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1969-12-15 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.