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1976-10-04 Regular Meeting 1;:'. i/d I 201 ,., MINUTES OF REGULAR MEETING, SEPTEMBER 27, 1976 (CONTINUED) APPROVAL OF APPLICATION AND BUDGET AMENDMENT FOR CETA TITLE II FUNDS (CONTINUED) Appropriate as follows: CITY OF WILMINGTON Acct. #11 661 02, Salaries and Wages Acct. #11 661 05, FICA Acct. #11 661 06, Group Insurance Acct. #11 661 11, Telephone & Postage . Acct. #11 661 14, Travel Acct. #11 661 27, Advertising Acct. #11 661 54, Insurance TOTAL l._..'_> NEW HANOVER COUNTY Acct. #11 662 02, Salaries Acct. #11 662 05, FICA Acct. #11 662 06, Group Insurance Acct. #11 662 07, Retirement Acct. #11 662 11, Telephone & postage Acct. #11 662 14, Travel, Meetings & Schools Acct. #11 662 27, Advertising Acct. #11 662 32, Copying & Duplicating Acct. #11 662 54, Insurance $ 75,615 4,423 2,598 425 1,550 200 1,135 $ 85,946 $ 37,141 2,171 1,019 96 70 396 40 35 557 TOTAL $ 41,525 Comm. O'Shields moved, seconded by Comm. Taylor, approval of the application and the budget amendment for CETA Title II as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis . Absent: Comm. Alper ADJOURNMENT Comm. O'Shields moved, seconded by Comm. Taylor, 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 10:00 o'clock a. m. Respectfully submitted, ~/(3.~ Alyce B. Brown Clerk to th~ Board ab MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 . ASSEMBLY The New Hanover County Board of Commissioners Inet in Regular Session on Monday, October 4, 1976, at 9:00 o'clock a. m. in the Asseru)ly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Claud 0' Shi,~lds, Jr.; Vivian S. Wright; Chairman Peter R. Davis; County ~lnager Dan Attorney James C. Fox and Clerk to the Board, Alyce B. Brown. was absent. William C. Taylor; W. Eller; County Comm. George E. Alper Chm. Davis called the meeting to order. Rev. John Moulton of St. Paul's Episcopal Church offered the invocation. .~ r; ()2 MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 20, 1976 APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 27, 1976 Comm. O'Shields moved, seconded by Comm. Taylor, app:coval of the Minutes of the Regular Meeting of September 20, 1976, and the Special Meeting of September 27, 1976, as presented. Upon vote, the motion carried as follows: j Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper ~ I / WILMINGTON HARBOR IMPROVEMENTS Mr. Earl Merrill, Chief of Planning; Mr. Tom Swain, ':hief of Navigation Section; and Mr. Ben Kutscheid, Environmental Resources Branch, of the Corps of Engineers presented to the Commissioners a report on the proposed i~provements to the Wilmington Harbor to extend it farther up the Northeast Cape Fear River. Mr. Merrill reported that the estimated cost of the project would be $11,964,000 of which 91.4 per cent or $10,939,000 would be the Federal Share and the non-Federal share would be $1,025,000, or 8.6 per cent. He stated that at this point the County would not be asked to parti- cipate in the funding. Mr. Darryl Wiley of the Sierra Club offered his comments on the proposed project. PUBLIC HEARING Notice had been given that a public hearing would be held by the Board of Commis- sioners of New Hanover County on Monday, October 4, 1976, at 9:30 a. m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (HARRELSON'S MARINA) ON THE EAST SIDE OF MIDDLE SOUND LOOP ROAD APPROXIMATELY 500 FEET SOUTH OF BAILEY AVENUE FOR A MARINA IN ZONING AREA #3 Planning Director Richard Fender reported that this application had been considered at the Planning Commission meeting on September 1, 1976, and they recommended approval. The Planning Staff had recommended denial of the application. Mr. Fender gave the background of the case and explained the reasons the staff had recommended denial. ~ ; Chm. Davis asked if there was anyone present to spe~k for or against this application. Mr. Jimmy Lane and Mr. Linwood Thorpe spoke in favor of the Special Use Permit. Mr. Clyde W. Harrelson, Jr. appeared to present his request for Special Use Permit and read to the Board a petition signed by area property owners who had no objections to his request. Mr. Esso Clemmons appeared before the Board to protf!st the approval of the Special Use Permit and presented to the Commissioners a letter from the Department of Human Re- sources, Division of Health Services, concerning the san~.tary conditions of the waters in the area. This letter is contained in Exhibit Book IV, Page 2:1. The following persons also appeared in opposition to the Special Use Permit: Mrs. Connie Gillen Mrs. Horace Thompson Mr. Darryl Wiley Dr. Horace Thompson Mrs. Esso Clemmons Mr. Ralph Baldwin Spoke in favor of the Special Use Permit The commissioners offered their comments on the matter. ~i Comm. O'Shields moved, seconded by Comm. Taylor, to table the matter until the first meeting in November to allow the Commission to seek information from the State Department of Natural and Economic Resources and p)ssibly the Corps of Engineers as to the points of pollution in this area. Upon vote, .:he motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper ~ 203 ,., -:: ''i MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF VELVA DRIVE APPROXIMATELY 800 FEET NORTH OF OAKLEY ROAD FOR A MOBILE HOME IN ZONING AREA #lOA. Planning Director Richard Fender reported that the Planning Commission had con- sidered this applicati<lli for Special Use Permit at its meeting of September 1, 1976, and both the Planning Staff and Planning Commissior. recommended approval of the application. . Chm. Davis asked if there was anyone present to speak for or against this applica- tion and no one appeared in this regard. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and ap- proved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and 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 develop- ment for New Hanover County, Comm. Wright moved, seconded by Comm. O'Shields, that this Special Use Permit be issued based on the following conditions as recommended by the Planning Commission: 1. Plan as submitted with the application for Special Use Permit; and 2. That this Special Use Permit shall comply with all other supplemental regulations and requirements imposed by th~ Zoning Ordinance and any other applicable Federal, State or local ordinances. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper I. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOM'1ENDATION OF THE PLANNING COMMIS- SION TO DENY REZONING PROPERTY LOCATED ON THE SOUTH SIDE OF GORDON ROAD BETWEEN GLYN- WOOD ROAD AND SOUTHGATE ROAD FROM R-lO (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DIS- TRICT) IN ZONING AREA #8B. Planning Director Richard Fender reported that the Planning Commission had con- sidered this request at its meeting of September 1, 1976, and recommended by a vote of 7 to 1 against rezoning. The Planning Staff had also recommended denial. Mr. Fender gave the background on the staff recommendations on this matter. Chm. Davis asked if there was anyone present to speak for or against this re- zoning request. Mr. Carroll Spencer, the petitioner, appeared to request approval of his rezoning request. Mr. Herbert Fisher and Mr. H. C. Wallace, Rea11:ors, appeared to speak in favor of this request and no one appeared in opposition. Comm. Wright moved approval of the rezoning request. The motion died for lack of a second. Comm. O'Shields moved, seconded by Comm. Taylor, to go along with the staff recom- mendation for the time being since there was an area just around the corner which al- ready had a permit issued for a convenience store. Upon vote, the motion carried as follows: . Voting Aye: Comm. O'Shields, Taylor and Chm. Ilavis Voting Noe: Comm. Wright Absent: Comm. Alper .~ (/ :.( 04 MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) PUBLIC HEARING TO CONSIDER PROPOSED AIRPORT ZONING PL~ - PROPOSED ZONING AND REZONING TO ESTABLISH DISTRICT BOUNDARIES AND REGULATIONS OF THE AR (AIRPORT RESIDENTIAL) ZONE AND THE AI (AIRPORT INDUSTRIAL) ZONE FOR PORTIONS OF ZQNING AREA #9A, #lOA and #8B OF THE COUNTY AND PORTIONS OF THE CITY SOUTH OF SMITHS CREEK WITHIN THE VICINITY OF THE NEW HANOVER COUNTY AIRPORT. Mr. Tom Mathis of the Planning Staff presented the proposed Airport Zoning Plan to the Commissioners. He stated that the plan had beeq reviewed and approved by mem- bers of the Wrightsboro Planning District and also the:Airport Commission. I Chm. Davis asked if there was anyone present to speak for or against the proposed Airport Zoning Plan. ~ - Mr. Hugh Noffsinger, a local realtor, appeared before the Board to protest the AR Zoning north of the Airport. The following persons appeared to speak in favor of the proposed Airport Zoning Plan: Mr. Robert Moore Mrs. Audry Feenstra Mr. James McAllister Ms. Serilla James Mr. R. C. Shackelford, Jr., Asst. Airport Manager Mrs. Trudy Van Luyn Mr. C. A. Spencer offered his comments on the proppsed plan. Comm. O'Shields moved, seconded by Comm. Taylor, to adopt the proposed Airport Zoning Plan as outlined by the p~anning Department. Mr. Mathis pointed out that there were four ordinapces that would need to be approved and signed in order to outline the zoning area~ involved. , Mr. Herbert Fisher appeared to request the Board to consider the possibility of pyramid zoning in the Airport Zoning Area. f"\ Comm. O'Shields amended his motion, seconded by Co~rum. Taylor, to include the adoption of the following ordinances in order to accomplish the necessary zoning changes for the Airport Zoning Plan: "An Ordinance of the County of New Hanover Amendinq the Zoning Ordinance of New Hanover County, North Carolina, adopted October 6, 1969. ~ A copy of this Ordinance as adopted and signed is 90ntained in Exhibit Book, IV, ., Page 24. "An Ordinance of the County of New Hanover Establishing the Airport Zoning Area by Zoning an Unzoned Portion of the County and by Amending the Zoning Map of Zoning Area#lOA of New Hanover County, Nort:h Carolina, Adopted July 1, 1974." A copy of this Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section lOA: Page 11. "An Ordinance of the County of New Hanover Establi1:hing the Airport Zoning Area by Zoning an Unzoned Portion of the County and by amending the Zoning Map of Zoning Areas #8B, #9A and #lOA of New Hanover County, North Carolina, Adopted June 19, 1972, July 1, 1972, and July 1, 19.74, Respectively." A copy of this Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 8B, Page 9; Section 9A, Page 18; and Section lOA, Page 12. f\ "An Ordinance of the County of New Hanover Establishing the Airport Zoning Area by Zoning an Unzoned Portion of the County and By Amending the Zoning Map of Zoning Areas lt8B and #9B of New Hanover County, North Carolina, Adopted June 19, 1972, and July 1, 1972, Respectively." A copy of this Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 8B, Page 10 and Section 9B, Page 26. \ Upon vote, the motion carried as follows: I I I l Voting Aye: Comm. O'Shields, Taylor, Wright and Chn. Davis Absent: Comm. Alper /, () ;u"} .., ,- ,', MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) SALE OF OLD ACCOUNTING MACHINE Comm. Wright moved, secondedl'by Chm. Davis approval of the sale of an obsolete accounting machine described as N~tional - Model 33 .- 30" Carriage - Mfg. ID Number 33-1488-10 (28) to UNC-W for the amount of $50. Upon vote, the motion carried as follows: Voting Aye: Comm. Taylor, Wfight and Chm. Davi:; e Absent: Comm. Alper and O'Shields (Temporarily) AMENDMENT TO LEASE AGREEMENT - AIRPORT AIR TRAFFIC CONTROL TOWER The Lease Agreement covering the FAA's use of the tower at the Airport had expired on June 30, 1976. The FAA took beneficial occupancy of the new radar building on August 1, 1976, and a;new lease had been prepared combining the old lease and use of the new radar building. In order to cover the one-month gap, the FAA had requested that the termination date for the original agreement be changed from June 30, 1976, to July 31, 1976. Chm. Davis moved, seconded by Comm. Wright apPD)val of Supplemental Agreement No. 1 to Lease No. DOTFA66ATL-23 for the air traffic control tower at the Airport. Upon vote, the motion carried as follows: Voting Aye: Comm. Taylor, Wright and Chm. Davi:3 Absent: Comm. l\lper and O'Shields (Tempora:~ily) A copy of the Lease Agreement is on file in the County Manager's Office. BUDGET TRANSFER - MENTAL HEALTH At the September 7 meeting, the Commissioners approved a change order in the plumbing contract for the Mental Health Center. When this item had been originally presented to the Commissioners on August 2, the Coun~:y Manager had requested that the sum of $2,475.31 be appropriated from Unappropriated Fund Balance to the Expenditure Account, Capital Outlay - Building, Acct. #47 590 72. The County Manager requested ethat the Commissioners approve this transfer. Comm. Wright moved, seconded by Comm. Taylor, approval of the budget transfer as requested in the Mental Health Budget. Upon vote, the motion carried as follows: Voting Aye: Comm. Taylor, Wright and Chm. Davi:3 Absent: Comm. Alper and O'Shields (Temporarily) BUDGET AMENDMENT - SHERIFF'S DEPARTMENT The ABC Board was eligible to receive 4 police ranios through the LEAA Communica- tions Grant; however, under the terms of the grant, the radios would have to be pur- chased by the Sheriff's Department. In order to proqerly account for the local share of the cost of these 4 radios, the Commissioners ""ere requested to amend the budget by appropriating $278 to Revenue Acct. #11 333 00, Miscellaneous Revenue, and by appropriating that same amount to Acct. #11 510 7.2, Equipment, in the Sheriff's budget. The $278 was provided by the ABC Board. Comm.Taylor moved, seconded by Comm. Wright, ap:?roval of the budget amendment as requested in the Sheriff's Depa~tment budget. Up)n vote, the motion carried as follows: Voting Aye: Comm. Taylor, Wright and Chm. Davi:3 Absent: Comm. Alper and 0' Shields (Tempora:rily) . BUDGET TRANSFER - SHERIFF'S DEPARTMENT Comm. Wright moved, seconded by Comm. Taylor, approval of the transfer of $289 from Contingencies, Acct. #11 445 61, to Capital Outlay - Building, Acct. #11 510 72, in the Sheriff's Department Budget to cover the cost of the building at the new radio tower which had exceeded the budgeted amount. Upon 7ote, the motion carried as follows: Voting Aye: Comm. Taylor, Wright and Chm. Davi:3 Absent: Comm. Alper and 0' Shields (Tempora:rily) ,~ /' / ( (1.1)1" /, \ ) I MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) BUDGET TRANSFER - BUILDINGS AND GROUNDS The 1958 Ford Truck used to transport voting machines had to be completely overhauled, depleting the amount budgeted for MaintenanCE,! and Repairs to Autos and Trucks. The Commissioners were requested to transfer thE! sum of $1,000 from Maintenance and Repair - Buildings and Grounds, Acct. #11 535 15, to Maintenance and Repair - Autos and Trucks, Acct. #11 535 17, to complete FY 1976/77. I The Commissioners were also requested to transfer $~OO from Maintenance and Repair - Buildings and Grounds, Acct. #11 535 15, to Maintenance and Repair - Equipment, Acct. #11 535 16, because of extraordinary maintenance c~sts to mowing equipment. ~ ,~ ) Chm. Davis moved, seconded by Comm. Wright, approval of the transfer as requested in the Buildings and Grounds Budget. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Ch~. Davis 1 Absent: Comm. Alper AWARD OF THREE-YEAR CONTRACT FOR BANKING County Manager Eller reported that the three-year agreement with Wachovia Bank to furnish banking services to the County would expire on December 31, 1976. The Finance Officer had requested proposals from all the banks in the County on furnishing certain banking services to the County. The Commissioners had been furnished a tabula- tion of the proposals, and it was pointed out that NCNB and Wachovia were the most competitive. The County Manager and County Finance Officer recommended that the con- tract be awarded to Wachovia Bank based on the least cost to the County. A copy of the proposal tabulation is contained in Exhibit Book IV, Page 25. The following persons from Wachovia Bank & Trust Company appeared to explain their bid: Mr. Bob Shoffner, Vice-President Mr. Bill Joyner, Vice-President & City Executive Mr. Dan Ackley, Wachovia Services Corporation Mr. Tim Duff, Wachovia Services Corporation f\ Mr. Ed Kiser, Sr. Vice-President and City Executive of Waccamaw Bank & Trust Company, appeared before the Board to explain his bank's bid. Comm. Taylor moved to award the contract to Wachovia Bank & Trust Company. Mr. Bill Carter of NCNB appeared before the Board to clarify his bank's bid. Comm. Wright seconded Comm. Taylor's motion and upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper APPLICATION FOR STATE AND COUNTY FUNDING OF GROUP CARE HOJ'1E County Manager Eller reported that the N. C. Division of Youth Services had funds available to be used for providing community based alternatives to detention for dealing with juveniles categorized as status offenders. Under the terms of the grant, half of the funds would be provided by the State and half'by the County. Mr. Eller stated that these funds were available for a one year period only, and that the only completed application that had been received was from You~h Help. ~ ADMINISTRATION grant offer TABLING OF PRESENTATION OF GRANT OFFER FROM NATIONAL OCEAlUC AND ATMOSPHERIC Planning Director Richard Fender requested that his presentation of the from NOAA be tabled as all of the information had not arrived. Comm. Wright moved, seconded by Comm. Taylor, that this item be tabled as requested by Mr. Fender. Upon vote, the motion carried as follows:' Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. DAvis Absent: Comm. Alper ~ . . '. Ii I ,., . ! ( ) , i u _' I MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) APPLICATIONS FOR STATE AND COUNTY FUNDING (CONTINUED) Dr. Richard Tamisiea, Chairman of the Administ.rative Board of Group Care Homes, appeared before the Board to request funding for Group Care Homes under the program for status offenders through theN. C. Division of Youth Services. County Manager Eller reported that there were three programs that had indicated an interest in applying for these funds and the Task Force had set the priorities. He stated that the Commissioners could approve anyone or all of the applications for submission, but would have to state their priorities. Mr. John Hess, Executive Director of New Hanover Drug Abuse Committee, appeared to present a request for funds to be used for a temporary shelter care program. Mr. W. T. Childs explained the request for funds for foster care thrnugh the Department of Social Services. The following persons spoke in support of the Youth Help, Inc. request for Group Care Home funding: Ms. Elena Jones, Youth Help Board of Directors Ms. Linda Williams, Clinical Director of Youth Help Ms. Joyce Grossman, Youth Help, Inc. Chm. Davis moved, seconded by Comm. O'Shields, to earmark out of Contingencies priorities No.1 (Temporary Shelter Care, New Hanover Drug Abuse Committee, Inc.) and No.3 (Group Care Homes, Youth Help, Inc.) in Mr. W. T. Childs' letter of Septem- ber 30, 1976, to County Manager Dan Eller, and if these did not get funded the money would be returned to Contingencies. Upon vote, the motion tied as follows: Voting Aye: Comm. O'Shields and Chm. Davis Voting Noe: Comm. Taylor and Wright 'Absent: Comm. Alper Chm. Davis suggested that t,he people interested contact Comm. Alper and if he would be willing to approve the applications, a Special Meeting could be called for Thursday, October 7, at 8:30 a. m. APPROVAL OF ENGINEERING CONTRACT FOR AIRPORT RUNWAY STRENGTHENING PROJECT Mr. R. C. Shackelford, Jr., Assistant Airport\1anager, appeared before the Board to request approval of a proposed contract with John Talbert Associates, Inc. for engineering services in connection with the run'Nay strengthening project. The project had been approved by FAA. The County Manager explained that due to the mnount of time involved, it was felt that it would be better to contract with an outside engineering firm to do the job instead of having it done by County Engineer, ~)bert Williams, as was originally intended. He stated that 95% of the Engineer's fee would be paid for by the grant. Comm. Taylor moved, seconded by Comm. Wright, ,:lpproval of the Contract as recom- mended by Mr. Shackelford and Mr. Eller. Upon vote, the motion carried as follows: Voting Aye: Comm. 0' Shields, Taylor, Wright a:ld Chm. Davis Absent: Comm. Alper A copy of the contract is on file in the Count:r Manager's Office. REQUEST FOR ABATEMENT OF TAXES - FANNIE NORWOOD MEMORIAL HOME Mr. E. M. Butler appeared before the Board to J~equest abatement of 1974 and 1975 taxes for the Fannie Norwood Memorial Home stating 1:hat they had failed to apply for an exemption to which they were entitled. County Attorney Fox stated that it was necessary to have an application for exemption on property and that, in his opinion, it \muld not be possible for the Commissioners to abate the back taxes that were owed on the property as no application had been filed for exemption. ,~ ~()a MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) REQUEST FOR ABATEMENT OF TAXES - FANNIE NORWOOD MEMORIAL HOME (CONTINUED) Chm. Davis moved, seconded by Comm. Taylor, to table the matter until the meeting of October 18, in order for the County Attorney to get a J:uling from the Attorney General's Office or from the State Tax Commission on how 1:his could legally be handled. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper ,r\ . ) AWARD OF CONTRACT FOR SHERIFF'S DEPARTMENT UNIFORMS The Commissioners had been furnished a tabulation of bids received on September 27, 1976, for new uniforms for the Sheriff's Department. COU1ty Manager Eller reported that the Sheriff would not be able to attend the meeting but ~iS recommending that the bid be awarded to the low bidder, American Uniform Sales, in the amount of $13,405. Comm. Taylor moved, seconded by Comm. Wright, to go ,'llong with the Sheriff's recommendation and award the contract to American Uniform Sales in the amount of $13,405. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper A copy of the bid tabulation is contained in Exhibit Book IV, Page 26. LUNCH BREAK Chm. Davis recessed the meeting for lunch from 1:50 o'clock p. m. to 2:20 o'clock p. m. DETENTION SUBSIDY AGREEMENT - JUVENILE SERVICES CENTER County Manager Eller explained that the Division of Youth Services had proposed a contract which would provide a subsidy to New Hanover County in return for the County's providing juvenile detention services to Pender, Brunswick and Columbus Counties. Based upon the personnel presently employed at the Juvenile Service Center, the subsidy would amount to $3,945 per month. Both the County Manager and Juvenile Service Center Director recommended approval of the agreement. /\ Comm. Taylor moved, seconded by Comm. O'Shields, to approve the agreement as out- lined by the County Manager. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper A copy of this agreement is on file in the County Manager's Office. CONTRACT FOR PROVISION OF PUBLIC HEALTH SERVICES County Manager Eller explained that this was the annual contract that was re- quired by the State between the N. C. Division of Health Services and the New Hanover County Health Department. The Public Health Director anc. the County Manager recom- ; mended approval of the Contract. Comm. O'Shields moved, seconded by Comm. Wright, approval of the contract as recom- mended by the Public Health Director and the County Mana~;er. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chnt. Davis Absent: Comm. Alper ~ , A copy of this Contract is on file in the County Marager's Office. AGREEMENT WITH THE CITY OF WILMINGTON - CETA TITLE II County Manager Eller requested the commissioners approve this Hold Harmless Agree- ment with the City of Wilmington. He stated that this Wc!S to protect the County in the event that the City spent any of the CETA Title II ftmds erroneously. Comm. O'Shields moved, seconded by Comm. Wright, approval of the Agreement as recommended by the County Manager. Upon vote, the motion carried as follows: ~ Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper A copy of this Agreement f'l' is on 1 e ln the County M (mager's Office. . . . n., ,., ~~ () q MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINt~D) DISCUSSION ON STATUS OF UNC-W PRQPERTY The Tax Administrator had r~quested direction from the Commissioners as to whether or not the Chancellor's home at 1713 Market Street E:hould be considered taxable. It was agreed by common consent to get the Tax Administrator to check with the Property Tax Commission on the status of a similar case being considered in Orange County. DISCUSSION ON OBSERVANCE OF VETERAN'S DAY The County Manager reported that for the past t:wo years, the Commissioners had designated November 11 as the date that County emplc.yees would be granted a holiday in observance of Veteran's Day. The date designated by the Federal Government this year and observed by the State of North Carolina is October 25. The County Manager's Office contacted all County Departments to determine, their preference, and the majority of the departments indicated that they preferred to have the Friday after Thanksgiving (November 26) rather than either November 11 or October 25. Comm. O'Shields moved, seconded by Comm. Taylor, to take the holiday on November 26, 1976. Upon vote, the motion carried aE follows: Voting Aye: Comm. 0' Shields, Taylor and Chm. [Iavis Voting Noe: Comm. Wright Absent: Comm. Alper AMENDMENT TO MINUTES OF MEETING OF OCTOBER 20, 1975 County Manager Eller reported that the outside auditors had pointed out that at the Commissioners' meeting of October 20, 1975, the Board was requested to approve retaining outside appraisers to assist the Board of Equalization and Review and to transfer $3,500 from Contingencies, Acct. #11 445 61, to Professional Services in the Tax Department Budget, Acct. #11 450 04. The Minutes of the meeting indicated that the Commissioners approved hiring two appraisers but the motion did not include making the transfer of funds, and, as he was under the impression it had been approved, the transfer was made on direction of the County Manager. The County Manager requested the Commissioners to amend the action of October 20, 1975, to include the transfer of funds. Comm. O'Shields moved, seconded by Comm. Taylor, approval of amending the Minutes of the meeting of October 20, 1975, to show the budget transfer as requested by the County Manager. Upon vote, the motion carried as follows: Voting Aye: Co~n. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper BUDGET TRANSFER - HEALTH DEPARTMENT The County Manager explained that in order to comply' with the Federal Regulations concerning payment for health visits to indigent patients, the Commissioners were requested to make the following budget transfer: Reduce General Fund, Contribution to the Health Dept., Acct. #11 663 92 by Increase Health Visits to Indigent Patients, Acct. #11 663 93 by $ 7,880 7,880 Decrease Public Health Revenue Item, Transfer from General Fund, Acct. #44 397 11, by Appropriate to new Revenue Item, visits to Indigents, Acct. #44 397 12 $ 7,880 7,880 He stated that these t:ransfers did not mean an additional contribution to the Health Fund but rather a desi.gnated amount from the total contribution. Comm. Taylor moved, seconded by Comm. Wright, a.?proval of the budget transfer in t the Health Department as requested. Upon vote, the lnotion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper I. -~ (210 I I MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) BUDGET AMENDMENT - YMCA TITLE XX Comm. Taylor moved, seconded by Comm. O'Shields, approval of the following budget amendment in the YMCA Title XX Program in order to account for reimbursement received after June 30, 1976: Dr. Revenue - Acct. #41 357 01, State - Acct. #41 357 02, Local - Acct. #41 357 03, Monitoring Fee - Local $ 866.87 323.90 14.82 Moni to;dng Fee 1,190.77 14.82 ~ Cr. Expenditure - Acct. #41 618 91, Local - Acct. #41 618 92, State \ , / Upon vote, the motion carried as follows: Voting Aye: Comm. 0' Shields, Taylor and Chm. Davi:3 Voting Noe: Comm. Wright Absent: Comm. Alper BUDGET AMENDMENTS - TITLE XX County Manager Eller reported that the following b1ldget amendments were necessary in the Title XX Programs to account for the funds invol'Ted in the programs approved at the Special Meeting of September 27, 1976: Information and Referral Services Revenues Acct. #41 351 01, State #41 351 02, Local #41 351 03, Local - Monitoring Fee $15,461 5,154 258 Expenditures Acct. #41 611 91, Loca 1 #41 611 92, State - Monitoring Fee Family Services - Consumer Credit Counseling Revenues Acct. #41 352 01, State #41 352 02, Local #41 352 03, Local - Monitoring Fee Expenditures Acct. #41 612 91, Local #41 612 92, State - Monitoring Fee Legal Services Revenues Acct. #41 354 01, State #41 354 02, Local #41 354 03, Local - Monitoring Fee Expenditures Acct. #41 614 91, Local #41 614 92, State - Monitoring Fee 20,615 258 ~ $17,789 5,929 296 $23,718 296 $42,365 14,122 706 $56,487 706 Family Services - Northside Center Revenues Acct. #41 356 01, State #41 356 02, Local #41 356 03, Local - Monitoring Fee $ 7,082 2,360 ~ 118 ) $ 9,442 118 Expenditures Acct. #41 617 9l, Local #41 617 92, State - Monitoring Fee Comm. O'Shields moved, seconded by Comm. Taylor, approval of the Title XX Budget Amendments as requested. Upon vote, the motion carried ~s follows: Voting Aye: Comm. O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright Absent: Comm. Alper ~ !. '. i. , ~ -., 211 .i"..~ MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) AUTHORIZATION FOR CHAIRMAN TO SIGN LETTER TO N. C. BOARD OF TRANSPORTATION Chm. Davis had furnished the Commissioners a :opy of a letter to the N. C. Board of Transportation that he had been requested to sign on behalf of the Board of Commissioners to support the findings and recomnendations of the Wilmington Area Highway Priorities 'l'ask Force. He requested the p'~rm:."ssion of the Board to sign the letter. Comm. O'Shields moved, seconded by Comm. Taylor, to allow the Chairman to sign the letter on behalf of the Board. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper DISCUSSION OF TEMPORARY LOCATION OF LIBRARY DURING REPAIRS Chm. Davis reported on the receipt of letters from Dr. Stuart Benson, Chairman of the Library Board of Trustees,and Mrs. Ann Wilkinson, President of the Friends of the Library, in reply to a letter he had written suggesting a temporary location for the Library instead of closing down completely whi1e repairs were under way. He stated that there was a lot of interest in trying to keep the Library open and he requested the feelings of the Board on this matter. Comm. Wright and Comm. Taylor both felt that it was a matter for the Library Board to decide and that the Board of CommissionerB was not well enough informed to make such a decision. Comm. Wright moved to go on to the next item. The motion died for lack of a second. No action was taken by the Board on this matter. REPORT ON MEETING OF GOVERNOR'S COUNCIL ON EMPLOYMENT OF THE HANDICAPPED Chm. Davis reported that he had attended a mef!ting of the Governor's Council on Employment of the Handicapped. He stated that they were informed of the new Federal Laws pertaining to hiring of the handicapped, etc. included in the Affirmative Action Program and physical changes to buildings, and he felt that the County Manager should be requested to look into what was necessary to help the handicapped. INVITATION TO DEPARTMENT OF NATURAL & ECONOMIC RESOURCES RECEPTION County Manager Eller reported that Mr. Van Reid of the Chamber of Commerce had asked him to invite the Commissioners and their spouses to a reception given by the Chamber for the meetinq of the N. C. Board of Natm'al & Economic Resources at Wrightsville Beach on Friday, October 8, 1976. REQUEST FOR FURNITURE FOR CLERK OF COURT AND BUDGE']' AMENDMENT County Manager Eller reported that Mr. James l'lcKeithan, Clerk of Superior Court, had added two employees and was requesting money to purchase 2 desks, 2 chairs, to replace a chair in the Magistrate's Office, to purchase a chair and sofa for the Judges' chambers and 4 sections of shelving for the Law Library. He had requested an additional $945 in order to make these purchases. Mr. Eller recommended that the funds could be obtained by increasing the Revenue ltem, Court Costs, Fees and Charges, Acct. #17 350 00, by $945 and appropriate that amount to Capital Outlay - Equipment, Acct. #17 516 74, in the Clerk of Court Budget. Comm. Taylor moved, seconded by Comm. O'Shielcs, approval of the budget amendment as requested in the Clerk of Court Budget in order to purchase the equipment. Upon vote, the motion carried as follows: Voting Aye: Cornm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper RELEASE OF CERTIFICATE OF DEPOSIT PLEDGED TO THE COUNTY BY NEW HANOVER MEMORIAL HOSPITAL County Manager Eller reported that in the Agreement with New Hanover Memorial Hospital concerning their Cert~ficate of Deposit, it was agreed that upon receipt of notification of approval of th~Hill-Burton Grant the Certificate would be returned to the Hospital. This notification had been received and the Hospital had requested the return of the Certificate of Deposit. The County Manager and County Finance Officer recommended that it was in order to do so. ~ 0'2 MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTINUED) HOSPITAL CERTIFICATE OF DEPOSIT (CONTINUED) Comm. Taylor moved, seconded by Comm. O'Shields, to :r:elease the Certificate of Deposit to the Hospital as requested. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, wright and Chm. Davis Absent: Comm. Alper APPLICATION FOR FEDERAL & STATE FUNDS FOR SURVEYS County Manager Eller reported that a part of the 201 Plan included Infiltration/ Inflow Analyses at the Town of Wrightsville Beach and the City of Wilmington. Both of these had indicated that there was excessive infiltration and inflow and recommended further evaluation to eliminate this. Both the Town of W:r:ightsville Beach and the City of Wilmington had requested the County, as the Lead ~gency, to file application for Federal and State funds for these surveys. Both municipalities ahd written letters stating that they had available funds to pay the local sh~re and there whould be no cost to the County. . ) Comm. O'Shields moved, seconded by Comm. Taylor, app!oval of the application with the understanding that the Town of Wrightsville Beach and the City of 'Wilmington would fund the local costs of the surveys. Upon vote, the motion carried as follows: , Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Absent: Comm. Alper FIRST COUNTY CONGRESS FOR NATIONAL ASSOCIATION OF COUNTIE:5 County Manager Eller asked whether or not any of the, Commissioners intended to attend the meeting of the First County Congress in Raleigh on October 18. No one planned to attend. CHANGE ORDER G-4 (REVISED) TO CONTRACT WITH DAVIDSON & JO]~ES FOR LAW ENFORCEMENT CENTER County Manager Eller reported that the Commissioners. had previously approved the Change Order to Davidson & Jones' Contract reducing the mnount of the Contract. He stated that the Change Order had been revised and the Attorneys had recommended that it would be in order to approve the revised Change Order (;-4. Mr. Eller also reported that the attorneys had advised that it was now in order for the Commissioners to approve Change Order G-3. : .~ ) Comm. Taylor moved, seconded by Comm. O'Shields, app~oval of Change Order G-4 (revised) and Change Order G-3 to the Contract with David:30n & Jones Construction Company for the Law Enforcement Center. Upon vote, the m0tion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm.. Davis Absent: Comm. Alper BUDGET AMENDMENT - TITLE XX - GIRLS' CLUB AND BOYS BRIGADE CLUB County Finance Officer Felix Cooper explained that t0is was another amendment that was necessary because the funds had been received after Jlme 30. Comm. Taylor moved, seconded by Comm. 0' Shields, app:::oval of the following bud- get amendments in the Title XX Program: Girls' Club Revenue Debit Acct. #41 355 01, State #41 355 02, Local #41 355 03, Monitoring Fee - Local $ 3,481. 00 1,542.71 58.01 f\ ) $ 5,023.71 58.01 Expenditures Credit Acct. #41 616 9l, Local #41 616 92, State - Monitoring Fee Boys' Brigade Club Revenue Debit Acct. #41 353 03, Local - Monitoring Fee $ 119.37 Expenditures Credit Acct. #41 613 92, State - Monitoring Fee $ 119.37 ~ ;. I i. ~. ~ .~ ~ ,/ I ',I CJ ,) MINUTES OF REGULAR MEETING, OCTOBER 4, 1976 (CONTI~ruED) TITLE XX BUDGET AMENDMENTS (CONTINUED) Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright Absent: Comm. Alper FURTHER DISCUSSION ON STATUS OF UNC-W PROPERTY Mr. Cooper reported that he had talked with Tclx Administrator, Larry Powell, and that Mr. Powell had checked with the Property Tax Commission and learned that the Orange County case had not been heard yet but a similar cc,se had been heard in Forsyth County and the Board ruled in favor of the County. The St,ate was appealing this ruling to the Courts and the ruling on the Orange County case was not expected to be made until the Court had ruled on the Forsyth County Case. COUNTY MANAGER OUT OF TOWN County Manager Eller reported that he had beer, asked to serve on an ad hoc committee for the Local Government Commission to de,velop some sort of pamphlet for Social Service Directors in compliance with the Local Government Budget and Fiscal Control Act, and he would be in Raleigh on Thursday and Friday, October 7 and 8 attending a meeting of that committee. ADJOURNMENT Comm. Wright moved, seconded by Comm. Taylor, that the meeting be adjourned and that no special meetings be called before the next meeting. Upon vote, the motion tied as follows: Voting Aye: Comm. Taylor and Wright Voting Noe: Comm. O'Shields and Chm. Davis Absent: Comm. Alper Chm. Davis moved, seconded by Comm. O'Shields, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Wright and Chm. Davis Voting Noe: Comm. Taylor Absent: Comm. Alper Chm. Davis adjourned the meeting at 3:15 o'clock p. m. Respectfully submitted, ~- /.3. ~ Alyce B. B:r:own Clerk to tbe Board ab MINUTES OF SPECIAL MEETING, OCTOBER 7, 1976 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Thursday, October 7, 1976, at 8:30 o'clock a. m. in the Assenbly Room, New Hanover County Administration Building, Wilmington, North Carolina., to consider applications for State and County funding through the N. C. Division of Youth Services. Members present were Commissioners George E. Jl.lper; Claud O'Shields, Jr.; William C. Taylor; Chairman Peter R. Davis and Cle:r:k to the Board, Alyce B. Brown. Comm. Vivian S. Wright, County Manager Dan W. Elle:r: and County Attorney James C. Fox were absent. Chm. Davis called the meeting to order. ~