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.
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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. ,
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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.