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1969-09-15 Regular Meetingr ~ 8:'7 MINUTES OF THE MEETING - SEPTEMBER 15, 1969 ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commissioners' Room with the following present: Chairman J. M. Hall, Jr., Vice-Chairman Meares Narriss, Jr., Commissioners John Van B. Metts, Jr., H. A. Marks, Berry A. Williams; County Attorney James C. Fox; County Administrator Laurence 0. Bowden; and Hazel Savage, Clerk to the Board. County Auditor Perry Shepard was absent. INVOCATION - Chairman Hall called the meeting to order and asked Rev. A. F. Hooper, Pastor, Price Cathedral A.M.E. Church, to give the invocation. APPROVAL OF P4INUTES - On Page 4, under headino "Payment of Rent For Office 5pace for District Court 5olicitor Walker'~, first sentence should read: "By common consent it was agreed to continue to pay $35 per month rent . . ." - After making the above correction, Mr. Marks moved, seconded by Nir. Metts, that the minutes be approved as corrected. Motion carried unanimously. REPORTS - No reports were due by or through the County Commissioners. A.B.C. PERMIT REQUESTS - A.B.C. Permit Requests from Wood~s Supperette, 1100 Orange Street; Hanover Grili, 1120 Princess Street; and Shalimar Drive In, 4010 Market Street were presented to the Commissioners. Mr. Harriss moved, seconded by Mr. Metts, that these requests be referred to the Sheriff~s Department for consideration. Motion carried unanimously. ROAD PETITIONS - N. CRESTW00~ DRIVE, N. C. STATE ROAD 1526 (Mvrtle Grove), and HORNDALE DRIVE - Mr. Marks suggested that all road petitions be referred to the Plannino Department be- fore they are presented to the Board of Commissioners. Mr. Harriss felt th~y should come before the Commissioners first. ' Mr. Harriss moved, seconded by Mr. Williams, that the above road petitions be for- warded on to the State Highway Commission with our approval, if the Planning Department has no objectaons. Motion carried unanimously. Mr. Narks said since road petitions sometimes come in a week before a Commissioners' meeting, he thought they 'should be forwarded to the Pianning Department for their recommerid- ation. By common consent the County Administrator r~as instructed to take such steps in the future. LEASE AIRPORT LAND TO DEUTSCH FILTORS FOR NITRIFICATION FIELD - Mr. Ronald Rowe, Attorney, and Mr. Henry von Oesen, Engineer, appeared on behalf of Deutsch Filtors to request the Board to lease a 2~ acre tract of land to Deutsch Filtors for a nitrification field. Mr. Rowe had prepared draft of lease for approval by the Commissioners. Mr. Harriss suggested 2 recapture clause be included in the lease which would make it possible for the County to reclaim the property, if need arose, within 90 days. Amount of rent was discussed. Mr. Rowe said Filtors had in mind paying around $25 per month for use of the land. Mr. Harriss moved, seconded by Mr. Nrarks, that the Board accept the lease as drafted, with changes discussed, sub~ject to approval of the Airport Committee. Motion carried. Mr. Harriss moved, seconded by Mr. Marks, that'the Airport Committee examine the lease as redrawn, and that it be approved by the Airport Committee at a rate of rent not less than $25 per month and that after approval of the Airport Committee, the Chairman be authorized to sign the lease. Motion carried. PUBLIC HEARING - 20NIMG ORDINANCE - Mr. Hall opened the public hearing on the Zoning Ordinance with the following statement: Ladies and Gentlemen, at this time the New Hanover County $oard of Commissioners is going to conduct a public hearing on matters pertinent to the adoption of a Zoning Ordinance. "The proposed ordinance, with addendum, has had distribution to interes~ted and affected persons and institutions. "I believe the neti~s media have had copies of the ordinance and addendum, or proposed amendments, furnished them. A copy has been available in this,`office for perusal by interested persons. "As prescribed by law, this public hearing has been properly advertised. "Before stacting discussion on the provisions of this proposed ordinance, I want you to know Lhat this Board appreciates your interest and hopes that through your interest, cooperation, and suggestions, to produce a 2oning Ordinance arhich will ,justify its only excuse for existence, that is (1) To provide for the orderly growth of New Hanover County and ,~ (2) To secure the maximum protection of rights and pr:ivileges of all its people to i 388 MINUTES OF THE MEETING - SEPTENBER 1S, 1969 ~CONTINUED) environmental sanctity and the maximum development of Neo~ Hanover County~s resources consist- ent with orderly growth." Mr. Hall then asked County Attorney Fox to make a brief statement as to the legality of this planned action and whether or not we have come to this point in compliance with the pertinent laws. Mr. Fox informed the people present that the General Assembly has authorized the various counties in North Carolina to enact Zoning Ordinances, therefore New Hanover County does have ' the authority to adopt the ordinance. Mr. Hall said: "I want to assure all of you that though we have come up with a proposed ordinance, that is exactly what it is - a proposal. "A decision on this ordinance will not be announced today. It will be done after all the suggestions and criticisms of this hearing have been discussed r~ith our Planning Departz~` ment with an open mind." Mr. Hall acknowledged a list of suggestions which Mr. J. Aifred Miller had submitted and advised him they would be considered. The chair recognized Mr. Vernon F. Daughtridge, Attorney, who was representing the New Hanover County Mobile Home Dealers Association. Mr. Daughtridge read a petition calling for amendment of portions of the ordinance. One of the things pointed out was that now the ordinance defines a mobile home under "special use" which wovld put it under closer regula- tions than a permanent dwelling. The petition contained 300 signatures. Mr. Daughtridge was advised by Mr. Hall that the petition would be taken into consideration. A. M. Lewis, Pr,esident of the Mobile Home Dealers, spoke next and said he felt some of the sections in the ordinances were unconstitutional and discriminatory. Mr. Crisp spoke and said he appreciated being heard and would like for the Board to oive consideration to the suggestions contained in the petition presented by the Attorney for the Mobile Home Association. Mr. Mallory of the Planning Department told the people Mobile Homes will still come under the Mobile Home Ordinance. It was,pointed out that Masonboro will be the first district zoned. Nr. Joe Reaves, Realtor, spoke at this time. First, he said, he would like to con- gratulate the group that put the ordinance together and secondly, he concurred w3th Chairman Hall this would provide orderly growth in the community. Mr. Reaves suggested several changes in the ordinance and was advised by the Chairman and Mr. Neil Mallory, of the Planning Department, these suggestions will be considered. Mr. J. D. Orreli, Port Engineer, for a local towing firm, read a statement which he had prepared. He said he was opposed to adopti~on of this ordinance; he felt it would not only deprive a person of his natural property rights, but would also be an added burden to the already over-burdened tax payer, Mr. Clayton Fountain, a mobile home park owner spoke in opposition to the proposed ordinance. Mr. D. L. Jones spoke to the point that no one would want to put a mobile home on a lot that would create a health hazard. Also, Mr. Jones said mobile home ownership does not apply only to low income people but high income folks as well. Mr. Hall pointed out that this might not be a perfect;,ordinance, but there is a sincere desire to establish orderly growth in New Hanover County. Also, the Board is authori2ed to amend the ordinance, if necessary, by additions or deletions. Mr. Harriss pointed out that New Hanover County is faced with two problems; namely good water and disposal of waste. Mr. Harriss said the County is moving toward providing water and sewerage, but this will take time. In the meantime, the County 1-aas to guard water we take out of the ground, because we do not want any epidemics in the County., h9r. Hall thanked the people for coming to the hearing and assured them their suggestions would be taken under advisement before the ordinance is adopted.. Mr. I. John Tinga, Chairman of the Planning Commission, read a letter from Mr. Philip Green, an Official at the Institute of Government, in which he said it was one of the best written 2oning ordinances ever presented to him. Mr. Tinga said Mr. Mallory had done a great deal of study and conferring with many people before preparing the ordinance. Mr. Harriss suggested to Nr. Mallory that a realtor and a mobile home dealer be present when finalizing the proposed ordinance. Mr. Hall told Mr. Mallory he would get in touch with him about this. LOCAL GOVERNMENT STUDY COMMITTEE REPORT - Mr. Menke of the Chamber of Commerce appeared before the Board and presented each Commissioner and the County Administrator a copy of the Local Government Study Committee Report dated May 21, 1g69. Mr. Menke said+this committee was appointed in the Fall of 1968 to make a study of the feasibility of consolidating governments of the City of Wilmington and New Hanover County. The report was accepted by the Board. RENOVATION OF 5&H GREEN STAMP BUILDING Mr. Herb McKim and Mr. John Jefferies of Ballard, McKim and Sawyer, appeared before the Board with a new floor plan which had been suggested by Mr. Marks. Mr. McHim said they had ~ ~ " 3~8 J MINUTES OF THE N~EETING - SEPTENiBER 15, 1969 (CONTINUED) RENOVATION OF S&H GREEN STAMP BUILDING -(CONTINUED) restudied the situation after meeting with Messrs. Harriss, Metts, and Bowden on Friday, September 12th. Mr. McKim discussed the plan with the Board and said he estimated the renovation according to the new plan would cost from $28,000 to $30,000. Mr. Marks moved, seconded by Mr. Netts, that the plan be approved with exception of partition in the storage room to be used by Board of Elections and Commissioners and re- versing the toilets and adding additional commode in the men~s toilet. Mr. Harriss made a substitute motion, seconded by Mr. Hall, that the Board approve the plan and follow Mr. McKim's suggestion concerning the toilets and that as soon as specifi- cations are prepared, bids be called for. Motion carried four to one. Mr. Williams voted "No". Mr. McKim said he would notify the office the date of bid opening. RECO[~'IINENDATIONS OF PLANNING DEPARTMENT CONCERNING COURTHOUSE SPACE - Mr. Edwards, of the Planning Department, discussed briefly Mr. Wood~s memorandum dated September 12 relative to the Planning Department's recommendations for use of space in the Courthouse. The Planning Department does not recommerid r.enovation of the S8H Building. It recommends demolishing it and using the space for parking. The Planning Department re- commendeds~renting^space for the Tax Office, moving the County Administrator~s office in the Tax offices, using Commissioners~:Room, and space now used by the Tax Appraisers, for a courtroom. The Planning Department then recommended working out some arrangement with the City for use of their meeting room in which to hold the Commissioners~ meetings. N[r. Marks suggested action be deferred until this emeorandum could be studied. AIRPORT PARKING AND RENTAL REGUd:~.FCIONS-PRIVATE PILOTS - Mr. Harriss advised the Board that the Airport Committee and the private pilots had come to an agreement on parking and the rent to be charged. Mr. Harriss said beginning October 1, $7.50 per month will be charged each private pilot for rent. Mr. Westbrook and the pilots will decide on space for parking which will be agreeable to both. Also, Mr. Harriss said Mr. Fox had been requested to draw up lease agreements holding the County blameless for any liability and containing a vacate clause. MEETITdG RECESSED - AL this time, 12:15 P.M.,~~the meeting was recessed for lunch with Mfi: JohnCNor.r.isey:~and, Mr::Jersy-Ellibtt;_both:from:th2cNorth:Carolina Association of County Commissioners. N~ETING RECONVENED - ,, Meeting reconvened at 1:35 P.M. with all the Commissioners, County Administrator and Clerk to the Board present. TERMS OF CIVIL SERUICE COMMISSION MEMBERS - Mr. Williams advised the Soard that the terms of the present members of the Civil Service Commission have expired and moved, seconded by Mr. Metts, that the Chairman be authorized to make appointments to the Commission. Motion carried. PROGRESS REPORT ON JAILER'S QUARTERS - Mr. Bowden called attention to the memorandum he had written the Commissioners on September 11 outlining his recommendations concerning space in the covrthovse. Mr. Williams suggested Mr. Bowden proceed with the Jailer's quarters as ovtlined. By common consent it was agreed Mr. Bowden get estimate of cost of this. Mr. Harriss said he felt there should be a committee to make a study of the Jail. DEPOSITS IN SMALL BANKS - Mr: Harriss discussed possibility of the County making deposits in smailer banks such as First Union National Bank. By common consent it was agreed to request the County Ad- ministrator to talk with the County Auditor concerning this. REDUCTION OF HUD FUNDS - Mr. Hall discussed briefly the reduction in appropriation to HUD for monies spent b,y counties for water and sewerage systems and suggested letter be written to Senators and;' Congressmen of our District expressing the Board's concern. Mr. Metts moved, seconded by Mr. Ma"rks, that the Chairman be authorized to write the letter. Motion carried. 1% SALES TAX - Mr. Hail suggested requesting the Chamber of Commerce to work up publicity for the 1% 5ales Tax. Mr. Marks said he felt it would be more receptive from the Chamber of Commerce. Mr. Metts was requested to discuss this with the Chamber of Commerce. Mr. Williams suggest- ed if the Chamher of Commerce declines, that the Chairman be authorized to appoint such committee as he thinks necessary to pursue it. Mr. Metts said;he felt the Chamber of Commerce will handle the publicity, since they have gone on record as favoring the tax. \ 390 MINUTES.OF THE MEETING - SEPTEN~ER 1S, 1969 (CONTINUED) BRIDGE DEDICATION - Mr. Hall reminded the Board of Commissioners of the Bridge Dedication to be held on September 2b, 1969. CAROLINA BEACH CHAMBER OF COMMERCE MEETING - By common consent it was agreed that as many Commissioners as possible attend the above meeting to be held Tuesday, 7:30 P.M. at Carolina Beach. MENTAL HEALTH - TRANSFER OF FUNDS - Request from Mr. John D. Wilson, Administrative Director, Southeastern Mental Health Center, to transfer $3,000 from salary of Psychological Assistant to that of Psychologist was presented to the Board. By common consent it was agreed that the County Administrator write Mr. Wilson to determine whether or not the Executive Board had instructed this transfer. CHAMBER OF COMMERCE MEETING TO BE HELD OCTOBER 9 IN GREENSBORO, N. C. - Attention was called to the fact that a meeting was scheduled to be held in Greensboro by the Chamber of Commerce on Community Activities and that the Commissioners had been invited to attend. Mr. Harriss said he thought he might be able to fly up and several of the other Commissioners thought they could attend also. DISTRICT N. C. ASSOCIATION OF COUNTY COMMISSIONER'S I~ETING ON 1% SALES TAX - Mr. Hall reminded the Commissioners of the District Meeting of the N. C. Association of County Commissioners to be held on September 2f} at the Pender County Library in Burgaw at 3:00 P.M. MATADOR MISSILE AT AIRPORT - Discussion was held on whether or not to give the Matador Missile to the Fort Fisher Air Force Station for display there. Mr. Harriss said decision should be deferred until it could be determined whether the Airport wished the missile to remain there; that they might have gone to a lot of trouble to have it there. (Investigation made. The CAP was instrumental in procuring the missile for the airport. They advised they had no objection to allowing missile to be given to Ft. Fisher. By common consent it was agreed to allow transfer of missile with suitabie ceremoney and due recogriition to CAP) REPORT ON PLANNING COMMISSION BEING REQUESTED TO HELP WITH STUDY OF FEDERAL GRANTS WHICH ARE AVAILABLE TO CODUTY - Mr. Marks advised the Board that in compliance with its request at the last meeting, he and Nr. Williams had discussed with Mr. Wood the need for assistance in getting Federal Matching funds. Mr. Wood said the Planning Department definitely had need for another Planner. The City Manager was cont2cted and he said he did not feel there is a need for this and suggested the prospective County Administrative Assistant be given this responsibility. Mr. Williams said the City Manager did indicate they could use several individuals in the City but did not have money to do it in this fiscal year. Mr. Williams said he felt like Mr. Brandon left the door ajar until next year. This will be held in abeyance with the County Administrator pursuing the idea of getting a Tax Supervisor or Administrative Assistant. TAX DEPARTMENT - Mr. Bowden reported on his visit last week with Mr. Henry Lewis, Tax Expert. Mr. Bowden said the brunt of taxes is being borne by property owners. A full time Tax Supervisor could see that taxes are more equitably placed and distributed, and if this were done, it would assuredly pay many times his salary. Mr. Bowden discussed difficulty presently experienced in the Tax Office coming up with balance between Data Processing and Tax Office. He said fault lies with both. Mr. Bowden complimented employees' efforts but said, the County does not have a well run tax office, and he had rather have a fuli time Tax Supervisor than an Administrative Assistant. TAX RATIO - D3scussion was held on changing the tax ratio. Mr. Hall said the City had br~ught the matter up due to the fact the City cannot under the Statu~e raise their tax rate and on the 50 percent ratio cannot produce sufficient funds to furnish services needed. Mr. Hall said the other municipalities would be heard before a change is made. Before a change can be made, it has to be discussed at the first meeting of the Board of Equili2ation and Review which is held sometime in the Spring. Mr. Harriss said it does not necessarily involve an increase in taxation; the value instead of being on 50 percent basis would be on 100 percent, and the various communities would ad~just their tax rates. Mr. Hall said it was the intent of the Board to increase the ratio, but other municapalities wili be heard from, and he and Mr. Fox will contact them. X-RAY BUILDING JAN~S WALKER HOSPITAL - Mr. Marks brought up discussion of use of the X-Ray Building at James Walker Hospital by the Mental Health Clinic. Mr. Metts said there might be a possibility of doing a minimum amount of work and moving Mental Health there. Also, Mr. Metts said this would preserve the building. Mr. Harriss said he concurred wholeheartedly. Mr. Metts suggested getting Mr. John Wood to check the electrical wiring. Mr. Marks said he would present the idea to the ~ental Health Advisory Board at-their next meeting. By common cvnsent Mr. Bowden was requested to get estimate on painting, cleaning and checking into use of a boiler. ARTIFICIAL FISHING REEFS - Mr. Harriss brought the Board up to date on the status of the artificial fishing reefs which have been proposed. He advised the Board that the first appiication for permission to bu.ild the reefs contained specific'ations including buoys. He said the application was approved but with the understanding there would be two buoys on each reef which would have to be liohted. This would cost around $20,000. Mr. Harriss said even though the Federal Government would furnish funds for the buoys, he did not feel money should be spent if there was no need to do so and too, it would take about a year to get the funds. Mr. Harriss said new appiication has been filed with some slight changes, substituting tires instead of auto bodies which will be better and eliminating the buoys. ~3~1~ MINUTES OF THE MEETING - OCTOBER 15, 1969 (CONTINUED) CLEARING OF GRASS FRO~ RIGHT-OF-WAY OF HIGHWAYS - Mr. Williams called attention to the hioh grass on the right-of-ways around the County and sugg,ested contacting the State Highwa~y and requesting they endeavor to do something about it. By common consent Mr. Hall will check with the Highway Department. INSPECTION OF THE VOLUNTEER FIRE DEPARTMENTS - I~Ir. Hall advised the Commissioners that inspection of the Volunteer Fire Departments will be held on ~onday Evening, October 6 at 7:00 P.M. The Commissioners will meet at the Winter Park Volunteer Fire Department and go from there. WORKING HOURS OF COUNTY EMPLOYEES - Mr. Bowden brought to the Soard's attention that a County Employee is now working through her lunch hour and leaving an hour earlier in the afternoon. Mr. Bowden pointed out that the Personnel Plan, as it stands now, a Department Head has the authority to set hours of employees in his department. By common consent the Commissioners asked Mr. Bowden to m2ke amendment to the Personnel Plan; requiring an employee to take his lunch hour and get off work along with other employees in the afternoon. ADJOURNMENT - There being no further business to come before the Board, Mr. Hall moved, seconded by Mr. Williams, that the meeting adjourn. ~otion carried. Respectfully submitted, Ha2e1 Savage Cle"r,k to the Board NINUTES OF THE MEETING - OCTOBER 6, 1969 ASSEMBLY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held • on the above date and time in the Commissioners' Room with the following present: Chairman d:. ~: Ha:L1; Jr,.:; Vice-Chairman.~eares Harriss, Jr., Commissioners John Van B. Metts, Jr., H. A. Narks, Serry A. Williams; County Attorney James C. Fox; County Administrator Laurence O. Bowden and Hazel Savage, Clerk to the Board. County Auditor Perry Shepard was absent. INVOCATION - Chairman Hall called the meeting to order and asked Rev. J. Phillips Williams, Pastor, Price Cathedral A.M.E. Church, to give the invocation. APPROVAL OF MINUTES - On Page tS, under heading "X-Ray Buiiding James Walker Hospital'~, fifth sentence should' read: "Mr. Metts suggested getting Mr. John Wood to check the electrical wiring arid the Plumbing Inspector to check the pipes." Also, the last sentence should refer to "a boiler'~ instead of "the boiler". After making the above corrections, Mr. Narks moved, seconded by Mr. Netts, tfiat the minutes b`e approved as corrected. Motion carried unamimously. REPORTS - Mr. Sam Johnson, Tax Collector, presented his report on taxes collected to date to the Board of Commissioners. Also, Mr. Johnson presented his report on Delinquent Personal Property taxes collected to date: Mr. Johnson advised the Commissioners that before bills for 1969 taxes can be mailed, pre- payments must be posted. This was begun in Mr. Shepard's office this morning. ZONING ORDINANCE - Mr. Graham Herr appeared before the Board of Commissioners with approximately 257 names signed to a petition opposing adoption of proposed zoning ordinance. Their petition read as ' follows: "We, the undersigned citizens of New Hanover County are opposed to the proposed zoning ordinance and hereby petif.ion the County Commissioners NOT to adopt it. This ordinance would take away another of our few remaining rights - the right to use our property - that many of us have owned and paid taxes on for years - as we see fit. It would also require us to go to the building inspector, get his permission, and pay for a permit before we could do anything. This would give the building inspector absolute power of a dictator as far as using our own property and cause undve hardship on the average property owner in addition to depriving us the use of our property." Chairman Hall said the Board would accept the pet•ition, but wished it pointed out specfically the things that are objectionable. Mr. Hall said we would have to have a zoning ordinance to protect people from having objectionable things being put next to them. Mr. Hall said he was aware of people being fearful or apprehensive that it will get out of hand, but the same Board that passes the ordinance will be sensitive to anything that gets out of line. Mr. Metts pointed out that only one section is being zoned at this time (Masonboro). Mr. Hall assured Mr. xerr that before any other sections are zoned, there wili be ample advertising before a public hearing is held.