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1970-02-16 Regular Meeting440 MINUTES OF THE MEETING, FEBRUARY 2, 1970 (CONTuvunD) MAttuv~; INFORMATION CFNTER, WRIGHTSVILLE BEACH (CONT.uvu~D) - Financial support by the State and County has resulted in a facility which wi11 help coordinate research, education, and industry in the marine and related sciences and flzrnishes a springboard £or development of future facilities. Mr. Harriss moved, seconded by Mr. Williams, the Board make reallocation in the E~:tension Budget to take care of the County's share. Motion carried unanimously. FERSONAI, TA7~S ON v~n1CLES - Mr. 13arriss in£ormed the Board he was in receipt of a letter from Mr. Robert F. Lovett, Chairman, Chatham County Commissioners, Savannah, Ga. advising that in his county under Georgia law, all personal property taxes on vehicles must be paid before a license plate may be obtained for the vehicle. Mr. Lovett said as license plates are obtained during first three months o£ the calendar year, and mileage rates in most counties for ad valorem taxes are not set until later, the law stipulates that the payment be made on the basis oY the levy~for the previous year. Since State legislation will be required, by common consent it was su~gested this matter be referred to Mr. Morrisey to poll other counties for their views. EMPIAYEE PARKING AIRPORT - Mr. Harriss discussed problem of thievery in the parking lot which Piedmont Council No. 121 has complained about. By common consent it was agreed that decals be furnished those authorized to park in the employee parking lot at the Airport. ADJQURNMENT - By common consent it was agreed since there was no further business to come before the Board the meeting be adjourned. Respectfully submitted, Hazel Savage Clerk to the Board /s MINUTES OF TFIE MEETING, FEBRUARY 16, 197a ASSEMBLY - The regular semi-monthly of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chairman 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 Auditor Perry Shepard; County Ad.ministrator I,aurence 0. Bowden; and Hazel Savage, Clerk to the~Board. INVOCATION - Chairman Metts called the meeting to order and asked for a one minute silent prayer as a memorial to Judge Smith. RESOI,UTION, JUDGE H. WINFIELD SMITFi - Mr. Williams moved, seconded by Mr. Marks, that an appropriate resolution be drawn and adopted expressing sympathy and regret in the death of Judge Smith. Motion carried unanimously. Following is the resolution: "STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER . RESOLUTION "WHEREAS, the Honorable Winfield Smith has long served this State and our County in various legal and judicial positions, and "GIHEREAS, he has made many contributions to his County, State and Nation, and "WF~REAS, the New Hanover County Commissioners feel keenly the loss of this distinguished citizen and jurist. "THEREFORE, BE IT RESOI,VED, we the County Commissioners of New Hanover County, speaking on behalf of the citizens of this County, e~ress our pro- £onnd sympathy and sense of loss to the famil~* of Judge Smith, and call upon all the citizens of this County to join in this tribute to his many contributions. "Dated at Wilmington, N. C. this 16th day of February 1970. (s) J. Van B. Metts, Jr., Chairman (s) Meares Harriss, Jr., Vice-Chairman (s) Berry A. Williams, Commissioner (s) H. A. Marks, Commissioner (s) J. M. Hall, Jr., Commissioner" APPROVAZ OF MINUTES - Mr. Williams requested following changes to minutes of February 2, 19'70: On Page 8 under heading "Discussion o£ Discontinuing Operation of County Prison Farm, Holding Property for Industrial Development and Sending Prisoners to State Prison", third sentence of first paragraph should read: "Its continued use is an unnecessary drain on the taxpayers of New Hanover County." On Page 8 under same heading, last paragraph, the quote should read: "... the land on which the farm is located, that is not needed for county related uses, be made available for such other worthwhile purposes as may be determined by the Commissioners." ~ Mr. Harriss moved, seconded by Mr. Williams, that the minutes be approved as corrected. Motion carried unanimously. 7~ ~ 441~ Piuvu•l~~S OF THE MEETING, FEBRUARY 16, 1970 (CONTINOED) '~ °•' REPORTS 1. Cit~-Countv Do~ Pound: Mr. Bowden advised the Board the City-County Dog Pound is nota under jurisdiction o£ the Health Department and a telephone has been installed. Two Canine Officers; each having a truck, will be out policing the County and City. They will be working under Rabies Control Officer, Dr. Needham. Nuisance calls will be handled by the Police and 'Sfieriff Departments as in the past. Bite calls will be investigated by the respective law enforcement agency. ' One person will be at the dog pound from 8:00 A.M. to 10:00 A.M. in the mornings and one in the afternoons from 3:00 P.M. to 4:00 P.M. This will enable people to piok np dogs who wish to do so. 2. Sewa~e Stud~: Mr. Bowden said he had talked with Mr. Tim Wood concerning the Sewage Study and Mr. Wood said he had received quite a bit of interest from local en~ineers and one proposal, and hoped to make a report at the next meeting. ~ 3. Sanitar:Y Landfills: Mr. Bowden advised the Board of a one-day program dealing with solid waste disposal to be held Wednesday, March 11, 19'70 at the FIilton Inn, 1']07 Hillsborough Street in Raleigh and urged anyone who could to attend. He and Mr. Wood plan to attend. Mr. Metts called attention to the fact the County has an agreement with the City to use their trash disposal and county residents are permitted to make use of it. Also, he pointed out there is a Health Ordinance to prevent people from letting trash accumulate on their lots. 4. Progress o£ Water Authorit4: Mr. Bowden reported on a meeting he and Mr. Marks, along with City Representatives, attended on Tuesday, February 10, at the Local Government Commission in Raleigh. Mr. Bowden said after a£ull discussion, Mr. George Boyles, Bond Attorney, was directed to proceed on the guide lines and resolutions necessary to create the authority. Mr. Marks moved, seconded by Mr. Hall, that the Board of Commissioners accept the ~ responsibility of its pro rata share of expense of attorneys in setting up the Water Authority, £unds to come from the General Emergency F1znd. Motion carried unanimously. 5. Progress on Maintenance o£ Countv Owned ProAertv at Castle Hasne: Mr. Bowden informed the Board that marl had been hauled to £ill in holes and the site had been shrubbed at the County owned property adjacent to the River at Castle Hayne. Improvements should be complete by Spring. 6. Pro~ress on Jail Conversion: Mr. Sowden advised the Commissioners a meeting was held Friday of last week on the Jail Conversion and another meeting is scheduled for this week with the State and City Building Inspectors reference the fire escapes on the jail. He anticipates recommendations will be made £or the next meeting. '7. Resolution Alterin~,Composition or Mode of Election of the Board: Mr. Bowden said he had discussed resolution with Mr. Fox, concerning composition of the Board and method of election Por Commissioners, but since he had no indication the Board wished to change its present set-up nothing would be submitted for changes. DISCUSSION OF SPECIAL ACT REGARDING RESPONSIB2LITIES OF COUNTY AUDITOR - Mr. Marks discussed the responsibilities of the County Auditor. He said in talking with Mr. Shepard he observed a need for some £urther clari£ication of his duties. Mr. Marks read Section 19 from Chapter 493 of the Special Act, An Act to Create .and Establish An Auditor's Office for the County of New Hanover, part of which is quoted as follows: ". . and in general the said Board of Commissioners shall have power to require the auditor of said county to perform such other and flzrther service, not specifically set £orth in this act, as said board of commissioners may deem necessary for the public interest." He then read the following and moved the Commissioners adopt it as action to be taken: "The New Hanover County Commissioners in o£ficial session this 16th da~ of February 19']0, hereby direct the elected Auditor of New Hanover County to furnish promptly any and all data and information requested by any incumbent County Commissioner or County Administrator of New Hanover County regarding any subject or matter that they feel is needed for their proper consideration for the best interests of the citizens of New Hanover County and the proper functions of County Government as specified in Chapter 493, Section 19 of the act to create and establish an Auditor's Of£ice for the County of New Hanover." Mr. Hall seconded the motion. Discussion followed. Mr. Harriss was of the opinion there was no need for such action since he felt the statute was clear as to the duties o£ the Auditor. Mr. Harriss was of the opinion the action suggested by Mr. Marks was not complete and said as £ar as he was concerned the Auditor had been doing what Mr. Marks was requesting. Mr. Marks said he had recently requested some information at the request o£ the Chairman and was unable to obtain it. Mr. Hall said there is a difference between a Commissioner and Board of Commissioners, but he felt in event one Commissioner feels it is necessary to have certain information to make up his mind on.a subject, the Auditor should £urnish it. Mr. Marks further said the act does not specify County bd.ministrator, and he feels there will be times for him to obtain information. County Attorney Fox said the section read from the statute does authorize the Commis- sioners to request the Auditor to Purnish data and in£ormation as outlined. Vote was called on the motion. It carried unanimously. y, Mr. Harriss remarked action taken at previous meeting for seeking legislation authorizing the Board to appoint an Auditor was not partisan. Action was taken only with understanding Mr. Shepard was not going to seek re-election. There was no dissatisfaction with Mr. Shepard's office, nor was partisan politics promoting the change from elected to appointed Auditor. It was pointed out Mr. Fox had been reappointed as Count~ Attorney by this Board which ~ bears out that the Board is not partisan. ~ 442 MINUTES OF THE MEETING, FEBRUARY 16, 19`]0 (CONT.uvu~;D) DRAGI,INE - Mr. W. H. Cranford, Director o£ Sanitation, appeared before the Board to discuss feasibility o£ purchasing a second dragline for the County. Mr. Metts said money was put in budget last year for equipment, but due to prisoner situation are finding it impossible to get ditching done. Mr. Harriss asked if additional dragline would make it more economical and feasible than ' a backhoe. Mr. Cranford said a dragline requires more labor. In the past the Health Department has had trouble getting chain saw operators. Mr. Cranford said subdivisions want something done, but they have stayed out of subdivisions saying developer is responsible. Mr. Hall said he felt they should have outfall but no internal ditching. Mr. Metts was of opinion e~;isting dragline is not large enou~h. Mr. Cran£ord said they anticipated getting a heav~ duty one, if they do get one. It was pointed out the County gets matching £unds on operation of a dragline but not a backhoe. Mi~. Harriss asked Mr. Cranford i£ he had his choice which would he ask for. Mr. Cranford said he would go to the backhoe, because property owners will not let you take a dragline on their property. Mr. Metts asked why Mr. Cranford delayed six months getting a backhoe. Mr. Cranford said he knew money was in budget. Mr. Hall remarked the Board of Health was probably awaiting instructions from this Board. Mr. Williams brought up question concerning acquiring perpetual easements. He pointed out once the County cleans a ditch it has no assurance propert~ owners will permit the County to maintain it in the future. He felt some consideration should be given before going ahead with drainage with provision that perpetual easements be provided at no costs to the County prior to providing drainage. He said he felt the best time to get easements is before the County goes in the first time. Mr. Cranford pointed out that sooner or later the County will need to map a drainage system, and get an engineer to see which canals the County needs to maintain and which will be responsibility of the developers and the individual property owners. Mr. Marks moved, seconded by Mr. Harriss, that the Board authorize Mr. Cranford to proceed to get bids on a backhoe which has been budgeted and proceed with purchase and defer discussion on additional dragline until budget time. Motion carried unanimously. Mr. Williams moved, seconded by Mr. Harriss, that the Board o£ Commissioners establish policy that adequate perpetual easements for maintenance be provided at no cost to the county for all future drainage work. Motion carried unanimously. Mr. Fox will prepare proper easement. Meeting recessed £or brief period. Meeting reconvened. ROAD PETITION - WOOD HAVEN DRIVE. BLUE CLAY ROAD - Hoad petition was presented by Mr. Shirer on behalf of residents on the above road. Eie said the road is so bad mail cannot be delivered, flzel truck drivers have refused to deliver fuel to the residents, fire department cannot reach houses and neither can ambulance service. A 60 foot right-of-way has been dedicated but the State still refuses to maintain it. Mr. Harriss moved, seconded by Mr. Williams, that the standard resolution be adopted and the petition be £orwarded to the State Highway with request that since a 60 foot right- of-way has been dedicated that they take over maintenance of this road. Motion carried unanimously. C~uiv~r~ ATTORNEY - Mr. Metts requested discussion of County Attorney be deferred until the next meeting. APPOINTMENT MEMBER TO SOUTI~A,STERN ECONOMIC DEVEIAPMENT COP'II'9ISSION - Mr. Metts appointed Mr. Marks to serve as Commissioners' representative on the South- eastern Economic Development Commission, replacing Mr. Williams who resigned. SCHOOL BOARD RE9UEST - TRANSFER OF FUNDS - Request from the School Soard for budget transfer of line item Capital Outlay Ocean- ography Equipment in amount of $181.22 to Capital Outlay Staff Station Wagon was presented ' to the Board. Mr. Hall moved, seconded by Mr. Williams, that the request be granted. Motion carried unanimously. REQUESTS FOR TRANSFER OF FUNDS (MR. BOWDEN) 1`1r. Sowden requested transfer of $4,y01 £rom salar~ bud~eted for appraiser to General Salary b1~nd due to fact two ladies have been hired on temporary basis to catch up backlog of work created by sickness in the department and also for some additional work done in the office. Mr. Hall moved, seconded by Mr. Marks, that the request be granted. Motion carried unanimously. ~ Mr. Bowden said there had been a fire at the Prison Farm and requested the $644 in- surance which had been paid into IInanticipated Revenue be transferred to Repairs-County Farm. Mr. Harriss moved, seconded by Mr. Hall this request be approved. Motion carried unanimously. EASEMENTS AT AIRPORT - Mr. Harriss brought up need for services of professional appraiser at the airport for appraising trees to be cut at the airport, allowing engineer ground pattern for approach. By common consent Mr. Bowden was authorized to procure such temporary services.. A.B.C. PERMIT REQUESTS - A.B.C. Permit Requests for the £ollowin~ were presented to the Board: Brown's Grocery, 920 Queen Street; and B&M Cafe, 822 Orange Street. Mr. Hall moved, seconded by Mr. Harriss, that these be referred to the Sherif£'s Department for investigation. Motion carried unanimously. 7 443 MINUTES OF TFIE MEETING, FEBRUARY 16; 1970 (CONTINUED) TRANSFERS AND APPROPRIATIONS (MR. SHEPARD) - County Auditor Shepard requested $1,683 be transferred from the General Emergency Flznd to: Tax Collector-Public Audit $435.00, T~ Listing Postage & Mailing Abstracts $408.31, Jail Water & Sewerage 46600, and Ta~c Listing-Salaries $240.00. Mr. Shepard requested following inter-department transfers: From Cape Fear Tech. Parking Lot ~356.40 To Cape Fear Tech. Maintenance Other ~356.40 From Unanticipated Revenue Cape Fear Tech Motor Vehicles 97$•75 To Cape Fear Tech. Motor Vehicles Operation 978•75 From County Farm Capital Outlay 712•89 To County Farm Laundry 421.08 County Farm Janitorial Supplies 291.81 Mr. Hall moved, seconded by Mr. Harriss, that these appropriations and transfers be approved. Motion carried unanimously. IDP CONTRACT - f ~ 1'lr. Shepard advised the Board he could not certif~ IDP Contract for 19'JO due to funds not being appropriated. Mr. Hall moved, seconded by Mr. Marks, that amount of contract, $8,109.50, be appropriated, funds coming from the General Emergency Fund. Motion carried unanimously. MEETING APRIL 1-3r NASHVILLE, TENN. ON CONSOZIDATION - Mr. Hall called attention to a meeting to be held on April 1-3 in Nashville, Tenn. on subject of consolidation and moved, seconded by Mr. Marks, that any_Commissioner, County Attorney and Administrator be authorized to attend and that the City Council's attention be called to this meeting. Motion carried unanimously. APPOINTMENT MEMBERS TO MENTAL HEAIIi'H ADVISORY BOARD - Mr. Marks advised the Board that he had been requested b~ the nominating comm.ittee of the Mental Health Advisory Board to ask for reappointment of two of its members whose terms have expired and who are eligible for reappointment. Mr. Marks said the committee requested t3~e length o£ the terms be left open, since a study is being made and that terms be determined later. Mr. Hall moved, seconded by Mr. Harriss, that Rev. Jerome Jones and Mr. Homer Davis be reappointed to the Mental Health Advisory Board. Motion carried unanimously. LETTER FROM MR.S. L. M. MERRILL RE MOBILE HOME PARKS - Discussion was held on letter received from I~frs. L. M. Merrill concerning mobile home parks. Mr. Harriss moved, seconded by Mr. Ha11, that the minutes re£lect that Mrs. Merrill's letter dated February 10, 1970 protesting mobile home parks had been read by the Commis- sioners and noted by the Board. Motion carried unanimously. H.R. 14465 and S. 3108 Bills - Mr. Harriss advised the Board that the Airport/Airways Financing Legislation was scheduled £or Senate floor• debate starting today and moved that a wire be sent Senator Ervin and Senator Jordan advising that the New Hanover County Commissioners go on record as being in support of continued t~ exemption travel for State and Local officials and urges them to give their support to this and to support amendment of Senator Ted Stevens to endeavor to defeat the proposed amendment~. of Senator Gurney of Florida. Mr. Hall seconded the motion. Motion carried unanimously. HIIIPON RASLROAD BRIDGE - Mr. Hall informed the Board status o£ appropriation and plans for the Hilton Railroad Bridge. Alteration plans have been approved. $1,000,000 was appropriated in 19'70, but has been placed in reserve for future obligation. This was in response to the Administration's 75% reduction in public works construction this year. Mr. Hall moved, seconded by Mr. Harriss, that the proper authority be written advising them the urgency of this alteration and requesting release of the funds that have been appropriated, with copy of letter being sent to our senators and congressman. Motion carried unanimously. COLLECTION OF TAXES ON AUTOS Mr. Marks advised he had discussed with Mr. Frank Lewis of the N. C. Association of County Commissioners method o£ collecting taxes on autos which is used in Atlanta and Savannah, Ga. (license plates are sold by Tax Collectors, at which time it is mandator~ for personal taxes on vehicles to be paid) Mr. I,ew.is said he would get copy of ordinances of law and get mechanics set up for consideration by the North Carolina legislature next year. Mr. Marks said collections in Atlanta were 70'/o more last year under this set up. SUBDIVISION MAP~ SECTION 6. KINGS GRANT - Mr. Jack 5tocks, Surveyor, appeared before the Board requesting they approve a Sub- division Map of Section 6 0£ Kings Grant even though,it was not the same as the preliminary map submitted previously. Mr. Stocks said the map shows one thing and the ground shows another. Mr. Stock said it would be very expensive to put equipment on the ground to make the correction at this time. Mr. Tim Wood of the Planning Department said the intersection was a hazard and the map will not be approved by the Planning Board until the correction has been made. Mr. Stock said it ~as necessary to have the map recorded in order for the developer to proceed with building. Mr. Wood said if the map is recorded before the correction, you would have something on the record that does not exist. Mr. Fox was o£ the opinion that it should not be approved until corrections have been made to the road. Mr. Hall moved, seconded by Mr. Williams that the Chairman be authorized to sign the map, subject to Mr. Tinga's signing, aYter the Planning Commission has determined improve- ments have been made. Motion carried unanimously. AMERICAN I~EGI~N REQUEST FOR USE OF IAT AT AIRPORT FOR CIRCUS - Mr. Bowden presented request from Mr. Paul E. Maag, Post Commander, The American I,egion, for permission to use lot at the Airport next to the National Guard £or the purpose ~ of a circus April 8, 19'70. Mr. Hall moved, seconded by Mr. Williams, that permission be granted, provided adequate insurance is provided for the protection of New Hanover County. Motion carried unanimously. t ~ 444 ~ Muv u l~ES OF THE MEETING, FEBRUARY 16 ,19']0 ( CONTIN[TED ) ADDITIONAI, HELP FOR MAINTENANCE OF PARK~ ETC. - 1°ir. Bowden requested additional help for Mr. Jimmy Roberts, Maintenance and Park Superintendent. Mr. Bowden said a man was available at a salary of $2,992 annually, Classi- fication 2, Step 2, Mr. Marks moved, seconded by Mr. Williams, that Mr. Bowden be permitted to hire this man, funds coming from the General Emergency Fund. Motion carried unanimously. PICTURE6 QF F~RMER CHAIRMEN AND OTHERS - Discussion was held on whether to place pictures of former chairmen on the walls of the Commission Building. By common consent, decision was deferred until the next meeting. TUGS FOR ARTIFICIAI, REEFS - Mr. Harriss said there is a problem of liability the tugs. He requested authority to accept the tugs, non-profit organization to avoid this liability. Mr. that Mr. Harriss be authorized to accept the tugs £or non-pro£it reef association. Motion carried unanimou; to the county in getting delivery of and immediately trans£er them to a Hall moved, seconded by Mr. Harriss, the reefs and transfer them to the sly. NACO I~EGISI~ATIVE CONFERENCE - Mr. Metts called attention to a NACO Legislative Conference on March 22-25 at the Sheraton Park Hotel, Washington, D. C. By common consent it was agreed this will be dis- cussed at next meeting. ADJOURI~II`1ENT - There being no further business to come before the Board, Mr. Harriss moved, seconded by Mr. Marks, that the meeting adjourn. Motion carried unanimously. Respectf~lly submitted Hazel Savage Clerk to the Board /hs MINUTES OF TAE MEETING, MARCH 2, 19~0 ASSEMBZY - The regular semi-monthly meeting of the New Hanover County Board of Commissioners was held on the above date and time in the Commission Building with the following present: Chair- man 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 Auditor Perry Shepard; County Administrator Laurence 0. Bowden; and Patricia Bowman, Acting C1erk to the Board. INVOCATION - Chairman Metts called the meeting to order and asked Reverand A. L. McGee, Pastor, Calvary Baptist Church, to give the invocation. APPROVAL OF NLuv u L~~S - There being no changes to the minutes of February 16, 19'70, Mr. Hall moved, seconded by Mr. Williams, that the minutes be approved. Motion carried unanimously. REPORTS - l. Sewaae Studs: Mr. Timotl~p Wood came before the Board and e~lained what progress had been made in connection with the sewerage stud~. He states that he and Mr. Bowden had been appointed to the committee to study the problem. The Committee had contacted five companies (some out of town) and had recommended that Henry von Oesen and Associates be selected to per£orm the work, subject to approval of their proposal submitted, following conference with the County Administrator and approval by the Board. Mr. Wood pointed out this was a water and sewerage study,and that methods had been discussed but cost had not. Mr. Williams moned, seconded by Mr. Hall, that the recommendation of the committee be approved. Motion carried unanimously. 2:. Pro~ress Report on Courthouse Renovation. Mr. Bowden presented report on the progress being made at the Courthouse re£erence jail renovation and the other projects. Mr. Bowden explained the elevator would be out o£ service for approximately four weeks due to the work being done, and then work will begin on the former jailer's quarters. Con- struction cannot be started upstairs in the jailer's quarters until the elevator i"s restored to service. Mr. Bowden further stated the work in the courtroom maq be completed today; then he will make selections £or the furnishings for which funds have not been appropriated. 3. Mr. Sam Johnson, Tax Collector. Mr. Johnson, Wilmington-New Hanover Count~r Tax Collector, presented a report on ta3c collections in New Hanover County through February 23, 1970. He pointed out all abatements had not yet been made. Mr. Marks questioned the progress made on the use of the garnisheee. Mr. Johnson replied his office was making progress using the garnishee and would con- tinue making progress. CIASING OF RUNWAY 9-27 - Mr. Harriss stated that FAA wanted some date as to when Runway 9-27 would be closed. The FAA recommended that the runwa9 be closed after the completion of the paving and lighting work now in progress. ~ ~ Mr. Harriss gave the following reasons for his recommendation that the runway be closed: