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1971-07-06 Regular Meeting6 6 4 MINiTTES OF TI~ MEETING - JULY 6, 1971 - 9: 00 A. M. - ASSEMBLY - The regular semi-monthly meetin$ of the New Hanover County Board of 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, Commissioner John R. Qxen- feld; County Attorney James C. Fox; County Auditor Perry Shepard; and Hazel Savage, Clerk to the Board. County Administrator Bowden was absent due to illness. 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. APPROVAL OF MINUTES, REGULAR MEETING JUtdE 21ST - Mr. Oxenfeld moved, seconded by Mr. Williams, that the minutes of June 21st be approved as written. APPROVAI, OF MINUTES~ SPECIAL MEETING JUNE 30TH - Mr. Shepard called attention to error on Page 2, Second Paragraph, first sentence should reflect; funds to come from 19~1-'72 Capital Outlay instead of Current Capital Outlay. Last paragraph on Page 2 motion to adjourn should re£lect Mr. Oxenfeld seconded the motion. Following these corrections, Nr. Williams moved, seconded by Mr. Oxenfeld, that the minutes be approved as corrected. ACTING TAX COLLECTOR'S REPORT - Mrs. Janie Straughn, Acting Tax Collector, gave the following report on taxes collected during month of June, 19'71: Charged per Scroll, per Supplement and added by Tax Supervisor ~5,242,989.49, less abatements $28,653.87 leaving $5,214,335.62 on books, less prepayments and collections throu~h June $4,9']6,270.04, leaving balance uncollected $238,065.58. Back taxes collected to date $149,8']4.~0, leaving balance of uncollected back taxes ~281,23'7.73. Collection of delinquent personal p~operty taxes through June amounted to $23,'295•95• Mr. Harriss pointed out less than 5% of 19~0 taxes remain uncollected. Mr. Harriss said this is an improvement. REFUND OF TAXES MADE NOVEMBER 7, 1967 FOR ACCOUNT OF R. R. CARTER - Mrs. Straughn stated she has been advised by the Auditor and Tax Attorne~ to ask £or refund to her office in amount of $'71.98. The City has paid their portion of ~$89.56. Mrs. Straughn stated this is a case where the tax was collected on the wrong piece of property. Loan companies are given a period of three weeks to make any adjustments, but during the time this receipt went to them and got back to the tax office for refund, there had been a title transfer on this property. The scroll being marked paid, the attorney gave a clear title to the new property owners, and there was nothing left to charge this back to. After discussion, it was suggested exploring possibility of garnisheeing property of original owner. If it cannot be handled this way, this will $ive Mr. Pox an opportun- ity to study the matter and give the Board some recommendations. By common consent it was agreed to defer this matter until the next meeting. ABC PERP'iIT REQUESTS The following ABC Permit requests were presented to the Board: Moore's Place, Rt. 6, Box ']5, Wilmington; Greenfield Tavern, 419 Greenfield Street; and Shalimar Drive Inn, 4010 Market Street. Mr. Williams moved, seconded b~ Mr. Oxenfeld, that the requests be forwarded to the Sheriff for his investigation and recommendations. Motion carried unanimously. APPOINTMENT P~ERS TO MtTSEUM BOARD OF TRUSTEES - Mr. Williams moved, seconded by Mr. Oxenfeld, that the Chairman be authorized to reap- point members to the Museum Board of Trustees. Motion carried unanimously. Chairman Harriss announced reappointment of the following for terms of 3 years, beginning July 1, 1°']1 to June 30, 19']4: Messrs. Sam Hughes, Charles Boney~ and Mrs. E. M. McEachern. APPROVAL EXPENSE OF BURIA2, OF UNIDENTIFIED MAN - Mr. Shepard advised the Board the County is in receipt of bill in amount of $90 for the burial of an unidentified person. Chairman Harriss stated it is the County's responsi- bility to bury persons who do not possess any means; it is not the obligation o£ the funeral home. Mr. Williams stated it appears this is a legal expenditure and moved, seconded by, Mr. Oxenfeld, approval of the $90 burial expense, funds coming from Certificates of Deposit Interest. Motion carried unanimously. FORMAL APPROVAL - EXTENSION OF TIME FOR USE OF SPACE AT COMMUNITY HOSPITAL BY NEIGHBORHOOD YOUTH CORPS AND HEAD START - Mr. Williams moved, seconded by Mr. Oxenfeld, that formal approval be granted for extension of time for use of Space at Community Hospital by Neighborhood Youth Corps and Head Start to September 15, 1971. Motion carried unanimously. RECOMMENDATIONS TQ CHARTER COMMISSION - Mr. Williams read resolution which he proposed be sent to the Charter Commission after which he moved, seconded by Mr. Oxenfeld, adoption of the resolution. Chairman Harriss suggested the following be inserted after fourth para~raph: "Whereas, the Wilmington-New Hanover Charter Commission has proposed that the governing body of a con- solidated government be composed of inembers elected at the same time and for two year terms of office, and" The complete resolution is as follows: MINUTES OF TI~ MEETING - JUZY 6, 1971 -(CONTINUED) - RECOMMENDATIONS TO CHARTER COMMISSION - (CONTINUED) - "STATE OF NORTH CAROLINA . • , RESOI,UTION COUNTY OF NEW HANOVER . Wr~xc,AS, New Hanover County has for many years been recognized as one of the "more stable" counties in North Carolina, and WHEREAS, this has been true in large part because of the experienced men who have served as New Hanover County Commissioners, and WI~REAS, local government has become more complex in recent years, and I~REAS, there should be reasonable assurance that the Board will always include as part of its membership men with experience in local government, and WHEREAS, the Wilmington-New Aanover Charter Commission has proposed that ~ the governing body of a consolidated government be composed of inembers elected at the same time and for two year terms of office, and Wf~REAS, a change from the present plan of four year staggered terms to a system of two year terms, with all commissioners being elected at the same time, would, in our opinion, be an ill-advised departure from a system that has been tried and found to be successful to a system that offers no apparent advantages and might offer dangerous disadvantages, NOW, Tt~ttr~rORE, BE IT RESOLVED that the Boarfl of Commissioners of New Hanover County does hereby indicate its strong feeling that the proposed gonerning board for a consolidated government in New Hanover County should be made up of inembers serving four year staggered terms. BE IT FURTFiER RESOLVED that copies of this resolution shall be mailed to the Charter Commission, to all municipal governin~ boards in New Hanover County and to all news media in New Hanover County. Adopted this 6th day of July, 1971. (s) ATTEST: Chairman Clerk to the Board" Mr. Williams and Mr. O~cenfeld agreed this suggestion be included in the original motion. Vote was called on motion. It carried unanimously. 66J Mr. Williams pointed out he had noted the Charter Commission had recommended that the Commissioners be elected at large with no district representation. Mr. Williams expressed the opinion various areas would feel better knowing they were going to be able to elect at least one person from each of the major areas in the County. Mr. Williams stated he had written the Charter Commission recommending a portion of the representatives come from specific areas and others be at large. Mr. Williams stated people are only going to vote for consolida- tion i£ they feel it will be a better system. Mr. Williams suggested the Board might wish to express itself as he had done. Mr. Oxenfeld stated he has some reservations concerning representation but at this point would not be in complete agreement with the method outlined by Mr. Williams. Mr. Harriss stated he thinks it is a controversial matter; there are a number of different opinions about it and a great number of people feel district representation would not be con- ducive to passing of consolidated government. Mr. Harriss suggested this matter be held in abeyance at this time. By common consent this was agreed to. PUBI,IC HEARING ADOPTION OF ZONING MAP OF AREA 5- Mr. Harriss declared Yublic Hearing open to discuss Zoning of Area 5. Mr. Mallory pointed out on the map area proposed to be zoned at this time; namely, (1) northern boundary being the New Hanover and Pender County Line, (2) eastern boundary being the Intracoastal Waterway, (3) southern boundary being north of Pages Creek, and (4) western boundary being approximately 1,000 feet west of U. S. Highway 1'] except in the Greenview Ranch area it ~oes out about 2500 feet to the New Hanover and Pender County Line. Majority of area around Porters Neck will be R-20 Zoning which is most restrictive Zoning and R-15 Zoning in residential areas along U. S. 1'7 with 2 business zones at the intersection of the two entrances into the Porter's Neck area. These areas will also be indicated on the County Land Development Plan to be commercial. Mr. Mallory stated there had been no objections to the proposed zoning. Mr. Oxenfeld moved, seconded by Mr. Williams, that in view of the fact that there have been no objections by any citizens, the Board adopt the Zoning Map of Area 5 as presented by the Planning Commission. Motion carried unanimously. Mr. Harriss pointed out there may have been some misapprehension that another map did not show B-1 Zone at Ogden Middle Sound, but Mr. Mallory stated the Planning Commission does not go quite this far in Zoning of this area. Public Hearing was closed. ~666 MINUTES OF THE MEETING - JUI,Y 6, 1971 -(CONTINUED) - HILLSIDE SUBDIVISION~ SECTION 1 - P1r. Mallory stated the Ylanning Department is holding a bond on Hillside Subdivision, Section 1. Subdivision is off Carolina Beach Road just south o£ Masonboro Loop Road. The Plannin~ Department has bond to cover additional required improvements that are needed which will expire July 16, 19~1. Request has been received for submission of another bond because the owner has not been able to get improvements completed. The Planning Commission recommends that the Commissioners permit the developer to submit another bond for a year, but since we are in inflationary times to increase the bond by $1,000. Mr. Williams moved, seconded by Mr. Oxenfeld, that extension be granted and new bond increased by $1,000 as recommended by the Planning Commission. Motion carried unanimously. DISCOUNT SCHEDUI,E FOR PREPAYMENT OF TA~S - Mr. Powell; Tax Supervisor, recommended discounts on prepayment of taxes be allowed as in the past, because the Machinery Act of 19'J1 will not be e£fective until July 1, 19'71 and discounts have already been allowed. Mr. Oxenfeld moved, seconded by Mr. Williams, that resolution stating, "that the schedule of discounts for prepayment of taxes in effect in the taxin~ unit on June 30, 19'71 shall con- tinue in effect through November 1, 19']1, but no longer" be adopted, retroactive to July 1, 1°,'71. Motion carried unanimously. TAX LISTING - W.hRFr,r., INC. - Mr. Powell stated Wabell, Inc. had been notified by registered mail and by other letters to list their taxes but to date they had not done so. Mr. Powell recommended for 1970 a total tax value of $19,']13 and for 19~1 a total tax value of ~38,500. Mr. Williams moved, seconded by Mr. Oxenfeld, that the recommendations of the Tax Supervisor be approved and Wabell, Inc. property be assessed at the figures Mr. Powell rec~m- mended. Motion carried unanimously. BUDGET DISCUSSION - By common consent it was agreed budget discussion will begin at 5:00 P.M., ~aith one hour for supper, Monda~ July 12, 1971. Meeting recessed 9:50 A.M. Meeting reconvened 10:05 A.M. MEDICAID COST UNDER NEW STATE APPROPRIATIONS - Miss Hall, Social Services Director, spoke regarding Appropriations Bill recently passed concerning Medicaid. Bill limits hospitalization to 10 days only; County has 5 or 6 people who sta~ in hospital longer than 10 days each month. This means because of' lack of state dollars County cannot get federal dollars. Bill limits skilled nursing home care to $14 per day. Medicenter is now charging $21 per day; County has 32 people there. Bill limits skilled nursing home care to the categorically needy which at this point means if you have over $10 per month income, you are not categorically needy if you are in a skilled nursing home. County has 100 of these people. Counties have been fighting for the state to take over County share; state cannot absorb it and continue services. State says they will cut to 10'/ but it is really 30 to 35% and they will cut services. Miss Hall stated they recommended the state take over 3/4 0£ the share and the County pay 50'~ of what it paid last year and hold the services. Miss Hall stated County is paying hospital $'75.00 per day through medicaid. To keep the ones in Medicenter will cost $81,000 per year County money. Chairman Harriss suggested Mr. Williams set up a telephone conference call with Mr. Morrisey and Miss Hall to clarify the question and see what can be done to aid the Counties. Miss Hall stated it will cost the County $252,440, this year, therefore this is not saving the County anything. HIGHLAND DUNE, SECTION 1 SUBDIVISION PLAT - Mr. Mallory stated this subdivision is located in the Castle Hayne Area where Blue Clay Road intersects with Secondary Road 1002 by Superior Stone. There are 18 lots fronting on a state maintained road. There are no required improvements which the developer will have to put in at this time. The Planning Commission has recom- mended approval. Mr. Mallory stated the Chairman of the Planning Commission has not yet signed the plat. Mr. Oxenfeld moved, seconded by Williams, that the Chairman be authorized to sign this plat, subject to approval of theChairman of the Planning Commission. Motion carried unanimously. Meeting recessed at 10:20 A.M. Meeting reconvened at 10:25 A.M. RE9UEST OF CITY COUNCIL FOR FINANCIAL ASSISTANCE IN PARKS AND RECREATION AND HUMAN RELATIONS - Mayor Schwartz spoke on behalf of the City requesting financial help for the City's Parks and Recreation and Human Relations Programs. Mr. Harriss pointed out agreement between County and City when County took over the Health Department and Civil Defense relieving City of any expense except space for Civil Defense. Agreement was no additional departments should be consolidated because of compli- cations involved. Mr. Harriss pointed out the County had increased the tax ratio from 50'~ to 100'~O resulting in much criticism of the County in order that the City might operate on a sound basis. Mr. Harriss stated the County does not feel at this time it can consider any further requests for sharing in their functions. MINUTES OF THE MEETING - JULY 6. 1971 -~CONTINUED) - REQUEST OF CITY COUNCIL FOR FINANCIAL ASSISTANCE IN PARKS AND RECREATION AND HUMAN RELATIONS (CONTINUED) - . . . Mr. Harriss stated the last 1'ive or six agreements with the Wilmington Housing uthority contained no provisions for the County to collect funds in lieu of taxes whereas they do pro- vide for the City of Wilmington to collect funds in lieu of taxes. Mr. Symmes spoke saying the City is hard pressed for funds to operate ~pie Park. In £urther discussion it was pointed out if the County did participate, it would have to come from non-taxable revenue which it does not have. ss~ Mr. Williams stated that in order for the City Council to approach their budget realistically he thought they should have an answer this morning. Mr. Williams moved, seconded by Mr. Oxen- feld, that the Board of County Commissioners decline to grant the request made by the City. Motion carried unanimously. ADJOURNMEIQT - There being no further business to come before the Board, Mr. Williams moved, seconded Mr. Oxen£eld, that the meeting adjourn. Motion carried unanimously. Respectfully submitted, Hazel Savage Clerk to the Board H,5/by NINUTES OF THE P1~ETING - JULY 19. 1971 - 9:00 A.M. - ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chair- man Meares Harriss, Jr., Commissioners J. M. Hall, Jr., 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, in the absence of the scheduled minis- ter, asked Mr. O~cenfeld to give the invocation. APPROVAL OF MINUTES - Mr. Oxenfeld moved, seconded by Mr. Hall, that the minutes be approved as written. Mo- tion carried unanimously. REPORTS - No reports were due by or through the Commissioners' office at this time. RESOLUTION - COL. GEORGE W. GILI,ETTE - Mr. Harriss presented a resolution expressing sympathy of the County Commissioners and the citizenry of the area to the family of Col. George W. Gillette in the loss of this dis- tinguished. citizen. Mr. Hall moved, seconded by Mr. Oxenfeld, that the resolution be adopted and copy be fur- nished Col. Gillette's family. Motion carried unanimously. A.B.C. PERMIT REQUESTS - The following A.B.C. Permit Requests were presented to the Board: The Blockade Runner, Wrightsville Beach;, Sea Horse Cafe, 1311 Dawson Street; Arab Shrine Club, Inc., 113 Market Street; The Wilmington Singles Club, Inc., Masonboro Loop Road; and Zip Mart, Inc., Box 226, Greenville Loop.Road. Mr. Oxenfeld moved, seconded by Mr. Hall, that the requests be referred to the Sheriff for investigation and recommendations. Motion carried unanimously. REQUEST OF CAROLINA BEACH FOR A NO WAKE ZONE ORDINANCE EFFECTIVE FROM TIiE INTER-COASTAL WATER WAY TO THE HEAD OF THE CAROLINA BEACH YACHT BASIN.- Chairman Harriss advised the Town of Carolina Beach has requested a no-wake zone area be established roughly from Snow's Cut to the Municipal Dock at Carolina Beach. Mr. Fox advised the Board the procedure to follow is to hold a public hearing, after which the Commissioners pass a resolution requesting permission from the North Carolina 4Jildlife Commission to erect signs. Mr. Oxenfeld moved, seconded by Mr. Hall, that public hearing be advertised in time for the Commissioners' next meeting which is August 2, 1971. Motion carried unanimously. Later it was found Public Meeting could not be arranged in time for this meeting. It is set for August 16, 1Q~1. FORMAL APPOINTMENT MEMBERS TO MENTAI, HEAI,TH ADVISORY BOARD - Mr. Hall moved, seconded by Mr. Oxenfeld, that Mrs. Joseph M. James, Mr. Quintel Smith, and Mr. John Van B, Metts, Jr. be formally appointed to the Advisory Board o£ the Southeastern Mental Health Center for four year terms, beginning September 1, 19~1 and ending August 31, 1975. Motion carried unanimously. ~