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1971-03-01 Regular MeetingMINUTES OF SPECIAL MEETING - FEBRUARY 26. 1971 -CCONTINUED)- CURFEW - (CONTINUED) - Mr. Oxenfeld moved, seconded by Mr. Williams, that the Chairman be authorized to•call a curfew if necessary. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, meeting was adjourned. Respectfully submitted Hazel Savage Clerk to the-Board HS/bh MINUTES OF THE MEETING - MARCH 1. 1971 - 9:00 A. M. - ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the following present: Chairman Meares Harriss, Jr., Vice-Chairman Berry A. Williams, Commissioners J. M. Aall, Jr., H. A. Marks; County Attorney James C. Fox; County Auditor Perry Shepard; Covnty Administrator I,aurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and asked Rev. J. A. Humphrey, Pastor, Mt. Olive A.M.E. Church, to give the invocation. APPROVAI, OF MINUTES: REGULAR MEETING, FEBRUARY 15TH SPECIAL MEETINGt FEBRUARY 19TH - Mr. Williams moved, seconded by Mr. Hall, that the minutes of regular meeting of r'ebruary 15th be approved as written. Motion carried unanimously. ~vJ Mr. Marks moved, seconded by Mr. Oxenfeld, that the minutes of special meeting o£ February 19th be approved as written. Motion carried unanimously. TAX COLLECTOR'S REPORT - Mr. Sam Johnson, Tax Collector, gave the following report on collections through February, 19']1: 19~0 taxes collected $4,6']1,800.59, leaving balance of $541,42'7.5'J; back taxes collected through February 969'],953.48, leaving balance of $333,148.95; and to date Y618,243.33 delinquent personal property taxes collected. Mr. Harriss pointed out a sizable amount in back taxes is still due the County, and he would like to know if something concrete is being done about collecting it. Mr. Johnson stated that the County is ahead by over $40,000 than it was this time last year in collections. Mr. Harriss stated County did not reach the Triple A bond rating last year, and for that reason County is paying additional interest on bonds County is issuing. Mr, Johnson stated to the Commissioners if they were not satisfied with his performance, he would tender his resignation. Chai~rman Harriss pointed out he intended nothing personal and was sorry his statement iaas misunderstood. However, the fact remains as stated, and the Board wants to know the progress of the collections. Mr. Harriss stated he did not know whether collections are ahead of last year or not when it is considered that the County has a larger tax base this year. Mr. Williams stated he thought Mr. Harriss' question was the same as in the minds of all the Commissioners; whether or not foreclosures are being made and whether wages are being garnisheed. Mr. Aarriss stated he wanted to continually emphasize the importance the County attaches to collection of taxes in order that the County may obtain level at which it can issue bonds on a Triple A basis. Mr. Johnson stated garnishees were issued last week. TAX ATTORNEY'S REPORT - Mr. John Schiller, Tax Attorney, was heard from next. Mr. Schiller discussed foreclosures saying the mortgage type used by New Hanover Count9 is a long drawn out procedure and cannot be done on a wholesale basis. Mr. Schiller is of opinion procedure is out-moded. Mr. Fox agreed with the Tax Attorney and discussed method of"iri rem" procedure. Mr. Schiller pointed out that both governing bodies will have to agree to this method before the Tax Col- lector can use it. Also, Mr. Schiller stated some attorneys feel since a case has never been to the Supreme Court there is a question of the procedure being constitutional. Another thing is that if used, only possible to go back on three years taxes. Mr. Fox advised method Forsyth County uses; they prepare a priority list of tax foreclosures depending on amount of taxes involved and upon the age. This induces people to keep their taxes current. Forsyth County frequently has to purchase property at the tax foreclosure but then sells it as "excess County property" instead of tax foreclosed property, which usually brings a better price. Mr. Schiller stated New Hanover County experiences times when foreclosures are made and no bidders appear thus making it necessary for the City and County to spend out of their pocket from $150 to $200 in costs to acquire title to property they do not want. Property then comes off of the tax books and taxes are not collected. Mr. Fox stated he did not believe the County has ever recognized the work involved in £oreclosin~ property. Also, looking at amount of taxes collected by foreclosure, County will never justi£y pressing foreclosure of property, but the foreclosing process would probably generate payment of taxes. J ~ 5 8 6 MINUTES OF THE MEETING - MARCH 1, 1971 -(CONTINUED) - ~ TAX ATTORNEY'S REPORT - (CONTINUED) - Mr. Fox stated he was of opinion "in rem" procedure should be used since it would cut time. Mr. Schiller stated it would take a lot of time to set it up; it would be necessary to have special books in the Clerk of Court office and would throw a lot of additional work on the Sherif£. Mr. Williams stated if system would be more efficient, he would say the change should be made. Mr. Williams moved, seconded by Mr. Marks, that the City be requested to concur in "in rem" procedures, if they have not already done so, and County initiate with them the steps to promptly_bring it about. Motion carried unanimously. PROPOSAI, TO PURCAASE FORECLOSED PROPERTIES - Mr. Chuck ~'aul of the Oleander Company appeared before the Board to express his Compa~y's interest in purchasing foreclosed property which has very little real value and no tax value; making improvements on it, and turning it into taxable property. Discussion of whether a warranty deed can be furnished on foreclosed property was held. Mr. Schiller advised a warranty deed cannot be given on foreclosed property. Mr. Paul stated his company will present a proposal in writing very soon of£ering to purchase county foreclosed property, furnishing map and also price they are willing to pa~. Mr. Harriss advised Mr. Paul the County will be glad to entertain any of£er from any citizen for the purchase of foreclosed property. TAXPAYERS ASSOCIATION - ~ Several members of the Taxpayers Association were present and Mr. Harriss handed them letter he had written answering their recent questionnaire. Mr. H. C. Wallace introduced Mr. Herbert Fisher, Vice-President of the Association, who again requested the Commissioners to rescind their action increasin~ the tax ratio from 50% to 100'~. Mr. Fisher stated his request is based on the fact the County and City will continue to receive the 1% Local Sales Tax, and people had been promised if they supported the Sales Tax there would be no increase in the tax ratio. Mr. Williams and Mr. Marks expressed themselves as being of the same opinion now as they were when they voted to increase the tax ratio. Mr. Harriss advised if the Taxpayers Association had more questions after reading letter he had written, the Commissioners would be glad to try to answer them. SUBDIVISION PLAT - SILVA TERRA, SECTION 2-B - Mr. Mallory presented plat of Silva Terra, ,5ection 2-B, located on west side of Carolina Beach Road near Myrtle Grove Intersection. Section 2-A was approved a couple of months a~o as a£inal plat of 25 lots without improvements. Since that time improvements have been put in Section 2-A which entitles them to record another section of 25 lots without improvements. The Planning Commission has reviewed this plat and recommends that it be approved and re- quests the Chairman be authorized to sign the plat after the Planning Commission receives a letter from the State Highway and one from the Health Department giving their approval. Mr. Hall moved, seconded by Mr. Williams, that the plat be approved and the Chairman be authorized to sign the plat when said letters are received by the Planning Commission. Motion carried unanimously. INTRODUCTION OF MR. JERRY RAMSEY, STAFF PI,Aiviv~;x - P1r. Plallory introduced Mr. Jerry Hamsey who is a staff planner and who has recently com- pleted a Planning Trainee Course. Mr. Ramsey will in the future be coming before the Board with these plats. ~ Mr. Harriss expressed deli~ht in having Mr. Ramsey present, stated the Board would be happy to work with him, and congratulated Mr. Ramsey on the fine showing he had made at school. SHERIFF'S DEPARTMENT - TRANSFER OF FUNDS - Request 1'rom Sheriff Millis Yor transfer of $500 to Telephone and $300 to Radio Main- tenance from Discretionary Fund was presented to the Board. Mr. Williams moved, seconded by Mr. Oxenfeld, that the transfer be approved. Motion carried unanimously, CIVIL DEFENSE - TRANSFER OF FUNDS - Amended request from the Civil Defense in letter dated February l~th for one typewriter, two cabinets, one adding machine, one amplifier kit, five antennas, one rebuilt transceiver gonset, two transceiver hallicrafter, and one air conditioner, total cost $1,523.00, was pre- sented to the Board. Mr. Bowden recommended approval. Mr. Williams moved, seconded by Mr. Hall, that the revised request be approved, funds being transferred from Salary Account within the Civil Defense Budget. Motion carried unan- imously. SUPERIOR COURT - CONVEYING PRISONERS AND OTHER r;xr~;1vSE - Request for $2,000 to the superior Court for conveying prisoners and other expenses was presented to the Board. Mr. Oxenfeld moved, seconded by Mr. Williams, that this request be approved, funds com- ing from the General Contingency Fund. Motion carried unanimously. T~AND PURCFiASE FROM kr.:ivivr,~PH EATON AT PATILANDA Mr. Bowden requested formal approval of purchase of land by the County due to damage done by ditching across property by the County, cost~to be $850. Mr. Marks moved, seconded by Mr. Hall, that the purchase be approved, funds coming from the General Contingency Fund. Motion carried unanimously. MINUTES OF THE MEETING - MARCH 1, 19~1 -(CONTINUED) - SOCIAL SERVICES WORK HOURS - Mr. Walton, member of Social Board, appeared before the Board to request that employees of Social Services be permitted to work from 8:30 A.M. to 5~00 P.M. with one-half hour for lunch. Mr. Harriss advised Mr. Walton the Personnel Plan is under study and this request will be taken under consideration. Mr. Hall stated he recognized there are certain individuals who have to be excepted from the rules all of the time. Mr. Marks stated he had suggested to Miss Hall that should there be ar~,y genuine hardship cases where regular hours could not apply, he was sure she, as the Director, would put the necessary information in that person's file so it could be checked at any time verifying the necessity for it. By common consent it was agreed Mr. Bowden should be advised of any such cases. A.B.C. PERMIT REQ,UESTS - The following A.B.C. Permit Requests were presented: Shady Oaks Tavern, Rt. l, Box 61, Castle Hayne; B&.H Grocery, 801 N. Fifth Street; and Sea Gull, Boardwalk, Carolina Beach. Mr. Oxenfeld moved, seconded by Mr. Hall, that the requests be forwarded to the Sheriff for investi~ation. Motion carried unanimously. APPOINTMENT PIEMBERS TO TOWN OF CAROLINA BEACH PLANNING AND ZONING BOARD - Mr. Williams moved, seconded by Mr. Hall, that the Chairman be informally advised who to appoint and appointments be confirmed at next meeting in order to save time. Motion carried unanimously. 58~ ELECTRICAL CODE - P1r. Bowden advised the Board the change in the electrical code was the information that was furnished the office, and which he had informally presented to them, after the Board had made its presentation of Regulatory Codes to the Building Code Council. This has been dis- cussed with Mr. Fox and the Electrical Inspector. If accepted, this portion will be furnished the Building Code Council asking them to accept in lieu of electrical section which they now have. This is taken from the City Electrical Code in an effort to make County Code similar. Mr. Bowden asked the Commissioners whether they wanted the Electrical Inspector appointed by the Board of Commissioners or by the County Administrator. Mr. Oxenfeld moved, seconded by Mr. Williams, that the Board amend the Regulatory Codes as submitted to the Building Codes Council February 4, 1971, deleting the reference to the electrical section and submitting the electrical section, hereby approved, as an annex, but part of the code, and the County Administrator appoint the Electrical Inspector. Motion carried unanimously. Regulatory Codes, including electrical section approved at this meeting, will be c,opied in Minute Book when approved by the Building Codes Council and Certi- fied Copies furnished the Inspectors. Regulatory Codes approved at February lst Neeting will be voided in minutes of that meeting. Meetin~_recessed at 10:20 A.M. Meetir~ reconvened at 10:45 A.M. 6CHOOL BOARD - Mr. Williams stated he had discussed the school situation with Dr. Heyward Bellamy before coming to the meeting this morning and had cleared up misinterpretation by some that persons in charge o£ schools have to go through the Superintendent before calling law enforcement officers. This is not true; they may call for help if they think it is necessary. Mr. Williams stated he felt the Board of Commissioners should assure the School Board that it stands behind them in whatever measures are necessary to maintain a school system that is conducive to learning, that the Commissioners encourage them to employ whatever measures that are necessary to keep the schools open, to provide safety for the children, and that they take whatever measures are necessary to rid the schools of professional and habitual trouble makers who have apparently no interest in getting an education, but a primary interest in disruption. Also, if legislation is needed, it should be requested immediately. Mr. Williams pointed out that every hour lost in the school system means thousands of hours of educational opportunities lost and thousands of dollars County is investing in education are lost as well. Mr. Williams also pointed out that almost one-half of the County's tax rate goes to support schools. Mr. Williams stated he felt the Commissioners.should be kept abreast of all problems facing the Board of Education; there should be a close working relationship and this should be emphasized to the Board of Education the Commissioners feel this way. Mr. Harriss pointed out that on two occasions resolutions have been sent to the Board of Education saying substantially what Mr. Williams had said. Mr. Hall moved, seconded by Mr. Flilliams, that the Board reaffirm the Board's position as to its support of the actions which may become necessary to maintain order and an atmos- phere conducive to learning and at the same time formally request that when County property, the appropriations for which are necessary to come through this Board, is involved in a danger- ous situation, the Commissioners be acquainted through the Chairman or Administrator of con- ferences which have to do with the emergencies, and that an agent of this Board be invited to attend their meetin~s in order to aclaiowledge to the Commissioners that they l~ow the Commissioners have a responsibility in this program. Motion carried unanimously. Mr. Harriss asked to be excused to attend another meeting at City Hall at 11:00 A.M. Mr. Williams assumed the chair. REQUEST FOR SALARY INCREASES FOR AUDITOR AND SHERIFF - Mr. O3cenfeld stated in examining budget it is noted that base salaries of some elected officials are inconsistent with base salaries of other appointed department heads. In i969 the North Carolina Legislature granted each Board of County Commissioners authority to set salaries of elected officials. Since the salaries of the Auditor and Sheriff were not increased prior to the May, 19~0 Primary Election, they could not be increased during the 1970-71 budget sessions. Now, the Commissioners have the authority to adjust these salaries. Since 19~ the salaries of the Auditor and Sheriff have increased by approximately 30%, whereas the salaries of some department heads have increased as much as 95%• 5~8 MINUTES OF THE MEETING - MARCH l, 1971 -(CONTINUED) - RE9UEST FOR SAZARY INCREASES FOR AUDITOR AND SFLERIFF -(CONTINUED) - Mr. Oxenfeld stated the salaries of these two elected officials are considerably lower as compared with other counties, and past performances of these officials have been above re- proach. Mr. Oxenfeld moved that on March 1, 19'71 the base salaries of the Sheriff and Auditor be increased from $12,500 annually to $15,400 annually and the funds be made available from the General Contin~enc~ Eund. Motion died for lack of a second. Mr. Marks said referring specifically to the Auditor who acknowledges he is not re- sponsible to the Commissioners but to the citizens, he would not be in favor of changing his salary until at the same time the Board is privileged to appoint him, so he will be responsible directly to the Commissioners. Most of the counties, not all of them, have that procedure. Mr. Marks also stated he is not inclined to consider these salaries between bud- gets. Mr. Hall was of opinion concerning Sheriff's salary that should Sheri£f Millis choose not to attempt to be re-elected, increased salary should not go to a newly elected sheriff who does not have the experience of the present sheriff. He was of opinion top and bottom should be considered. Mr. Williams said he personally felt both are due an increase as well as the Register of Deeds, however he was inclined to feel all should be considered at budget time. STATEMENT FOR SEAVICES :OF COUNTY ATTORNEY - Mr. Marks presented statement showing balance due Mr. Fox for legal services for 19'70 in amount of $3,220. Mr. Marks moved, seconded by Mr. Oxenfeld, that the statement be approved, funds coming from the Professional Salaries bud$eted in the Commissioners' budget. Motion carried unani- mously. It was stated that this brings total salary for County Attorney for year to $1~,865, including $3,545, which was paid through Social Services, leaving a net cost to the Count9 for all other related County business of $14,320 which is less than half the Board would have to pay a full time office. Mr. Marks complimented Mr. Fox on doing a very excellent job and expressed feeling County is very fortunate in having him. Mr. Williams pointed out that the County's former Attorney and Mr. Fox had recommended a£ull time County Attorney and with this sizable expense felt the County should look as soon as possible for the right person to assume full time responsibility for this work. Mr. Williams stated he was pleased with Mr. Fox and would be pleased if he would take the job but knew he would not give up a lucrative practice to do so. Mr. Fox stated if consolidation is accomplished he believes a full staff of four or £ive people will be needed. Mr. Fox stated he did not think the County will be able to ob- tain services of a full time attorney until the consolidation issue is resolved. Mr. Hall stated the County had been short sighted in the past by offering a capable attorney something like $5,000 to $10,000 less than the County can get him for. Mr. Hall said if the County is going to get a good attorney he would have to be compensated somewhere in line with what he could make on his own. FISH FRY - JAIL SCHOOL - Mr. Hall presented former request of the Jailer for $100 to have a fish dinner for persons attending the Jail School being held this week in Wilmington. Mr. Marks moved, seconded by Mr. Oxenfeld that the $100 be approved, funds coming from the General E~ergency Fund. Motion carried unanimously. DISASTER HOSPITAI, - By common consent it was agreed to write Mr. Morrisey of the North Carolina Association of County Commissioners that the Board supports the school being held here to instruct proper use of the Disaster Hospital which has been allocated to this area. PLUMBING INSPECTOR - MILITARY LEAVE Mr. Hall was of opinion County could not grant request of the Plumbing Inspector for 'r.WO weeks of military leave with full pay on a permanent basis since it is not done for other County employees. Mr. Bowden stated the Plumbing Inspector had been receiving this in the past plus his vacation when working from the Health Department. Mr. Hall moved, seconded by Mr. Marks, that payment for this military leave~be made for this year only. Motion carried unanimously. Mr. Bowden advised the Board there is a marked variance between fringe benefits of inerit persons and non-merit persons. Discussion was held as how to handle accumulated vacation which Mr. Smith had when he came over from the Health Department. Mr. Bowden recommended he be compensated for the accu- mulated time, since he could not allova him to take all the time off. Mr. Oxenfeld moved, seconded by Mr. Marks, that the matter of accumulated vacation be tabled. Motion carried unanimously. I,ANDFII,I, CFiARGES TO CAROLINA BEACH - By common consent it was agreed the County Administrator is authorized and instructed to handle the matter of landfill charges with the Town of Carolina Beach. REVISED PAGE 15 OF PERSONNEZ MANUAI, - Mr, l~iarks moved, seconded by Mr. Hall, that the changes on Page 15, Sections 8(a) and (b), Military Leave, be approved as revised. Motion carried unanimously. , MINUTES OF THE MEETING - MARCH l. 1971 -(CONTINUED) - NEW HANOVER COUNTY DOG WARDEN F.EQUEST - Mr. Box=den discussed request of the New Hanover County Dog Warden. Since the City passed the dog control law his activities has been tremendously stimulated and he finds it necessary to hire an additional person which will cost approximately $2,000 of which the County, by contract with the City, pays one-half. His food bill has increased also. Mr. Johnson will operate for the remainder of the year at a deficit of ~2,365 because of dog control law passed by the City. Mr. Fox offered sug~estion of increasing cost to owners for picking up dogs which have been picked up Yor dog control violation, this charge not to apply to adoption of dogs. Mr. Bowden advised the Board it will cost the County $2,000 to $3,000 in~the course of a year to enforce the City's dog control law. By common consent it was agreed to return matter to the County Administrator for further study and more detailed recommendations. NATIONAL RIVERS & HARBORS CONGRESS - 58TH ANNUAL CONVENTION - Mr. Bowden reminded the Board of the 58th Annual Convention of the National Rivers & Harbors Congress to be held i~n Washington March 16-19, 19'71. Mr. Oxenfeld will try to attend. TOOLS AND SUPPI,IES FOR NEW HANOVER COUNTY GARAGE - Mr. Bowden requested $z,000 from the General Contingency Fund for tools and supplies at the New Hanover County garage. He advised a mechanic had been hired through the Civil Ser- vice Board. Mr. Hall moved, seconded by Mr. Marks, the request be approved, funds coming £rom the General Contingency Fund, and that an inventory be kept on the supplies. Motion carried unanimously. 5~9~ MILITARY I,EAVE - COUNTY ADMINISTRATOR - Mr. Marks advised the Board the County Administrator will take his military leave June 6-19 and that he, Mr. Marks, will be leaving around that time for the remainder of the summer. Mr. Marks suggested giving thought to considering next year's budget. Everyone agreed it would be fine to begin discussions by the first of May. ADJOURNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by Mr. Williams, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board HS/bh MINUTES OF THE MEETING - MARCH 15. 1971 - 9~00 A. M. - ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Commissioners was held on the above date and time in the Commission Building with the following present: dhairman Meares Harriss, Jr., Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld; County Attorney James C. Fox; County Auditor Perry~Shepard; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. INVOCATION - Chairman Harriss called the meeting to order and asked Rev: R. P. Royal, Rector, St. Paul's Episcopal Church, to give the invocation. APPROVAL OF MINUTES: SPECIAI, MEETING, FEBRUARY 26TH REGUI,AR MEETING, MARCH 1ST - Mr. Oxenfeld moved, seconded by Mr. Harriss, that the minutes o£ special meeting of February 26th be approved as written. Motion carried unanimously. Attention was called to the omission of Commissioner John R. Oxenfeld's name from those present at regular meeting o£ March lst. Following this correction, Mr. Marks moved, seconded by P1r. Hall, that the minutes be approved. Motion carried unanimously. Question was asked whether or not a commissioner may make a motion that minutes be ap- proved of a meeting he did not attend. County Attorney Fox advised it is permissible. DISCUSSION OF POSITION OF ELECTRICAL INSPECTOR - Mr. Bowden advised the Board the Assistant Electrical Inspector and Electrical Inspector have resigned. This will leave the County without an Electrical Inspector on March 19th. Mr. Bowden requested that•an effort be made to consolidate this office with the City of Wilmington's Electrical Inspection Office. Mr. Bowden pointed out a resolution had been adopted by the City of Wilmington on April 27, 19'70 whereby the City agreed no additional departments 'should be consolidated because of the contemplated merger. Mr. Bowden advised he had dis- cussed -the matter with Mayor Cromartie who sees no objection from the City Council. Mr. Bowden stated he and the Chairman have discussed from time to time the need for getting on with some of these smaller consolidations as long as it does not interfere with the Charter Commission's w,ork. Mr. Harriss pointed out the County has taken over certain departments as County's sole ex- pense, thus relieving the City of any expense other than furnishing space. Mr. Harriss was of the opinion it would be a step toward efficiency and would be a savings to the County; codes are now, or will shortly be, identical. It is a process of inerging two separate organizations in order that citizens may have a better operation as a whole. Mr. Harriss advised chair would entertain endorsement of a proposal to the City Council that study be made on the merging of these two departments. ~