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1973-09-17 Regular Meeting~97 MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973, 9:00 AM ASSEMBLY The New Hanover County Board of Commissioners met in regular session on Monday, 5eptember 17, 1973, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney,_ James C. Fox; and Clerk to the Board, Lise K. King. Chairntan Vaughan called the meeting to order. Rev. Edwin E. Kirton of St. Mark's Episcopal Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 4, 1973 Upon motion by Commissioner Davis, seconded by Commissioner Powell, the minutes of the regular meeting held on September 4, 1973, were unanimousl.y approved as presented. WATER & SEWER PROPOSAL OF HENRY VON OESON & ASSOCIATES Co1. Paul llennison of Henry von Ueson & Associates appeared •before the Board to present a proposal for proceeding with the design of the County's Water & Sewer System. He recommended that the County apply for $62,050 from the State Revolving Funds available for planning. He stated that if a project resulted from these plans, this money would be repaid to the State but that if no project resulted from these plans, the money would be considered a grant and would not have to be repaid. Col. Dennison further recommended that the following resolution be adopted by the County Commission and the Wilmington City Council. Joint Resolution Authorizing Cooperation between New Hanover County and the City of Wilmington concerning Construction and Operation of Regional Utilities System WHEREAS: The City of Wilmington has existing public utilities systems to provide both domestic water supply and sanitary wastewater collection and treatment services throughout i.ta area of responsibility, and WHEREAS: Most highly developed County areas within reasonable proximity to the City are without public water and sewer service, and WHEREAS: The absence of these desired utility services within these rapidly developing County areas represents potentially serious problems related to orderly growth, health and sanitation and the general public interest, and WHEREAS: Current Federal and State policy is based on the premise that the public interest is best served by providing public utilities services on a regional basis, using the most cost-effective means possible, thereby eliminating duplication of facilities and reducing operating costs; and further, both State and Federal policy dictates that utilities projects must be shown to be truly regional in scope before grant funds will be allocated for the construction, expansion or improvements of said systems, and WHEREAS: The County desires to undertake to construct both countywide water distribution and sewerage collection systems on a time-phased basis to provide these utilities in presently unserviced areas; and further, the,County desires to enter into mutually acceptable agreements with the City to provide bulk water supplies for the County Regional Water System, to accept sewerage collected from portions of the County Regiorial Sewerage System for treatment in the City's sanitary waste- water treatment facilities, and for the City to operate said utilities systems upon completion of construction, including the collection of all revenues and other administrative and technical services, NOW THEREFORE be it resolved that the Board of Commissioners of New Hanover County and the City Council of Wilmington, Do hereby agree to work together cooperatively to achieve the objeetives outlined above to the mutual interest and benefit of both parties, the City, the County, and the Citizens that abide therein. Commissioner Powell moved, seconded by Commissioner Davis, that the foregoing resolution be adopted by the County Commission and that the City be approached for their adoption of it and that the County apply £or the recommended $62,050 for planning of the County's Water & Sewer System. Upon vote, aiotion carried unanimously. PUBLIC HEARING Chairman Vaughan opened the Public Hearing to discussion. Public AearinQ to consider an application for a Special Use Permit to use property owned by Mr. D. H. ,7ohnson, located on the east side of S. R. 1k06 extending southeasterly to the Intracoastal Waterway in Zoning Area ~~3, for a marina in an R-20 District. Mr. Dan W. Eller, County Manager, stated that he had received a letter from Mr. George T. Clark, Jr., Attorney at Law representing those residents who opposed the issuance of this Special Use Permit, requesting that this item be tabled until the first meeting in October. - Mr. A. Y. Lennon, Attorney at Law representing the Petitioner, appeared before the Board and stated that he would be in agreement with tabling this item until the first meeting in October. Commissioner Powell moved, seconded by Commissioner Davis, that this item be tabled until the Commission's first meeting in October. Upon vote, motion carried unanimously. Chairman Vaughan closed the Public Hearing to discussion. ~~~ MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) SUBDIVISION PLATS - McLAIN HEIGHTS, LEHIGH ESTATES, AND EL OGDEN Mr. Terry L. Harlacher, Staff Planner, presented final subdivision plats for McLain Heights, Section 1; Lehigh Estates, Section 2 znd E1 Ogden. He stated that improvements had not been completed in E1 Ogden but that the developer had put up a certified check for $2,000 in lieu of completion of the improvements. Commissioner Powell moved, seconded by Commissioner Hall, that these subdivision plats be approved for recording and that.the Chairman be authorized to sign them. Upon vote, motion carried unanimously. DRAINAGE COMPLAINT - MR. DANIEL A. CLARK, SR. Mr. Daniel A. Clark, Sr., ot 3z5 Bayshore Drive appeared before the Board to complain of drainage problems on his property. By common consent, the County Manager was directed to investigate this problem and make a report to the Board. DISCUSSION OF CAROLINA BEACH`S USE OF SANITARY LANDFILL Chairman Vaughan pointed out that, since a transfer station was to be built at Kure Beach, Carolina Beach could use this transfer station at a lower rate than it would cost them to operate their own landfill and asked if the Co~ission would have any objections to his writing Mayor Kepley. By common consent, Chairman Vaughan was authorized to write Mayor Kepley of Carolina Beach. LANDFILL RATE - WRIGHTSVILLE BEACH Mr. Eller, County Manager, presented a request from Mr. H. H. Perry, Jr., Clerk- Treasurer, Town of Wrightsville Beach, that the current landfill rate of 75F be reduced to 65~ retroactive to the date of institution of the 75~ rate inasmuch as a transfer station had not been.installed. Chairman Vaughan appointed a committee composed of Commissioner Davis and Mr. Eller to work with Waste Industries on this request. CITY-COUNTY EXCHANGE OF PROPERTY Mr. Eller, County Manager, reported that 150 parking spaces had been provided for the Social Services Department at the James Walker Hospital site and that everything was in order for the exchange of this property for the property located on 16th Street owned by the City of Wilmington. Mr. John A. Jones, City Manager, requested that, as the City property was 6.6 acres and the County property was 3.2 acres, the Hemenway Hall property of 1 acre be included in this exchange for development by the City as a small recreational area. Chairman Vaughan moved, seconded by Commissioner Davis, that the County Manager and County Attorney be authorized to prepare the necessary papers for this transaction, including the Hemenway Hall property, and that the Chairman be authorized to sign the papers when they were found to be in order. Upon vote, motion carried unanimously. Mr. Jones stated that this would be presented to the Wilmington City Council on Monday, September 24, 1973. RESCINDING OF SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 1973 (See Page 503 for addition.) Commissioner Powell moved, seconded by Commissioner Hall, that the following resolution be adopted. WIiEREAS by resolution adopted on August 20, 1973, the Board of Commissioners of New Hanover County called a special election to be held in said County on November 6, 1973; and WHEREAS the Board of Commissioners has determined that it would be in the best interests of the County to hold the election at a later date; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County as follows: Section 1. The resolution of the Board of Commissioners of New Hanover County hereinbefore mentioned is hereby rescinded. Section".2. The Clerk of the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted. Section 3. This resolution shall take effect iu~ediately. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Chairman Vaughan. Voting Noe: Commissioner Wright. REPORT OF COLLECTIONS THRU AUGUST 31, 1973 By co~on consent, the following report from the Collector of Revenue for collections thru August 31, 1973, was unanimously approved. , ~~~ MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) REPORT OF COLLECTIONS THRU AUGUST 31, 1973 (CONTINUED) "NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU AUGUST 31, 1973 Regular Scroll Charges Less Abatements Total Taxes Due New Hanover Co Total Prepayments Collected Outstanding Balance Percentage Collected Back Taxes ' Real Estate Taxes Less Abatements Total Collections To Date Outstanding Balance Percentage Collected 1973 $5,636,~44.85 - -• 20.47 5,636,824.38 - 319,478.64 ~S,:il/,345./4 5.6% $ 364,346.48 309.02 35,667.95 $ :SY2f,:iby.Sl 9.8% 1972 $5,355,582.25 - 5>403.38 5,350,178.87 - 370,055.78 ~4,ytfU,113.Uy 6.9% $ 436,216.30 721.13 48,752.10 $ itSb,/4:i.U/ 11% Personal Property $ 316,199.39 No Control Less Abatements 79.05 established Total Collections To Date 11,732.47 until May, 1973. Outstanding Balance $ 3U4,3ti7.t31 Percentage Collected 3.7% Total money processed through collection office for New Hanover County, City of Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach to date $ 124,797.30. This report is for fiscal year beginning July 1, 1973. Respectfully submitted, Janie B. Straughn Collector of Revenue" PUBLIC HEARING - "NO WAKE" ZONE Chairman Vaughan opened the Public Hearing to discussion on the extension of the "No Wake" Zone in Motts Channel to include the area between the Seapath Marina and Day Marker Number "22"! Mr. Paul Marshburn, Mr. R. W. Prunty, and Mr. John Wessell appeared before the Board to speak in opposition to the extension of the "No Wake" Zone. Chairman Vaughan asked if there were anyone present to speak in favor of the extension of the "No Wake" Zone, and no one spoke in favor of it. Chairman Vaughan moved, seconded by Commissioner Hall, that the "No LJake" Zone not be extended. Upon vote, motion carried unanimously. Chairman Vaughan closed the Public Hearing to discussion. HEALTH DEPARTMENT BUDGETS TO BE FUNDED BY STATE AND FEDERAL FUNDS Dr. Joseph C. Knox, Health Director, appeared the Board and presented the following budgets to be funded by State and Federal Funds. Family Planning Budget - Federal Grant $10,015 Family Nurse Practitioner Program - State Grant $18,277 Physical Therapy - 5tate Grant $7,689 Commissioner Wright stated that for the Family Nurse Practitioner Program medical back-up would be needed, and she asked how this medical back-up would be paid. Dr. Knox stated that there was a possibility that this medical back-up would come through the Area Health Education Center out of Chapel Hill through personnel at New Hanover Memorial Hospital. He stated that, without medical back-up, the projects would not get underway. (See Page 503 for addition.) Commissioner Powell moved, seconded by Commissioner Davis, that the programs as proposed be approved and that the Budget be amended accordingly. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Chairman Vaughan. Voting Noe: Commissioner Wright. APPROVAL OF CONTRACT WITH THE DIVISION OF HEALTH SERVICES OF THE NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES Upon motion by Commissioner Davis, seconded by Commissioner Hall, the contract between the Division of Health Services of the North Casolina Department of Human Resources and the New Hanover County Health Department was unanimously approved and the Chairman was authorized to sign the contract. ~on MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) ABATEMENTS Upon motion by Commissioner Hall, seconded by Co~ission~er Davis, abatements as contained in the following memorandum from Mr. Larry J. Powell, Tax Administrator, were unanimously approved. "The following taxpayers contend they listed their property during regular listing period, and further request the 10% listing penalty be removed. Attached see letters from taxpayers. 1. W. H. Land $ 17.69 2. Donald W. Adams 19.65 3.- Mrs. W. C. Russ 13.11 Penalty 94.50 Senior Citizen Exemption 4. Elijah L. Leonard 8.18 5. Edward B. Smith 12.16 ' 6. Carl F. Powell 11.11 7. Connecticut Mutual 4,602.74 8. Herman M. Morris 10.66 9. Lester Robinson 7.70 10. Joseph N. Schwartz 51.63 • 11", Carl W. Hodges 15.74 12. Linwood Guthrie 15.99 /.- Request city taxes be released on the following individuals as they do not reside in the City of Wilmington. 1. George B. Dunn, Jr. $ 40.12_ 2. Julian C. Prevott 108.20 3. Helen Roland 61.81 4. Jessie R. Marshburn 76.84 5. Larry Smith 32.77 6. James B. Swart 40.12 7. Adele Maready 88.57 8. Donald Ray Hamilton 84.48 9. Arnold H. Hinson 63.04 10. James R. Thompson 49.49 11. John Lee Murray 74.58 12. Ralph R. Brown 33.46 13. Alta Pauline Watts 27.65 14. George E. Burnett 27.97 15. Charles F. Raymer, Jr. 38.54 16. William M. Mitchell 103.08 17. Janice M. Wilson 21.75 18. Ronald E. Saucier 38.84 19. John J. Grabenstein 38.36 Request the following taxes be abated as the~taxpayer listed incorrect year on automobile. 1. Floisie V. Bryan $ 2.47 22. L. F. Hines, Jr. 15.97 3. E. Theodore Lundin 35.03 4. William Buffaloe 6.08 Request the following taxes be abated as these are clerical errors in pricing automobiles, trailers, etc. 1. John C. Gaskill ,S 14.93 2. Dorothy L. Mills 7.56 3. D. Christine Patelos 112.95 4. Philip Leon Bray 28.35 5. Dorothy P. Marks 35.82 6. Lillian W. Brown 38.00 7. Frances M. Hooper, Jr. 49.61 8. Floyd R. Brinson 111.51 9. Losaks Ceramics 6.54 10. James Ray Casey 196.01 11. William F. Powell, Jr. 17.02 Request the following Carolina Beach taxes be abated as these individuals do not reside in the town limits of Carolina Beach. 1. Georgia H. Mac Intosh $ 26.30 2. Charles A. Balser, Jr. 53.98 Request abatement for following individuals as they reported incorrect rent amount to be used in figuring household value. ~ 1. Bessie C. Lee $ 52.g2 2. Raymond Schnell 13.23 Request abatements for the following individuals as they were charged an incorrect acreage. ' 1. Shandy Point Development Co. $ 22.80 2. C. McDowell Davis 12.24 3. Robert Williams 6.99 4. Mildred Evans 5.17 ~~~. MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) ABATEMENTS (CONTINUED) Request the following taxes be abated as the taxpayer should not list in New Hanover County. 1. A. H. Davis 2. Harvey G. Knuth III $ 60.47 8.95 Request the following taxes be abated as they have been double listed. 1. Ralph E. Ambrose $ 24.32 2. Eddie Lewis Construction Co. 136.19 3. Dorothy B. Hayes 412.89 4. Frank Elliott White, Jr. 2.00 Request taxes charged to William Bannerman and I. C. Wilson be abated as personal taxes were charged on wrong real estate parcel. These charges will be added back to the October add ons. Mrs. Helen E. Deuel has requested she be allowed the $5000 exemption for senior citizens. Mrs. Deuel did not provide proof o£ income prior to April 15 as required by the N. C. Statutes. If this release is allowed, Mrs. Deuel will realize $94.50 reduction in her taxes. See Letter attached. Request the following taxes be abated as were charged in wrong name or wrong township; will be recharged on the October add ons. 1. Jeffrey L. Stealer 2. Sarah S. Godwin $134.67 56.70 Request the following taxes be released as the taxpayer was overcharged in real estate value. 1. Lucille Smith 2. J. A. Edwards $ 21.17 92.95" REMOVAL OF COUNTY DOG TAX Decision on whether or not to continue the dog tax had been tabled at the regular meeting of September 4, 1973. Commissioner Powell moved, seconded by Chairman Vaughan, that the dog tax be retained because of the revenue it brought in to help operate the dog pound. Commissioner Davis offered the substitute motion, seconded by Commissioner Wright, that the dog tax be removed. (See Page 502 for addition.) Upon vote, the substitute motion passed as follows: Voting Aye: Commissioners Davis, Hall and Wright. Voting Noe: Commissioner Powell and Chairman Vaughan. APPROVAL OF 1974 TAX ABSTRACT Mr. Larry J. Powell, Tax Administrator, reauested permission to add one question to the 1974 Tax Abstract pertaining to mortgaged property and that was that, if the taxes were to be paid by a mortgage company,. to furnish the mortgage company's name so that it could automatically be sent a copy of the bill. Commissioner Hall moved, seconded by Chairman Vaughan, that the 1974 Tax Abstract be approved wi~h the addition of the request for the name of the mortgagee. Upon vote, motion ~ carried unanimously. SALE OF 1214 SOUTH EIGHTH STREET Mr. Larry J. Powell, Tax Administrator, presented a request from Mr. & Mrs. James Williams to purchase Block 542, NE 1/4 4, 1214 South Eighth Street, for $2,500. He stated that this property had been acquired through a tax foreclosure at a cost of $1,372.06. Commissioner Davis moved, seconded by Commissioner Powell, that this sale be approved, subject to approval by the City of Wilmington, and that it be advertised in accordance with the Policy for Disposal of County Real Estate. Upon vote, motion carried unanimously. SALE OF 1015 SOUTH llth STREET Mr. Larry J. Powell', Tax Administrator, presented a request from Mr. & Mrs. Edward Shiver to purchase Block 27, SW part lot 4, 1015 South llth Street, for $1,000. He stated that this property had been acquired at a tax foreclosure at a total cost of $75. Commissioner Powell moved, seconded by Commissioner Hall, that this sale be approved, subject to approval by the City of Wilmington, and that it be advertised in accordance with the Policy for Disposal of County Real Estate. Upon vote, motion carried unanimously. DISCUSSION OF PURCHASING ELECTRONIC ACCOUNTING MACHINE Mr. Dan W. Eller, County Manager, recommended to the Commission that a more sophisticated accounting machine be purchased in order to improve the accounting procedures in the Auditor's office. He recommended further that this machine not be purchased on a lease agreement but that formal bids~,be invited and reported to the Commissioners. Chairman Vaughan requested Commissioner Davis to meet with the County Auditor, the County Manager, and himself to discuss the direction that the Commission should take. (See Page 503 for addition.) ~o~ MINUTES OF REGULAR MEETING, SEPTEMBER 17, 1973 (CONTINUED) DISCDSSION OF BANK PROPOSALS A decision on the bank proposals for the County's demand deposits presented by Mr. Ross, County Auditor, at the meeting of September 4, 1973, had been tabled for two weeks. Commissioner Powell stated that he felt the County should draw up the services that it desired and publish the specifications of the jobs to all the banks to see which could or would provide them. Commissioner Davis moved, seconded by Commissioner Wright, that Cou~issioner Powell, Mr. Ross, and Mr. Eller draw up the specifications and that all banks in town be advised and have an opportunity to bid on the County's business. Upon vote, motion carried unanimously. AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION Commissioner Hall stated that he haa receivea a notice of the 21st Annual Meeting of the American Shore and Beach Preservation Association to be held at Wrightsville Beach, October 3-5, 1973, and moved, seconded by Chairman Vaughan, that any Coumiissioner who could find the time to attend be authorized to do so. Upon vote, motion carried unanimously. DISCUSSION OF MENTAL HEALTH FUNDS Commissioner Hall stated that it was the concensus of opinion of the Area Mental Health Board memhers that the Mental Health funds for the three-county operation should be handled through the Mental Health Center after they had employed their Business Manager. Chairman Vaughan moved, seconded by Commissioner Hall, that, as this was the decision of the Area Mental Health Board, thetPlental Health funds be advanced on a quarterly basis after securing a Business Manager; that the Business Manager be bonded for a minimum of $50,000; that the Mental Health books be audited once a year by a Certified Public Accountant; and that this motion would be subject to approval by Brunswick and Pender Counties. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell, and Chairman Vaughan. \ Voting Noe: Commissioner Wright. ACCESS ROAD TO SANITARY LANDFILL Commissioner Davis stated that he was quite disturbed with Mr. J.-H. Medlin's letter of September 10, 1973, in which Mr. Medlin stated that he had conferred with Mr. W. E. Rabon, Secondary Roads Council Member, and that they did not feel it would be in the best public - interest for the Division of Highways to construct an additional road to the landfill. Chairman~Vaughan appointed Commis§ioner Powell as a one-man committee to con£er with the Highway authorities and report back to the Board at their regular meeting of October 1. JUNKED VEHICLES PROBLEM Mr. & Mrs. Harry G. Potter of Route 2, Box 242 C, on S. R. 1527, appearecl before the Board to complain of junked vehicles being placed on the property which abutted theirs. Chairman Vaughan asked Mr. Eller, County Manager, to investigate the problem and contact Mr. Potter. ~ ADJOURNMENT Commissioner Hall moved, seconded by Commissioner Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. Chairman Vaughan adjourned the meeting at 12:30 PM. Respectfully submitted, ~~ ~ ~' ~~ L~se K. King Clerk to the Board k MINUTES OF REGULAR MEETING, OCTOBER 1, 1973, 9:00 2;M ASSEMBLY The New Hanover County Board of Commissioners met in regular session Monday, October 1, 1973, at 9:00 AM in the Assembly Room, County Commis§ion Building, Wilmington, North Carolina. Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; W. Douglas Powell; Vivian S. Wright; Chairman M. H. Vaughan; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Rev. Wayne Barkley of the First Assembly of God offered the invocation APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 17, 1973 ' Commissioner Davis requested that on Page 501, under Removal of County Do~ Tax, the minutes reflect the reasoning behind voting to remove the dog tax which was that he did not feel that those people who did list their dogs should be penalized because of the many people who owned dogs in the County but did not list them. Commissioner Wright stated that this was her reason for voting for its removal also.