1976-10-04 Regular Meeting
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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
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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,
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Alyce B. Brown
Clerk to th~ Board
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MINUTES OF REGULAR MEETING, OCTOBER 4, 1976
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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Chm. Davis asked if there was anyone present to speak for or against the proposed
Airport Zoning Plan.
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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.
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Mr. Herbert Fisher appeared to request the Board to consider the possibility of
pyramid zoning in the Airport Zoning Area.
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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.
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A copy of this Ordinance as adopted and signed is 90ntained in Exhibit Book, IV,
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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.
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"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.
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Upon vote, the motion carried as follows:
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Voting Aye: Comm. O'Shields, Taylor, Wright and Chn. Davis
Absent: Comm. Alper
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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:;
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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)
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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)
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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-
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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
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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:
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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.
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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
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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
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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
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Cr. Expenditure - Acct. #41 618 91, Local
- Acct. #41 618 92, State
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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
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$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
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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.
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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. .
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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. :
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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
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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,
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Alyce B. B:r:own
Clerk to tbe Board
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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.
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