cost
which she considered were not necessary.
give the Board a
involved in courses
After further discussion, Cpmm. Alper seconded Comm. Wright's motion.
Comm. Wright outlined the items she felt the s1;udy should cover and Comm. Alper
suggested the Board wait until the budget was presented.
USE OF SUPERIOR COURTROOM AND COMMISSION CHAMBERS
County Manager Eller requested policy on the m;e of County buildings on a routine
basis.
By common consent, the matter was left to the discretion of the County Manager.
TRANSFER OF FUNDS - COUNTY ENGINEER
The Commissioners were requested to transfer $:_75 from Salaries, Acct. #11 540 02,
to Equipment Rent, Acct. #11 540 22, to cover the rEmtal of a transcriber by the
Enginnering Office while the Tax Department used thE! Engineering Department's transcriber
for the Board of Equalization and Review meetings.
Comm. Taylor moved, seconded by Comm. Alper, approval of the transfer as requested.
Upon vote, the motion carried unanimously.
INVITATION TO TOUR COUNTY
County Manager Eller reported that the County Development Panel had asked him to
invite the Commissioners to join a tour of New Hano',er County on April 6 to inspect
subdivisions, drainage problems and other items of interest.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Taylor, '::.hat the meeting be recessed to
Executive Session. Upon vote, the motion carried w1animously.
Chm. Davis recessed the meeting to Executive SI~ssion at 2:55 o'clock p. m.
Chm. Davis reconvened the meeting to Public Se'3sion at 2:56 o'clock p. m.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 2:56 o'clo~k p. m.
Respectfully submitted,
t2t!~-gCA_ Ie . ~'-t!~?-~
Alyce B. Br.)wn
Clerk to th= Board
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