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1969-12-01 Regular Meeting~ 4~:~ MINUTES• OF TFIE MEETING November 1'7, 1969 (CONTINUED) REPORT OF MR. MARKS ON VISIT TO RAI~EIGH RELATIVE TO RENOVATION OF X-RAY BUILDING, JAMES WALKER HUSYITAL - (CONTINUED - Mr. Marks said the Mental Health Board has negotiated further with Dr. Crouch concerning the renting of his former office building for $400 per month. Dr. Crouch was advised County is not able to invest in renovation, and would like for him to consider renovating, and charging Nental Health several months rent in advance. Mental Health would recommend rent of $250 per month; owner being responsible for all exterior repairs and inside repairs over ~5o- Dr. Crouch reconsidered and said he would go along on basis of $250 per month, makin~ the necessary alterations. Mr. Marks said Executive Committee and full Mental Health Board authorized him to recom- mend to the Commissioners that they accept this offer for a minimum of 24 months. Mr. Metts moved, seconded by Mr. Marks, that the offer be accepted as recommended by the Mental Health Board and as presented by Mr. Marks; funds for additional rent to come from repair item in Bud~et for renovation of the X-Ray Building at James Walker Hospital. Motion carried. SPECIFICATIONS FOR CARGO, BAGGAGE. AND F.l~.A. BUILDINGS - Mr. Jefferies brought in specifications for the Cargo, Baggage, and F.A.A. Buildings at the Airport. Mr. Marks moved, seconded by Mr. Hall, that the matter be referred to the Airport Committee and if specifications are satisfactory, to authorize the architect to advertise for bids. Motion carried. RESOLUTION SUPPORTING NEW APPROACH TO TAXATION OF MOTOR VEHICLES - Letter from Mr. Roddy M. Ligon, Jr., enclosing resolution adopted by the Forsyth County Board of Commissioners concerning new approach to taxation of motor vehicles ~aas brought.before the Board by NLr. Bowden. By common consent our legislators will be advised the New Hanover County Board of Commissioners supports this resolution. ADJOURIQMENT - There being no further business to come before the Board, Mr. Metts moved, seconded by Mr. Williams, that the meeting adjourn: Motion carried. Respectfully submitted Hazel Savage Clerk to the Board MINUTES OF THE MEETING December l, 1969 ' '~ A,SSEP"iBLY 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. Ha11,Jr., Vice-Chairman Meares Harriss, Jr., Commissioners John Van B. Metts, Jr., H.A. Marks, Berry A. Williams; County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator I,aurence 0. Bowden, and Patricia Bowman, Acting Clerk to the Board. Mrs. Hazel Savage, Clerk to the Board, was absent. INVOCATION - Chairman Hall called the meeting to order and asked Rev. Wayne Barkley, Pastor, First Assembly of God Church, to give the invocation. APPROVAL OF MINUTES - On Page 2, under heading "Contract-Data Processing," Mr. Shepard requested first sentence in 6th paragraph read; "Mr. Shepard said the County could not go further this year with Independent Data Processing, unless programs are revised or new programs written, whichever is applicable." On Page 2, Mr. 4Jilliams requested deleting "Mr. Williams questioning the motion", under heading "Civil Defense Request-Employ Relie£ Help", the last sentence. On Page 8, Mr. Williams requested changin~ the word "trustee" to "trusties" under heading "Application for Grant For Jail", Paragraph 9, sentence 2. On Page 11, Mr. Metts.requested last paragraph under "Report of Mr. Marks on visit to Raleigh relative to renovation of X-Ray Btzildin~, James Walker Hospital", should reflect "Mr. I`ietts moved, seconded by Mr. Marks." In Paragraph 2, under heading "Resolution supporting New Approach to Taxation of Motor Vehicles, Page 12, sentence should read: "By common consent our legislators will be advised the New Hanover County Board of Commissioners supports this resolution." Mr. Marks requested the word "approved" be added to the Resolution on Outside F~ployment in the stipulations. The 3rd stipulation should read "All outside employment with flzll details must be processed through the County Administrator and approved by the Commissioners before accepting employment." This resolution will appear in the Personnel Manual. A£ter makin~ the above corrections, Mr. Williams moved, seconded by Mr. Harriss, that the minutes be approved as corrected. Motion carried. ~,~s MINUTES OF THE MEETIPTG December l, 1969 (CONTZNTTED) / REORGANIZATION - . Mr. Hall said it was notia time for the reorganization of the Board and asked for nominations £or the position of Chairman. Mr. Marks moved, seconded by Mr. Harriss, that John Van B. Metts, Jr., be elected Chairman. Vote was called and Mr. Metts oaas elected Chairman unanimously. Mr. Hall said there could be no better choice for the position. Mr. Metts accepted the position and in turn presented Nir. Hall with the ~avel he had used during his Chairmanship. Both Chairman and Commissioner Hall then read statements of their positions respectively. "I feel honored and most appreciative to be chosen by you gentlemen to be Chairman of the government that encompasses all of Neui Hanover County included the municipalities within its borders. I sincerely hope that I can fill the tremendous shoes of the man that I am follo~~ing, but I know that it will be a difficult task. I would like to take this opportunity to e~:press some of my feelings and beliefs. New Hanover County should gradually take over the functions that serve all of the citizens of New Hanover County. They should also receive the revenues that are jointly produced by all of the citizens of New Hanover County. I have heard a suggestion that the county then add a tax to cover the cost of the additional responsibilities that would be assumed. I do not think any additional taxes should be added for this purpose until it is determined what distribution should be made of the present revenues: such as A.B.C. Store profits that would be assumed by the county and also possible a redistribution of the intangible taxes. Then, if necessary, county taxes could be adjusted, and so could the taxes of the municipalities that had been performing those services and have been relieved of the expense of them. All o£ this could not be done at one time, but I think it should be started in the folloiaing manner: First the County with its additional revenue should start by assuming responsibility of the Wilmington City I,ibrary, all of the responsibility of Civil Defense and the Health Department. Secondly it should start a County-tiaide recreational program that would eliminate the need o£ a recreational program in the cities of Wilmington, Wri~htsville Beach, Carolina Beach and Kure Beach. One of the most important things that should be done in this program is to provide better recreational facilities in the northern part of the inner city. It is felt that the school system's recreational facilities should be used and included in this total recreational pro~ram, as long as it does not interfere with the educational process. I believe the members of the Board of Education would be agreeable.to this, as they have already done this in a limited way. All of these facilities were constructed with your County ~ax dollar. I feel we should get the greatest utilization out of everything on which a tax dollar is spent. I strongly feel that our ultimate goal should be to consolidate all municipalities within New Hanover County and the Government of New Hanover County into one govern- ment. This should be done in an orderly fashion. We are already the most consoli- dated of any in the state of North Carolina. This effort should be continued as just outlined with additional steps taken when this has been accomplished. Thank ~ou." **^* "Gentlemen: I want you to know that I have enjoyed the privilege and honor of having been your Chairman for the past year. It has been a rewarding e~rperience. You gentlemen have thoroughly performed your committee assignments and have certainly shown me the greatest courtesy and co- operation. I thank you. I will continue to serve the people of New Hanover County to the best of my ability as a member o£ this board. I fully agree with Mr. Metts in his views on future developments. As to the consolidai;ion of the County Government's present unparalleled growth in New Aanover County is rapidly eliminatin~ our blank spots between municipalities. Consolidation is not only becoming desirable but also feasible and practical. It is also becoming more and more psycologically acceptable to the people in all the municipalities, as well as the in beti,~een areas. Recently the county purchased enough property in the present Court House block to enable us to give serious thought to the construction of a new building to house the combined organization of the County and City governments. I think the time is right to start making plans £or three things in particular: 1. P1ans for a neva Municipa7: and Court House Bizilding, hopefully by means of a sinking fund; so that we may be able to pay for it as it is constructed rather than by means of a bond issue. 2. The appointment of a committee to start preparing a charter to present to the voters for a consolidated government. , 41~ MINUT~S OF THE MEETING December 1, 1969 (CONTINUED) REORGANIZATION - (Continued) This will take time. It vrill involve not only local changes but some changes in the constitution of the state of North Carolina in order to allow a consoli- dation. Ample time must be allowed to acquaint the people of New Hanover County with all its provisions, so then they can vote intelligently instead of emotion- ally on the subject. ~ - Such a government may not be anymore economical or cheaper, but should certainly be more effective and efficient. 3. Water: Too much water in the wrong places and too little water can both con- stitute emergencies. Our e~anding population and our growing industrial complex are going to need huge volumes of water. We are goin~ to have to face up to the problems of delivering suf£icient drinking water to people and adequate supplies of raw water to industry. We must continue to let this be one of the needs uppermost in our minds, until it is accomplished. Nova Johnnie as you assume your new duties I recommend that you pursue these items with your usual energy and thoroughness." ***. Mr. Hall then moved, seconded by Mr. Williams, that Mr. Meares Harriss, Jr., continue his position as Vice-Chairman. By acclamation the motion carried. In the appointment of County Attorney, Mr. Williams moved that Mr. Jim Fox continue his services u.ntil a full-time Attorney can be emplo~ed. Mr. Harriss seconded the motion and moved nominations be closed. Motion carried unani- mously. Mr. Fox accepted the temporary re-appointment. Mr. Williams moved Mrs. Hazel Savage be re-appointed as,Clerk to the Board; seconded by Mr. Hall. Motion carried unanimously. Mr. Harriss reouested by common consent Mr. Laurence 0. Bowden's position as County Administrator be re-affirmed. REPORTS - Mr. Sam Johnson presented his report on "Settlement of 1968 Tax Collections" to the Board. Messrs. Harriss and Williams expressed concern about this report oP uncollected taxes, expecially the Personal Property Tax. •Mr. Hall then asked hoia much personal property tax involves automobiles and. suggested a possible change for the sale of automobile licenses. Mr. Johnson said "We would have a terrible time havi.ng the Department of Motor Vehicles approve the proposed change in the sale of automobile tags. He then said it would be a terrific burden on the Collector's Office and the difference in time when the taxes are due and when the licensed tags are purchased would make it next to impossible. On Page 2 under the heading "Reports", after the third paragraph, Mr. Williams requested the following be inserted: "Mr. Williams recommended that the $64,1~6.11 item listed as delinquent personal property taxes in the Tax Collector's 'Settlement' Report be disallowed and referred back to the Tax Collector for further ef£ort toward collection." By common consent the above corrections were approved. Mr. Harriss asked Mr. Fox if the County Commissioner with their ordinance making authority, could require the display of a ta~ showing the ta~c had been paid on the vehicle. Mr. Fox said he thought it was possible to do this. Mr. Harriss said possibly the Tax Supervisor's Office could perform this function. The Chairman then requested Mr. Harriss to further investigate and report his findings to the Board. Mr. Williams questioned whether the amount of ~64,1'76.11 was included on the former list. Mr. Williams said he l~ew of two names on the list that are continuing to do business in New Hanover County and that he had done business with in the last year. He stated further that all taxpayers should be treated equal and no partiality shown. He did not want to vote to accept this list as insolvent because all of them are not; that some could be collected. Mr. Harriss said the money owed to the County should be collected, and when a full-time County Attorney is hired this can be handled through his office. Mr. Hall stated the word "insolvent" should be changed to "delinquent", the Board of Commissioners declare "insolvencies." Mr. Harriss moved, seconded by Mr. Hall, that tiae accept Mr. Johnson's report. In discussion, Mr. Williams wondered if the 196~ Report would be charged off. Mr. Harriss said "charging off" would not effect collectivity. The motion would allova Perry Shepard to bring his books up to date, reflecting the actual amount o£ collections. Mr. Williams asked if list is now shown as uncollectable.. Mr. Johnson answered "yes" and "no". I,aw states you must call on every place of residency which is an impossibility. Vote was called. Four voted "yes", Mr. Williams voted "no". ~ 41'8 ~ MINUTES OF THE MEETING December 1, 1969 (CONTINUED) REPORTS - (Continued) On Page 3 after the tenth paragraph, Mr. Williams suggested spreading on the minutes the 1968 list of insolvents which Mr. Johnson had £urnished. Meares Harriss then moved, seconded by H.A. Marks, that Mr. Shepard be authorized to "charge off" uncollectable 196'7 taxes in the amount of $650,552.88. A11 voted "yes", except Mr. Williams who voted "no". On Page 3 after the eleventh paragraph, Mr.Llilliams suggested spreading the 196'] list of insolvents on the minutes. Mr. Johnson presented another report on taxes collected through November 25, 1969. Mr. Harriss asked how much of ~32g,245•30 is collectable by liens? Mr. Johnson said all of the amount. Discussion followed on the need to up date the computerized services of the Tax Department. The Board suggested Mr. Shepard assure this service be available in the future contract for data processing. Mr. Hall moved, seconded by Mr. Williams, that the Tax Collector's Office be reimbursed ~9,785-66 from prepaid taxes within the General Fund. Motion carried. EXAMINATION OF OFFICIAL BONDS OF COUNTY OFFICIAI,S - Mr. Williams requested the following be inserted at top of Page 4 prior to "Subdivision (Planning Department)": "By common consent Mr. Fox, County Attorney, was requested to inspect the bonds for the employees and to advise the Board at their neyt meeting if they were consid- ered adequate." SUBDIVISION (PLAiVNING DEPARTMENT) - Mr. Tim Wood of Planning Department presented an irrevocable letter of credit that he and County Attorney had reviewed. Mr. Wood expressed concern over the difficult~ in having this letter executed. He was instructed to investigate further vahat the Planning Departments throughout the State are doing in this regard. Mr. Wood taas asked if the Ordinance required an irrevocable letter of credit and if so should not the Ordinance be amended? Mr. Wood advised the term "irrevocable letter" is in the ardinance . Mr. Metts asked that Mr. Wood's letter be included in the minutes for further consideration. Mr. Metts then asked Mr. 4lood to come back after fusther study and present a letter of credit that the Board can accept or reject; making recommendations with the help o~ his Plan- ning Board to develop a letter that will conform to the Ordinance. UNAPPROVED SUBDIVISIONS - rr. Tim Wood's letter to Mr. Harriss discussed the advertising of the Subdivision Ordinance. Mr. Harriss said many of the subdivisions are complying with the Ordinances and are going to great expense to do so. Mr. Metts then asked if former subdivision sections can come back and qualify under new and different suUdivision regulations. Mr. Wood said they could but it was costly and awkward. The sentence Mr. Wood suggested for advertising by the developers is as follows: "This subdivision meets the requirements o£ the New Hanover County Subdivision Ordinance adopted February, 1969." In discussion it was stated that anyone could use this sentence on a sign if they complied with Februar~, 1969 Ordinance. By common consent Mr. Wood was asked to take the letter back and ~o over it and come up with his recommendations and find out whether the Planning Board could assume this responsibility instead of the Board of Commissioners. REGIONAL MEETING - Mr. Williams requested the Board take no action on the resolution requested by Alexander (SEDC) in Burgaw, December 8. Reschedule it for a later date. By common consent it was a~reed to discuss it further at a future meeting. APPROVAL OF TAX LISTERS - Mr. Booaden furnished list of people for tax listing for 19']0. Mr. Harriss moved, seconded by Mr. Williams, that the list be approved. Motion carried unanimously. Mr. Hall stipulated that if a tax lister kneta of a false listing of taxes, they should report it to the Supervisor. By common consent it was agreed that the list be given one month earlier next year; it would ~ive the Commissioners time to study the list. REQUEST FOR TRANSFER OF FUNDS - CAPE E'EAR TECHNICAZ INSTIT[JTE - Mr. Harriss asked the purpose of tYu.s transfer. Mr. Hall then explained it was for a car, used for general use. T'Ir. Bowden was asked to call Mr. McLeod to discuss further the transfer and the use of the car. Mr. Harriss moved the Board accept the transfer. Mr. Marks seconded the motion which carried. CONPIRMATION OF TRANSFER OI' FUNDS - SUPERINTENDENT OF SCHOOLS - This transfer is requested to permit payment of bill to North Carolina State Board of Education for balance of $31.20 for payment o£ four school buses purchased. Mr. Hall moved, seconded by Mr. Marks, that the transfer be approved. Motion carried unanimously. ~ ~419 MINUTES OF THE MEETING December 1, 1969 (CONTINUED) ROAD PETITION - CAPPS ROkD (MASONBORO) - Upon this discussion Mr. Harriss wanted to la~ova why wasn't he aware of the Road Petitions. He knew he was on the Road Committee, but he was not aware of the Road Petition. He suggested the Committee be terminated. Mr. Hall said the Board needed a liaison between the Planning Commission, the Board of Commissioners and the State Hightaay Department, which is the purpose of this appointment. Mr. Marks suggested that a copy of petitions should be sent to Mr. Harriss as well as the Planning Board. , Mr. Marks moved, seconded by Mr. Williams, that copies should be sent to both Mr. Harriss and the Planning Board in the usual manner. Motion carried. A.B.C. FERMIT REQ,LTEST - The following A.B.C. Permit R~quests were presented to the Board: ']-Eleven Food Stores, 4140 South College Road; and The Safari, 5525 Oleander Drive. Mr. Harriss moved, seconded by Mr. Ha11, that these requests be referred to the Sheriff in the usual manner. Motion carried unanimously. MENTAL HEALTH CENTER COMPENSATORY TIME - Mr. Marks presented the request of the Mental Health Board of one evening of late hours and compensatory time. Mr. Hall questioned if the Mental Health Center is so far behind, shouldn't the County consider opening this center one evening a week on overtime basis. If it is not the best inter- est of the County, it would pay to change the policy o£ overtime. No action was taken on Mr. Hall's question. Mr. Metts then asked will this help handle more patients or curtail catching up? Mr. Marks suggested a"trial" be allowed for 30 days. Mr. Williams suggested that this be re£erred back to Mr. Marks for £urther consideration. In further discussion Mr. Harriss moved the Board approve Mr. Miller's plan since;it has been approved by the New Hanover Mental I3ealth Advisory Board. Mr. Metts asked Mr. Marks to point out to Mental Health Board the matter of Compensatory Time for "Moonlighting". . Mr. Marks then said to schedule the discussion for the next agenda and have the Mental Health Advisory Board appear before the Commission for further discussion. REHABILITATION REQ,UEST (LET~A MOORE HALL) - Miss Lela Moore Hall came before the Board and discussed Rehabilitation cases o£ New Hanover County. She pointed out that 1,100 rehabilitation cases ti~aere evident in this County. In her discussion she presented an agreement which stipulated the need for one Rehabilitation Counselor to manage an active caseload of persons. She pointed out Forsyth County had tried this plan and has found it successful enaugh to ask for an additional person. Miss Ha11 also discussed the need for a new dictating machine for the Welfare Department for this position. Mr. Williams wanted to know if the Welfare Board has studied this matter thoroughly. He pointed out he needed more time to think the matter over. Mr. Harriss suggested this matter be deferred until next meeting, agreeing with Mr. Williams. , By common consent it was a~reed that Miss Hall come back to the next Board meeting and give the Commissioners more time to study it. Mr. Marks and Miss Hall agreed the delay of action would not hold them up. WELFARE kIR-CONDITIONERS - Mr. Marks said the Board of Welfare thought $p20 each should be the cost for the air- conditioners left in their former quarters. Mr. Hall agreed with Mr. Marks and thought $20 each for 11 air-conditioners was a fair price. Mr. Marks said he knew of two people who would like to bid on them. Mr..Williams thought the Welfare Board should bend over backwards for New Hanover County because we are the taxpayers, local, state, and federal. Mr. Harriss said subject to check we should put this matter off u.ntil the next meeting. Mr. Hall moved, seconded by Mr. Marks, that the Board accept the Welfare Board's of£er of $20 each, not subject to anything, and also to rescind the former action of this Board at the November 1~ meeting. Prir. Metts thought it vaould be ~aise to check the air-conditioners so Mr. Bo~~rden followed his instructions and reported that one air-conditioner was not operating. Nir. Boo~den then said he preferred a"package unit." Mr.. Hall said he thought we could get our money out of them. Motion vaas called for. In the discussion and the vote that followed Mr. Harriss and Mr. Williams voted "no" while Messrs. Metts, Hall, and Marks voted "yes". ~znds to come from the General Contingency ~znd. ~ 42~ ~ MINUTES OF THE MEETING December 1, 1969 (CONTINUED) APPROVAL OF PAY PERIOD FOR DECEMBER 30 BE PAID DECEMBER 19 - Mr. Glilliams moved, seconded by Mr. Hall, that the Board accepi; Mr. Perry Shepard's offer to pay a11 December salaries on December 19. Motion carried unanimously. REQUEST OF R~GIST~R OF DEEDS - Mr. Bowden presented the letter dated November 14, 1959; of Mrs. Zois C. LeRay, Register o£ Deeds. Mrs. I,eRay's request for increasing Mrs. Bowen one step to 963,9s5 was recommended. The request for $2,000 additional was recommended. Motion vaas made by Mr. Hall, seconded by Mr. Williams, that recommendations of County Administrator be accepted laith the money for the Stenographer to come from Register of Deed's budget and the $2,000 additional to come from the Emergency F1~rid. Motion carried. REPRESENTATION ON ATHLETIC ADVISORY COUNCIZ (BOARD OF EDUCATION) - A letter was received and read by Mr. Metts stating a request for representation on the Athletic Council. Mr. Metts said he would like to serve on this Committee. Mr. Narks moved that our Chairman be on this Committee. Nr. Pletts then advised the Board that two members were needed. By common consent, Chairman Metts and Mr. Harriss will serve on this Committee. MR. I3ALL'S TRIP TO WASHINGTON - Mr. Hall discussed his trip to Washington on behalf of New Hanover County. Mr. Netts moved, seconded by Mr. Glilliams, that Mr. Hall be authorized to go to Washington on behalf of the County to discuss the Berm situation. Motion carried unanimously. SUPPER OPTIMIST CLUB OF WILMINGTON - A letter was received by the Chairman from the Optimist Club stating a request for aid in their drainage problem on the Optimist Ball Park in Greenview Ranches. Mr. Harriss said he was in favor of action being taken. By common consent it was referred to Mr. Bowden to handle administratively. DISCITSSION OF COMMITTEES - Mr. Metts asked each Commissioner to continue their positions on the various committees for the present time. Mr. Metts asked Mr. Hall to take over his duties on the Airport Committee and the Joint City-County Stud~ Group. Mr. Netts requested the following change be made on Page 8 under the heading "Discussion of Committees". Third paragraph should read: "Mr. Marks stated he wished to be relieved o£ his duties on the Joint City-County Planning and Zoning Board because he was unable to attend the meetings". Mr. Metts then asked Mr. Marks to continue until he can re-appoint someone. FARM CENSUS PROGRAM - Mr. Williams moved, seconded by Mr. Hall, that the Tax Supervisor be in charge of the Farm Census Program with Tax Listers assisting Mr. Bowden. Notion carried unanimously. TIME OFF FOR TAX DEPARTMIIJT - Mr. Bowden advised the Board that the personnel in the Tax Office had worked hours overtime and were requesting compensatory time off which he cannot allow. Mr. Hall moved, seconded by Mr. Marks, that "straight-time rate" be given to them at this time because the office was in an emergency situation. Mr. Botaden to furnish I`1r. Shepard time involved. ~nds to come from the General Contingency Fund. Notion carried. MiTSEUM - Mr. Eyster requested a transfer of funds in his budget from Mrs. Eyster's salary in order to hire painters for the museum. The money requested has been budgeted. Mr. Ha11 moved, seconded by Mr. Marks, that his request be granted. Motion carried. By common consent, the Board agreed to have Mr. Eyster furnish an official opening date for the museum. JAIL - After some discussion on the Jailer's request to move, Mr. Marks moved, seconded by Mr. Williams that the Jailer be allowed to move immediately. Mr. Harriss offered a substitute motion that permission be granted for the Jailer to move immediately and that the salary suggested in Mr. Johnson's letter of $50 a month for the Matron be transferred from the Emergency ~hznd to Sheriff's Salaries. Mr. Williams seconded the motion. Mr. Hall suggested that the separate motions should be acted upon covering the question of permission to move and the question of the Matron's salary. Whereupon Mr. Harriss withdrew his substitute motion and the original motion was passed unanimously. MINUTES OF THE MEETING December 1, 1969 (CONTINUED) JAIL - (Continued) Mr. Harriss then moved, seconded by Mr. Williams, that the salary for the Matron, as recom- mended by the Jailer, be transferred from the Emergency E~znd to Sheriff's Salaries. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, Mr. Harriss moved, seconded by Mr. Hall, that the meeting adjourn. Respect£ully submitted, Patricia Bowman Acting Clerk to the Board MINUTES OF THE MEETING DECEP'iBER 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 John Van B. Metts, Jr., Vice-Chairman Meares Harriss, Jr., Commissioners J. M. Hall, Jr., H. A. Marks, Berry A. Williams; County Attorney James C. Fox; County Administrator Laurence 0. Bovad.en, and Hazel Savage, Clerk to the Board. 421 INVOCATION - Chairman Metts called the meeting to order and asked Rev. A. F. Hooper, Pastor, Price Cathedral A.M.E. Church, to give the invocation. APFROVAL OF MINUTES - Mr. Williams requested the following be inserted at the top o£ Page 4 prior to "Subdivision (Planning Department): "Examination of Official Bonds of County Officials" -"By common consent Mr. Fox, County Attorney, was requested to inspect the bonds for the employees and to advise the Board at their next meeting if they were considered adequate." Mr. Metts requested the following change be made on Page 8 under the heading "Discussion of Committees". Third paragraph should read: "Mr. Marks stated he wished to be relieved of his duties on the Joint City-County Planning and Zoning Board, because he was unable to attend the meetings." On P~ge 2 under the heading "t~eports", after the third paragraph, Mr. Williams requested the following be inserted: "Mr. Williams recommended that the $64,1'76.11 item listed as delinquent personal property taxes in the Tax Collector's Settlement Report be disallowed and referred back to the Tax Collector for further effort totaard collection." By co.mmon consent the above corrections were approved. On Pa~e 3 after the tenth paragraph, Mr. Williams suggested spreading on the minutes o£ the 1968 list of insolvents which Mr. Johnson had furnished. On Page 3 after the eleventh paragraph, Mr. Williams suggested spreading the 196'7 list of insolvents on the minutes. There was quite a lengthy discussion regarding the action taken by the Board at its last meeting on the report "Settlement of 1968 Tax Collection'.' presented at that time by Mr. Sam Johnson, Tax Collector. The Board accepted the report at that time and authorized chargin g off the 196'7 list of insolvents in the amount of ~59,552•88- The question arose as to whether or not by charging off the list of insolvents it relieved Nir. Sam Johnson of the responsibility of endeavoring to collect the back taxes. Mr. Fox said if it is charged off, the Tax Collector is no longer obligated nor is his bond. This releases him and his bond. Mr. Harriss said he wouid like to have the action taken on December 1 reconsiderede Mr. Metts asked if the list was accepted, what could be done at this time. Mr. Fox said the Commissioners could review the list, select persons who they know are insolvent and spread their names on the minutes of the meeting. He advised the Board they did not have to accept the entire list. Mr. Williams reminded the Board that when the settlement of the Tax Collector is accepted it is accepted as an insolvent list and there is no legal authority for charging it off unless it is declared an insolvent list. Mr. 1,lilliams also s~3d the mir.utes should include a sworn statement of the Tax Collector that he~ha's~complied ~,*ithtthe~provisions of'tlie law in his effort to collect taxes due. Mr. Williams-pointed out the law requires that since the minutes of the December 1st meeting indicai:ed that the }3oard of Commissioners did accept settlement, the list must be part of the minutes. At this point Mr. Metts asked for the Attorney's ruling. Mr. Fox advised the Board they could accept T4r. Johnson's report for.study and the names accepted as being insolvent will have to spread upon the minutes. Mr. Hall moved, seconded by Nre Marks, that the minutes be approved as corrected. Motion carried three to two, Mr. Williams voting "no". Mr. Fox then read irom the Institute of Government Law and Government book "Property Tax Collection in North Carolina", regarding duties of the Tax Collector. He said even though the taxes are charged o£f, the Tax Collector is recharged oaith duty to collect.