HomeMy WebLinkAbout1969-12-15 Regular MeetingMINUTES 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.
,
42~MINUTES OF THE MEETIIdG DECEMBER 15, 1968(CONTINUED)
APPROVAL OF MINUT~S (CONTIRTUED) -
Mr. Harriss moved, seconded by ~r. Hall, that the Commission go on record that it doesn't
intend to interpret minutes of December 1 to mean that the Tax Collector is relieved of any duty
to collect or any responsibilitJ for collection of taxes. Secondly, it was not the intent of the
Board by authorizing the County Auditor to charge off 1957 taxes to declare these tax payers to
be insolvent. No action of the Board was intended to approve any list o£ insolvent tax payers
at that time.
Mr. Marks said as he understood it from Mr. Fox's reading charging off is permitted any-
time during a five year period and questioned if it vrould be wise to rescind action at that
last meeting.
Mr. 6dilliams offered a substitute motion, seconded by'Mr. Hall, that the Board rescind its
action of December 1, 1969 in which it authorized charging off $$64,1~6.11 for 1968 insolvent
list and $50,552.88 for 5ear 1g6'7 and that both lists be referred back to the Tax Collector for
his further effort for collection and the furnishing of the proper oath as reouired by law at
the time of resubmission. Motion carried.
Mr. Fox said this would acconplish objective and suggested the Tax Collector and the Auditor
be advised that action taken the last meetin~ has been rescinded.
Mr. fIa11 moved, seconded by Mr. Marks, that action reflected in minutes of December 1 did
take place and that the Clerk to the Board include a clariiying statement.
Mr. Harriss was requested to make a clarifying statement as to the action of the Board vrhich
is as £ollows:
"The actions of the Board of Commissioners as reported in the minutes of the meeting
of December 1, 196g, reference the receiving of the report of Mr. Sam Johnson and authorizing
bookkeeping action for Mr. Shepard on uncollected taxes were not intended to relieve the ,
Tax Collector or any other official of any duties in collecting the delinquent taxes as
prescribed by law. In particular, the Tax Collector laas not dischar~ed of the responsibility
for the delinquent list by the action of the Board in receiving his report."
Mr. Williams moved, seconded by Mr. Hall, that the Board £ollow the provisions of the law covering
tax collection as outlined. Motion carried.
Mr. Marks suggested commission go over list of insolvents and send office names o£ whom they
feel are sfllvent and list be compiled and furnished to Mr. Johnson. .
REPORTS -
Jail. Mr. Bo~~~den said he, the Sheriff, Mr. ~dilliams, and rr. Hall of the Department of
Correction, and Mr. Fish, Jail Inspector, visited Commissioner Craig on December 4. He said
Mr. Craig was very sympathetic ~aith our problem ~-rhich is also statewide and was complimentary
that our County is inclined to take action for improvement. The Raleigh people will make another
field trip this oaeek, however the Fire Marshall's Office has said an outside metal fire escape
possibl~ an outside kitchen is required. Mr. Bowden recommended this be done as soon as
practical. Mr. Bowden said he hoped definite decisions can be reached on the proposed expansion
in a very short time.
Data Processing. Mr. Bowden said he and Mr. Shepard had met with Mr. Gabrielle of Data
Processing in Raleigh on December 8. He said Data Processin~ and he went over some very de£inite
objectives with time schedules. Both agreed in order for them to meet dead lines, our Tax
Department £urnish, in sufficient time, the information to work on. Mr. Bowden said all abstracts
are prepared and will be brought down today for mailing. P1r. Bowden commended Data Processing
on the fine job they did on abstracts.
Bonds. Examination of Of£icial Bonds of County Officials. This report taas deferred until
next meeting at which time Mr. Fox said he would be prepared to present it.
PUBLIC HEARING - ADOPTION OF ZONING MAP -.Zen~~y R~,ec~ ~ z
Mr. Metts opened public hearing which had been sched.nledr-to~,consider the adoption of a
zoning map recommended to the Board by the Wilmington-IJew Hanover Plannin~ Commission. The
hearing was held in accordance with the G.S. 153-266.16 of the State of North Carolina and
Article XI of the New Hanover County Zoning Ordinance.
Mr. Metts called on the Planning Department to discuss the proposed zoning, after which
Mr. Metts asked for comments from those present who wished to do so.
Mr. Mallory said it was extension of area already zoned. It included most of Greenville
Sound area and the Greenville Loop F2oad.
Mr. James Peterson asked whether or not this zoning would effect his farming as did
Mr. Robert Williams. They were advised it would in no way affect them. Mr. Robert Tate inquired
about his operation there (mainly horses) and was told the same thin~.
Mr. Garland Palmer requested the line come up to the back of lots facing Bradley Drive.
It was also requested that R-20 be brou~ht around to the creek to protect against pollution.
T~1r. 4Jilliam Fetner, International Trimaran Company, with a question as to whether nr::not
he would be permitted to expand his business on his 3 acres.
Messrs. Glasgoo~ and John Hicks requested that when zoning map is approved their request
to erect marina be approved at the same time to avoid further delay. It was pointed. out they
had not submitted plans to the Planning Department to this date and the Board would not know
what they would be approving. Mr. Glasgow Hicks voiced disapproval when informed it would
cost $25 to submit the plans to the Planning Department. .
Mr. Metts read communications which had been received from various persons endorsing the
zoning and Mrs. James Hollo~,~ay was present to express her desire for zoning in this area.
The public hearing was closed at this time.
, ~
423
MINUTES OF THE MEETING DECEMBER 15, 1969, COIQTINUED -
PUBLIC HEARING - ADOPTION OF ZONING MAP -(CONTINUED) -
After the Board haa aiscussea tihe req_uests and comments of the persons attending the hearing,
Mr. Harriss moved, seconded by Mr. Hall, that the zoning proposal as submitted be adopted, effective
December 15 with the following three changes which are designated on the official zoning map:
1. Subject to Nr. Fetner furnishing a description of his property by metes and bounds, this
to be zoned I-1 Light Industrial.
2. That the area south of Greenville Loop Road bounded by the Channel of Hewlett's Creek
on the south, by a private road on the east and north, be changed from R-15 to R-20.
3. That the south line of the area as shown as B-2 on the Zoning Map at the Bradley Creek
Plarina be moved south to the back line of lots fronting Bradley Drive as indicated by
map of Bradley Subdivision.
Motion carried, all five commissioners voting af£irmatively.
APPROVAL OF SUBDIVISION NiAP - FARMINGTON, SECTION 2-
Mr. Mallory of the Ylanning Department presented subdivision map of Farmington, Section 2,
to the Board for its approval and signature. The Planning Commission recommended its approval.
Mr. Williams moved, seconded by Mr. Harriss that the map be approved and the Chairman be authorized
to sign same. Motion carried unanimously.
MENTAL HEALTH CENTER COI~ENSATORY TIME -
Rev. Jerome Jones, Chairman of the Mental Health Advisory Board, requested compensatory time
on Wednesday afternoons for 3 employees at the Nental Health Center who will be working on Tuesday
evening at the clinic.
Mr. Harriss moved, seconded by Mr. Williams, that this request be approved. Notion carried.
It was pointed out keeping the clinic open one evening a week is really on a trial basis.
Rev. Jones also requested instructions from the Board as to what matter should be brought to
them by the Piental Health Advisory Board and what should be "administrative" to be handled by the
Center staff.
Mr. Marks suggested Mr. ldilson be referred to the County Administrator instead of having to
wait for the Commissioners to meet.
Rev. Jones advised the Board that negotiations had been re-opened with Dr. Angelina Knox for
the position of Psychiatrist. This came as a result of the Commissioners change in policy with
regard to private employment of County employees. Rev. Jones requested the Board to authorize salary
range at the top provided for the particular psychiatrists qualification under State Merit Schedules,
also to set out specifically the County's position t~aith regard to private employment.
It was pointed out by Mr. Williams that top salaries under the T~lerit System are not paid other
persons under this system.and this might present a problem.
Mr. Hall pointed out that the clinic had been without a psychiatrist for a long period of time
and that he felt the pay should be based on supply and demand.
Nr. Marks said salary under the Merit System would be based on experience.
Mr. Harriss asked Rev. Jones whether or not he had been in contact with the local physicians
and New Hanover Memorial Hospital cancerning the applicant and Rev. Jones said he had.
Mr. Harriss moved, seconded by Mr. I~farks, that the Board authorize negotiations with Dr. Knox
on basis of top salary grade .and that background of person be investigated orith local p}~ysicians
and Idew Hanover Memorial Hospital. Motion carried.
Regarding private employment for Dr. Knox, Rev. Jones was advised it was permissible as long
as it complied with tne Resolution just adopted.
By common consent it was agreed reasonable request outside of this will be given consideration.
By common consent report on motivation and efficiency of the employees at the Center was
accepted.
COUNTY AND MUNICIPAL BOND AATING SEMINAR - DECEMBER 19 -
Mre Metts called attention to a County and Municipal Bond Rating Seminar to be held at the
Institute of Government on December 19, 1969.
Mr. Hall moved, seconded by Mr. Williams, that the Auditor, Attorney, Commissioners, or any
other official who had the time and wished to be present be authorized to attend. Motion carried.
Mr. Metts called attention to a Local Government Training Course for Electrical Inspectors
scheduled for February 9-13, 1970 at the Hotel Sir Walter, Raleigh, N. C.
By common consent the County Administrator will handle attendance from New Hanover County.
VOCATIOTd REHABILITATION AGREEAIENT -
Further discussion was held on proposed agreement between the N. C. Division of Vocational
REhabilitation of the N. C. State Board of Education and the New Hanover County Department of Social
Services and the Board of ATew Hanover County Commissioners.
Two questi.ons were raised:
l. Is this a duplication or overlapping of service? Mr. Marks said no.
2. If equipment is to be provided by State Agency and retained by them, why is'furniture
included in County budget? It was pointed out that the State budy under state contract
which accounts for it being furnished by them, but the County still pays a percentage.
Mr. Harriss moved, seconded by Mr. Williams, that the agreement be approved pending clarification
of the section on thc equipment purchase and ownership. Chairman is authorized to sign upon
clarification.
~
I
424
~INUTES OF THE MEETING DECEMBER 15, 1969, CONTINUED -
kPPROPRIATION ($200) - CHRISTMAS FOR CHILDREN IN INSTITUTIOPIS OUTSIDE OF COUNTY -
Mr. Harriss moved, seconded by Mr. Hall, that the $200 requested by Miss Hall for residents
of this Cou.nty who are in institutions be approved. Motion carried.
AWARDING OF BID FOR AIRPORT BUIZDING -
Mr. Harriss reviewed bids on the covered Passenger and Bag~age areas, A.F.A. Office
Building and Cargo Building. Miller Building Corporation was the low bidder in amount of
$42,27`7 for all the buildings.
Mr. Harriss moved, seconded by Mr. Williams, that the bid of Miller Building Corporation
be accepted. Plotion carried.
LEASES AIRPORT SPACE -
Mr. Harriss advised there had been a meeting at which Nessrs. Blackburn, Pierce, Parrish
(Piedmont), Hall, Westbrook, and Harriss were present to negotiate leases of space.
The following leases negotiated:
1. The lease of space in the frsight building of 1600 square feet at $2.00 per sq, foot,
per year for a term of 10 years, F.A.A. to furnish electricity and County to furnish
heat and Janitorial service.
2. Lease o£ Canopy space of 1450 square feet at ~a1.00 per square foot. Lease to expire
September 30, 1975•
3. Lease of '720 square feet of F.A.A. Building at $2.50 per square foot, free space
240 square feet. Total amount annual rent of the F.A.A. Building to amount to
~2,65o.oB.
Mr. Harriss moved, seconded by Mr. Hall, that money £or payment of the Miller Buildin~
Corporation contract come from the A.F.A. Building and bond issue. Money for terminal
imp~ovements to come from bond issue. By common consent it iaas agreed that Mr.Fox determine
oahether the Cargo Building can come from the bond money. Motion carried.
OPPORTUNITIES, INC. -
Mr. Hewett, Acting Executive Director, Opportunities, Inc., appeared before the Board
requesting the Board to sign forms endorsing their program.
Nr. Metts vaas of the opinion the Board should not sign the forms until they have a
definite program oahich they do not have at this time. Mr. Hewett says they lae been refunded
but he has not received it in h~ritin~.
Mr. Harriss asked Mr. Hewett if there is a co-ordination of poverty programs. Mr. Hewett
said there is and pointed out the different agencies serving on the Board.
It o~as the feeling of the Board that signing of the forms should be deferred. Mr. Harriss
moved, seconded by Mr. Hall, that signing be deferred until the Board has a list of their
programs.
Mr. Williams suggested the Administrator or Chairman be authroized to direct a letter
to the Chairman of the Committee on Opportunities, Inc., indicating specifically information
the Board requires before signing.
Vote was called on motion and it carried. Chairman discussed the information required
with Mr. Hewett.
Mr. Hewett requested the lease of the Nurses C~uarters at Community Hospital for a ter~
of 3 years instead o£ 1.
Mr. Harriss moved, seconded by Mr. 47i11iams, thatthe lease be amended to read for a
term of 3;~ears instead of 1 year. PZotion was withdra~y=n.
Mr. Harriss then moved that the ter.m of the lease be amended to read 3 years instead
of 1 and when notification that Opportunities, Inc., has been funded, that Chairman and Clerk
to the Board be authorized to sign the lease. Motion carried.
Pleeting recessed at 12:10 P.Me
Meeting reconvened at 1:~0 P.M. vrith same persons present as before with exception of
the County Attorney.
RE-ADJUSTP'-iENT OF JAILER'S AND MATRON'S S1~LARIES AND MILEAGE ALLOWki~TCE -
Mr. Bowden discussed v~ith the Board the question of auto mileage for the Jailer and
Matron since they are moving out of the Court house and will have quite a bit of traveling
to do.
Mr. Bo~aden recommended a ilat travel allowance of $50 per month for each of them.
P1r. Williams,moved, seconded by Nr.. Hall, that the recommendation of the Administr.ator
be approved.
Mr. Metts was of the opi~ion that mileage should be based on the number of miles, the
same as other County employees.
Mr. Harriss offered a substitute motion, seconded by Mr. Narks, that the Board agree
to reimburse the Platron and Jailer on actual miles of travel in pursuit of their dutis on
special trips. Motion carried.
Mr. Williams pointed out that previously orhen discussing movin g the Jailer, one of the
Board had mentioned adjusting their salaries to off-set their expenses.
rIr. Williams moved, seconded by Mr. Hall, that each of the salaries be adjusted to ward
them $25 per month or the closest steps thereto which would result in a total of $50 per month
or as close to f~50 per month as the steps i~*ould permit. Motion carried.
,
4-;~ 5
MINUTES OF THE IYiEETING DECEMBER 15, 1969 (CONTINUED)
OFFICE FURNITURE FOR NEW COMMISSIONERS ' OFFICE -
Mr. [dilliams reminded the Board that the Commissioners' Office will soon move and it will be
necessary for new furniture to be purchased.
Mr. Marks moved, seconded by Mr. Hall, that the purchase oi the neia office furniture be left
to the Chairman and Administrator
Mr. Williams sug~ested table be long enough for Auditor and County Attorney.
APPROPRIATIOIQS -
P1r. ]3owden presented the following requests for appropriations:
l. Appropriate Sb395,000 bond proceeds Airport to F.A.A. Project #9-31-020-04, Article 11.443
from unanticipated revenue from sale of bonds.
Mr. GIilliams moved, seconded by Mr. Harriss, that the request be approved. Motion carried.
2. Appropriate to C:F.T.I. Notor Vehicle operations from unanticipated revenue from
1~forth Carolina State ~v116.00 (no County funds involved.)
3. Appropriate to County Aid Community Hospital from General Contingency Fund $200 to pay
Mr. Butler's 20% commission for sale of articles (junli) and other payables to Carolina Business
Service. 50% collection.
Mr.__rIarks moved, seconded by Mr. Hall, that the request be approved. Motion carried.
NATIONAL RIVERS AND HARBORS CONGRESS -
Mr. Hall called attention to the 5'7th Annual Convention to be held Narch 1']-20, 1970, at the
Mayflower Hotel, Washington, D. C.
AUDIT REPORT -
Mr. Boivden brought Mr. W. Barfield`s Bill £or the County Audit in the amount of $7,973.50
to the attention of the Board. No action ~•aas taken.
Mr. Metts said he had asked the County Auditor today if he could determine ar~y reason ~ahy
the Board should not accept the Audit presented by ~r. Barfield. Mr. Shepard said it was in
order as far as he was concerned and saw no reason not to accept it.
Mr. Hall moved, seconded by Nr. Williams, that the Audit be accepted. Motion carried.
MEETING OF COMl1ITTEE ON LOCAL GOVERi~II`'IENT -
Mr . Metts informed the Board that he and Messrs. Williams, Marks, and Hall attended a meeting
of this committee in Burgaw and suggested each one present return the sheet in the book indicating
group of counties with Urhich you would like to be associated.
ARMY LEAVE FOR COUNTY ADMINISTRATOR -
By common consent it was a~reed Mr. Bowden take his milita~y leave of two weeks beginning
June 28.
ADJOURI\TMENT -
There being no further business to come before the Board, PTr. Harriss moved, seconded by
Mr. Williams, that the meeting adjourn. Motion carried.
Respectfully submitted,
(Mrs.) Haze1 5avage
Clerk to the Board
MINUTES OF TFi'~ MEETING JANUARY 5, 19']0
ASSEMBI,Y -
The regular semi-monthl~ meeting of the New Hanover County Board of Commissioners iaas held
on the above date and ti~ae in the Commissioners' Room with the following present: C~iairman
John Van B. Metts, Jr., Commissioners J. M. Hall, Jr., H. A. Marks, Berry A. Williams; County
Administrat'or I,aurence 0. Bovrden, County Attorney James C. Fox, Mrs. Elizabeth Edens, of the
Auditor's Office; and Hazel Savage, Clerk to the Board.
Vice-Chairman Meares Harriss, Jr., and County Auditor Perry Shepard were absent from the
meeting.
INVOCATION -
Chairinan Metts called the meeting to order and asked Rev. A. L. McGee, Pastor, Calvary
Baptist Church to give the invocation.
APPROVAL OF MINUTES -
Mr. Williams requested the following changes be made in the minutes of December 15, 1969:
On Page 5 under "3" at top of page, last sentence should read: "Motion carried, all five
Commissioners voting affirmatively."
On Page 5 under heading "Approval of Subdivision Map - Farmington, Section 2", second sentence
should read: "Motion carried unanimously."
Mr. Narks moved, seconded by Mr. Hall, that the minutes be approved as corrected. Motion
carried unanimously.
COMP'iISSI0NER5 SERVING ON VARIOUS COMMITTEES -
Mr. rTetts stated that the Commissioners had been appointed to serve on various conmittees and
that he thought everyone should be aware of the different committees each are serving on, including
the news media.