1970-12-21 Regular Meeting~ 556
MINUTES OF THE MEETING DECEMBER ~, 1p~0 - CONTINUED -
CHAIRPIAN' S SIGNATURE -
Request of Auditor to permit signature of former Chairman to be affi.xed to checks until
stamp can be made for Chairman Harriss was considered. Nr. Williams moved, seconded by Nr.
Marks, that the request be approved. Motion carried unanimously.
X-RAY MACHINE FOR HEALTH DEPARTMENT -
r7r. BoVrden presented request of the Health Department to transfer in the neighborhood
of ~20,000 to ~25,000 from Surplus and Unanticipated Revenue toward the purchase of a new
X-Ray Machine.
Since Dr. ISnox feels it vaill be impossible to get parts to repair old machine he re-
quested perulission to treat the purchase of this eouipment as an emergency so it may be
delivered. at an early d.ate.
Nr. Bowden sug~ested only approval be given toward purchasing the machine rather than
specifying an amount.
Mr. Williams moved, seconded by Mr. Marks, that approval be given for the purchase of
the X-Ray machine.
Ms. Bowden advised he would request special meeting to approve amount when bids are re-
ceived.
ADJOURNMENT -
There being no further businesw to come before the Board, Mr. Marks moved, seconded by
Mr. Hall, that the meeting adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage
Clerk to the Board
MINUTES OF THE MEETING --EC~ER 21, 1970 - 9:00 A. M.-
ASSEMBI,Y -
The regular semi-monthly meeting of' the New Hanover County Board of Commissioners was
held on the above d.ate and time in the Commission Building with the following present: Vice-
Chairman Berry A. Williams, Commissioners J. M. Hall, Jr., H. A. Marks, John R. Oxenfeld;
County Attorney James C. Fox; County Auditor Perry Shepard; County Administrator Laurence 0.
Ilowden; and Hazel Savage, Clerk to the Board.
INVOCATION -
In the absence of the Chairman Vice-Chairman Williams called the meeting to order and
asked Rev. A. D. Byrd, Jr., Pastor, Grace Methodist Church, to ~ive the invocation.
Chairman Meares Harriss, Jr., joined the meeting at this time.
APPROVAL OF MINUTES -
P`ir. Marks requested £ollowing changes to the minutes of December ~, 19~0:
On Page 4 first sentence of Paragraph 4 should read: "Mr. Marks advised he had contacted
Commissioner Craig at budget time...".
Fourth sentence of seventh paragraph on Page 4 should read: "Mr. riarks felt any present
plans may have ...".
Add word "cells" after word "additional" in first sentence oi ei~hth paragraph on Page 4.
Mr. Harriss requested following change:
On Page 3, sixth sentence of last paragraph should read: "At that time County had a
County Farm, a detention home and also a police lock up."
Following these corrections Mr. Hall moved, seconded by PZr. Oxenfeld, that the minutes
be approved as corrected. Motion carried unanimously.
Later in the meeting Mr. Marks requested the follooring changes:
On Pa~e 1C, last paragraph, next to last line "(5)" should read "delete after word....".
On Page 11, second~sentence of third paragraph shoulcl read: "Final authority now i.s the
Commissioner of Social Services in Raleigh which is to conform with.Federal requirements, the
State having been operating previously on ....".
Mr. Marks moved, secontled by Mr. Hall, that these additional corrections be accepted.
Motion carried unanimously. ~
PROGRESS REPORT ON PERSONNEL STUDY -
Mr. Bowden advised Yersonnel Stud3= is undervray; Nr. Melvin from State Personnel Office
was down Friday to meet with department heads, including Merit Department heads, to apprise
them of information he will require irom employees in their offices, P1r. Bowden said it
would be 25 or 30 days before the job descriptions will be returned after which Mr. Melvin
will return and. interviei~i.
CLARIFICATION OF AUDITOR'S STATEMENT IN NEWSPAPER -
Mr. Williams requested clarification of statement mad.e by the County Auditor published
in the neVrspaper that the tax decrease during the last bud~et was not achieved by any budget
cuts but because of Unanticipated Revenue from the Federal Aviation Administration. Mr. Wil-
liams asked if the County had received some unexpected revenue that the Board does not know
about. Mr. Shepard advised it had not, the word should have been "Anticipated".
MIPNTES OF T't3E MEETING - DECEMBER 21. 1970 - CONTINUED -
CI,ARIFICATION OF AUDITOR'S BTATEMENT IN NEldSPAPER - CONTINUED -
Mr. Harriss expressed the feeling he thought any announcements on the CountS's financial
picture should have at least the concurrence of the County Administrator, because it is a
very misleading statement to the people that the only reason the Board was able to reduce
taxes was not through some good management or close budgeting but through some accidental
£alling of rain from heaven that sprinkled the County with sufficient funds to enable the
County to reduce the budget, and this is entirely an incorrect and misleading statement.
Mr. Harriss advised Mr. Shepard that he would appreciate it if he would discuss these things
with Mr. Bowden.
After further discussion, Mr. Shepard advised the Board he had been misquoted by the
paper; the word should have been "Anticipated."
PRESENTATION OF CEF2TIFICATE OF AWARD AND GAVEL TO FORMER CHAIRMAN JOHN VAN B. I~iETTS, JR. -
Chairman Meares Harriss, ~r., presenLea a certificate of award and gavel to outgoing
Chairman Pletts. Chairman Harriss expressed delight in honoring Mr. Metts but at the same
time sadness to lose the services o£ someone as dedicated as Mr. ~etts. rr. retts accepted
the award and expressed the feeling the last Board was the best Board he had ever served. with.
CHAIRMAN'S VIEWS ON STANDING COI~ITTEES -
P1r. Harriss advised that for many years the County had been operating on a 8tanding
Committee basis. In other words,-certain members of the Board were appointed to certain
duties for which they were primarily responsible. This worked well in the past. Mr. Har-
riss said the County Administrator had taken over many functions of the Standing Committees,
and Mr. Harriss said it was his purpose to re-enforce Mr. Bowden's authority by not ap-
pointing Standing Committees as in the past. Mr. Harriss pointed out there are representa-
tives on several Boards by law, notably the Board of Health, and this will not be changed.
The CountS~ Administrator is primarilj~ responsible £or carrying out the programs as set in
the policies of. the Cour~ty Commissioners. This is as it should be and he will call at
various times on the Commissioners for assistance in the various fields.
P1r. Harriss said he very strongly believed in the principle of delegation of authority
to an efficient and direct line of command. Mr. Harriss said he felt that Mr. Bowden having
won his spurs in this change over had demonstrated clearly his ability as an administrator
and will be able to operate even more effectivelS as the primary executive official of the
County.
PARKWOOD ESTATES, SECTION 1 PLAT -
P1r. Mallory advised subdivision is located on the north side of the Gordon Road between
Hi~hway 132 and. Highway 11']. Griginal plat vras submitted. with only 25 lots; now developer
has decided to increase the size of the subdivision and has submitted a letter o£ credit.
Letter of credit was submitted by P1r. Mallory to the County Attorney for approval. Letter
o£ credit was for ~1'7,'720. rr. Mallory advised he had discussed this plat with the County
Administrator who advised. him to consult with the firm of Henry von Oesen to determine whether
or not this amount is adequate to furnish necessary improvements. This £irm advised amount
required would be 9~14,828 £or completion of improvements, so amount is sufficient. The
Planning Commission recommended approval of the plat.
Mr. Oxenfeld moved, seconded by Mr. Hall, that the Parkwood Estates, Section 1 Plat.
be approved and the Chairman be authorized to sign plat. Motion carried unanimously.
E~AMINATION AND APPROVAL OF OFFICIAL BONDS OF COUNTY OFFICIALS -
County Attorney For, advised the Board bcnds of the County officials are satisfactory.
rir. Marks moved, seconded by Mr. l~lilliams, that the bonds be approved.
~~~
rir. Hall asked Mr. Fox if he considered the bonds adequate for the amount of money handled.
Mr. Fox advised they are adequate as required by the statute and in his opinion, they are
adequate.
Vote oras called on motion. IL carried unanimously.
ABC PERMIT REQUEST -
ABC Yermit Reo,uest from Green's Cafe, 19 South lOth Street oaas presented to the Board.
Mr. Hall moved, seconded by Mr. Oxen£eld, that the request be foroaarded to the Sheriff's
Department for investigation. Motion carried unanimously.
APPOINTMENT MEMBER TO MUSEUM BOARD OF DIRECTORS - ~
Chairman Harriss advised the Board that a name had been submitted for appointment to
the 1`iuseum Board of Trustees to fill unexpired term of Mrs. Alice Von Oesen who had resigned.
Mr. Harriss pointed out reason only one name had been submitted was due to £act it is
difficult for these a~encies to get three people to agree to serve if s~med; it is embarras-
sin~ to ask three people if they wi11 serue and then to only appoint one of them. For this
reason, Mr. Harriss reouested the Museum Board, through Mrs. McEachern, to give only one
name oJith reason for submission of tbis particular person. The Museum Board stated Mr. Sam
Hughes is an authoritg on antiques and also is an architect and would be a great help to
the Board.
Mr. Oxenfeld. said he ~new Mr. Hughes very oaell and highly recommended that he be se-
lected to this Board and so moved. Mr. Marks seconded the motion. Motion carried unanimously.
Mr. Williams advised the way appointments have been handled the agencies were to fur-
nish three names, but the persons were not to be contacted until the Commissioners had selected
name of person to be contacted. Nr. Williams suggested it be clarified to the agencies the
Commissioners will not limit themselves to the names that are suggested but in man,y cases
will consider other individuals.
By common consent it was agreed the Chairman ~arite a letter to all a~encies apprising
them of this fact.
J
I
558
MINUTES OF THE I'riEETING - DECEMBER 21, 1970 - CONTINUED -
CONFIRMATION OF SALARY INCREASE FOR GARRY MCDANIEL -
D'ormal approval was reouested for increasing salary of Garr-,~ McDaniel from $5523 ~0 36660'],
effective January l, l~`71. Mr. NcDaniel only received a 2'/ raise during the 1970-71 budget
discussion.
Mr. Hall moved, seconded by Mr. Williams, that the request be approved. Motion carried
unanimously. ,
PUBLIC HEARING - AMENDMENTS TO MOBII~E HO~E AND TRAVEL TRAILER PARK ORDINANCE -
Chairman Harriss declared public hearing open and read amendments proposed and explained
same.
Mr. Mallory ad.vised copy of proposed amend.ments have been sent to the President and At-
torney of the local Mobile Home Dealers and Parks. Mr. Mallory said every effort has been
made to acquaint every one concerned cvith the proposed amendments plus the advertisement.
Pir. Mallory commented on procedure of adoption. Amendments cannot be adopted today.
According to the Statutes a second reading nust take place, the earliest time being January 18,
15']l. Then amendments have to be published, in the paper in full and they can ~o in effect
20 days after they are published.
Mr. Harriss declared public hearin~ closed and referred matter to the County Administra-
tor for placing on A~enda for January 18, 19'71.
TRANSFER OF FUNDS FOR SCHOOZ ACTIVITIES BUS -
Chairman Harriss presented request of the School Board for additional funds needed to
purchase an kctivities Bus. Mr.. Aarriss informed the Board the School Eudget provided for
$1~,000 for the purchase of ti•~o buses; one activity bus £or local use (field trips and cross
tovan athletic trips, etc.) and one cross-country bus to be used by Athletic teams for trips
and by regular classes at times when the bus is not being used by the teams. The local activity
bus has been purchased, costing $6,5']1.94 and delivery is being aioaited on this bus. The
cost of the cross country bus is more than anticipated by amount of $5,895-34. At Mr. Har-
riss' suggestion Dr. Bellamy furnished alternatives if bus is not purchased, charter bus
prices to various places and cost of used buses. Mr. Harriss was o£ the opinion used buses
would not be satisfactory. Mr. Harriss expressed feeling n~ewi~bus would serve purpose bet-
ter.
Mr. Marks was questioned by Mr. Harriss as to desirability of titandard or automztic
transmission. Mr, rarks favored stand2rd.
P1r. Mar~s raised cuestion if this type of bus transportation for limii;ed activities is
a necessary expense to the County? If so, he hoped action be deferred until after the Su-
preme Court decision. It migh~~be the County would have a surplus o£ buses and County could
make an exchange o£ some of these £or a bus more suitable. Mr, rarks wished to defer this
expenditure unless it is a necessary or required educational function.
Mr. Harriss advised Dr. Bellamy had pointed out in his letter uses that could be made
o£ the bus.
• Mr. Williams questioned whether nurchase oi bus of this kind is a good investment. He
pointed out different expenses involved. He questioned whether $3,362.40 worth of re-
cliner seats are necessary.
Mr. ~arks reminded the Board. that at budget time the Board of Education reduced their
over-all budget by $50,000 and he would. like to know iahat was deleted from their budget at
this time. Mr. Bowden oras reouested to check the minutes to determine what was deleted.
By common consent it was agreed this item be d.eferred and the County Administrator
clarify points brought out at this meeting. ~
Meeting recessed at 10:00 a. m.
Meeting reconvened at 10:10 a. m.
BID OPENING - OFFICE FURNITURE, CLEFcY OF SUPE`RIOR COURT -
Coastal Office Equipment advised that because of circumstances beyond their control they
could not offer a bid at this time.
The Sollowing bids were received: Jackson and Bell ~2,4']6.65, not including sales tax;
Hollis 0£fice Supply Company ~2,522.40; Shoemaker's Office Supply Company $2,123.16.
Mr. Marks moved, seconded by Mr. Hall that the bids be referred. to the County Adminis-
trator and bid be awarded to the low bidder if it meets specifications. Motion carried
unanimously. -
ASSESSMENT RATIO -
The City CouncilMen and City Manager Brandon were present for discussion of Assessment
Ratio.
Mr. Bowden advised time for setting Assessment Ratio has to be done earlier now, prior
to mailing abstracts. Abstracts have to be mailed last week in December.
Discussion was held on tiaork reouired in Tax Office if Assessment Ratio is changed.
Mayor Cromartie spoke saying he i~rould have to say that in regards to assessment ratio
it is feeling of the City Council that to be fair and honest with the citizens they feel that
they shoulcl go to the 100'~ ratio. Mayor Cromartie said it might appear on the surface that
they would increase taxes, but they are not. If they have the 100°/o ratio the tax rate would
be cut in half. The City Council requests the County Commissioners go to the 100'/ ratio;
the City is at its absolute limit of taxation. The City Council does not feel there vrill
be a tax decrease. Mayor Cromartie said they could not sa5 they need.ed 5%, l~b, or s•rhatever,
but if they had the 100% ratio they could hope£ully keep the City tax levy at the same
level.
~INUTES OF THE MEETZNG - DECEMBER 21, 1970 - COPITINUED -
ASSESSMENT RATIO - CONTINZ7ED -
rTr. Hall reminded the Board that when the 1% Sales Tax was being sold to the people
last year, the people were advised the assessment ratio would not be run up and thought to
do so would be a breach of faith.
Mr. Symmes vras of the same opinion as Mr. Hall.
Mr. Hall asked Mr. Shepard how the anticipated sa7.es tax was coming out. Mr. Shepard
said County had received 62% of what it had anticipated and he felt it would ~o over what
County had anticipated.
Mr. Brandon advised City would be short in amount of $100,000 to ~150~000; they had
been too optimistic.
Mr. Williams stated City is in a financia•1 bind and that he could say flatly and firmly
that he did not promise anyone if the sales tax was passed or not passed there would. not be
a change in the assessment ratio.
Ma~or Cromartie said City is in a bind, rir. Williams asked the Mayor if the City
borrowed money to take care of current expenses because they had reached their limit in
taxation. I,ast ~>ear City issued Bonds to buy equipment.
Mr. Harriss said the City Limits have not been expanded since 1964. During this time
County has experienced growth in taxable values while City's growth has been small and.
maJbe decreased. Mr. Harriss pointed out City is at limi.t of taxation with rising cost
and the County cannot afford to have a local gover.nmental unit which is not self-supporting.
\
559
Mr. Hall was of opinion by r~ising ratio it will cost the county from $500,000 to ~600,000.
Mr. Marks said he did not see it in this light at all.
A lengthy discussion followed on needs of City.
Mr. Marks moved that the Board change ratio to 10~'o. PTotion died for lack of a second.
After fusther discussion Mr. Harriss advised that refusal to change tax ratio for fear
City will increase taxes is not within prerogative of the Commissioners, and if Mr. Piarks
would state his motion again he would second it.
Nr. Marks moved, seconded by Mr. Harriss, that the County change assessment ratio from
50% to 100%.
Mr. Williams said he would be failing citizens of Wilmington i£ he failed to go along
with the motion.
Vote was called on motion. It carried four to one. Mr. Hall voted "~Io". Chairman
Harriss voted "Yes".
Meeting recessed at 11:1Q a. m.
Meeting reconvened at 11:20 a. m.
FREEMAN'S BEACH EROSION -
Mr. and Mrs. r'rank Hill appeared befose the Board. to discuss erosion problem at Free-
man's Beach. Col. Denison and Mr. Vallianos of the Corps of Engineer.s were present also.
P1r. Hill requested the Carolina Beach Inlet be closed because of loss of property in-
cluding three or four buildings and their business. Mr. Hill in£orned the Board he had lost
about 1500 feet of property and his other property is under water. He pointed out Carolina
Beach Inlet is man made.
Col. Denison said there is considerable basis for what Mr. Hill has said. Inlets do
affect beaches a~reat deal. Col. Denison said at one time a large number of people vrer•e
in favor of opening the inlet at that time. The Corps has been requested to study the inlet.
Study will be one in considerable detail from closing the inlet to stabilizir~ it. The
existence of inlet has created erosion problem Mr. Hill re£erred to.
PZr. Harriss advised he was in the inlet..Saturday and believes inlet is carrying too
much water. Current is only one way. P1r. Harriss was o£ opinion study should include
locking of Snow's Cut. -
Col. Denison said there are three problems connected with inlet; erosion, navigation,
and pollution.
rir. Narks stated in view of proposed study this Board cannot take action at this time.
Mr. Harriss assured Mr. Hill the Commissioners will act on recommendations which will
be forthcoming from the Corps of Engineers.
TAX LISTING FOR J. C. rr:ivivr.~ & C0. -
Ptr. Burns, Manager of J. C. Yenney & Co., appeared before the Board to discuss listin~
of taxes for J. C. Penne~= & Co.
Mr. Burns said he took book inventory, subtracted marked downs off in January on ob-
solete merchand.ise and merchandise in transit and estimated shrinkage.
Mr. Fowell arrived at his £igure by taking information the company reported to the
State as of January 1, 1g`70 e~inus what they reported to the County and applied the assess-
ment ratio. '
After a lengthy discussion and being assured other businesses have been, or will be,
treated. in the same manner, Mr. Marks moved, seconded by Mr. Hall, that the Board accept
recommendations of the Pssistant Supervisor. Motion carried unanimously.
~ 560
MINUTES OE THE rL~ETING = DECEMBER 21, 1970 - CONTINUED -
,
PROPOSED PUPCHASE OF PROPERTY FROM KELLWOOD CONiPANY -
Mr. J. C. Wessell, Jr., Attorney, appeared before the Board representing Kellwood
Company~approximately seven acres of land ad.jacent to Smith's Creek on North Twenty-Third
Street. The purchase was made with st3pulation and agreement that by February 7, 1971, if
I{ellUaood did not erect a plant or wareYiouse, the County would have the option to repurchase
the land for the same price paid for it. Kellwood does not plan to erect an additi.onal
warehouse in New Hanover County and is offering the land back to New Hanover County at the
same price; namely $2,150 per acre. *(who several years ago purchased from the County)
Mr. Hall moved, seconded by Mr. Marks, that the land be repurchased £rom Kellwood
at $2,150 per acre, transaction to be concluded by December 31, 19'70, monies to come from
the General Contingency Fund. Motion carried unanimously.
CASTLE HAYNE RESIDENTS RE~UEST RECOMMENDATION OF O.ONII`IISSIONERS TO STATE HIGH4IAY FOR 35-PiILE
ZONE.- HAMPSTEAD HIGHWAY NEAR INTERSECTION OF U. S. 11'7 -
Nessrs. Tom Swarts, Wells Mishoe and Bill Rooks appeared before the Board reouesting
the County recommend to the State Highway Commission red:uction of speed zone from 55 miles
to 35 miles for a one-mile limit on Hampstead Highway near Intersection of U. S. 11`]. Also,
they requested a light at the intersection.
Mr. ldilliams moved, seconded by PTr. Narks, that the State Highvray be requested to
reduce speed limit from 55 to 35 miles for a limit of one mile and also request a light at
the intersection. Notion carried unanimously.
The gentlemen also complained of overloaded gravel trucks spilling ~ravel on the high-
way causin~ hazardous driving. By cotimon consent it i,~as agreed to recommend to the State
they investigate this.
REFUND OF $3,291 TO MEDICARE -
P1r. Shepard advised ~•ahen the Community Hospital Vaas closed a post audit was made and
the County paid what tiaas charged. Now they have had an amended audit and County is charged
with this additional amount.
Mr. Hall moved, second.ed by Mr. Marks, that the amount be paid, funds to come from the
General Fund Surplus. Motion carried unanimously.
CAROLINA POi~iER AND LIGHT COP'iPANY EASEMENT -
Mr.. Bowden advised County had been repuested to sign easement in favor of Carolina
Power and I,i~ht Company to bury copper pipe at Neva Hanover Memorial Hospital. This has
been approved by the Hospital Board.
After discussion the Board, upon advice of Nr. Fox, concluded the easement is too broad.
Mr. Hall moved, seconded by Nr. ~enfeld, that the County kttorney be authorized tb drata up
proner easement subject to underground rights only, and that a specific location be stated
and the Chairman be authorized to sign the easement. Motion carried unanimousl9.
COUNTY CONTRIBUTION TO EROSION CONTROL AT CAROLINA BE4CH -
Mr. Bowden requested formal approval of payment of ~l'],']26 as the County's contribution
to erosion contr•ol at Carolina Beach.
Mr. Williams moved, seconded by Mr. Marks, that formal approval be given, funds to come
from the general £und surplus. Motion carried. unanimously.
REQUEST FOR FUNDS FOR JAIL N'tEDICAL CARE -
Mr. Bowden presented request ior $']90 for Jail Medical Care.
Mr. Marks moved, seconded b$~ Mr. Oxen£eld, that request be approved., funds coming from
General Contin~ency Fund. Moti~n carried unanimously.
REPORT BY I"tR. OXENFE7~D ON HIS ATTENDANCE OF COP'II"IISSIONERS' SCAOOL IN CHI~PEL HILL -
Mr. Oxenfeld gave rep.ort on his attendance of Commissioners' School in Chapel Hill last
oaeek. He advised that one item that was discussed at great length was press relations. Mr.
Oxenfeld said he appreciates the problem the news media has in ~etting the news; they have
certain dead lines to meet. Mr. Oxen£eld said the news media usually came through i~rith the
idea he liad in mind although sometimes not stated as he had stated. Mr. Oxenfeld said he
had probably made statements that many of the Commissioners had not agreed with and will
probably make some in the future. He said he felt the nev+s media is trying to do their
job and if a word gets misplaced or out of order or misspelled an individ.ual should not
be castigated for something, perhaps he did not intend to say.
MOBILE HOMES
Mr. Hall su~~ested study be made of. where mobile home identity starts, and where it
ends. He referred to prefab units in pieces as mobile units but vahen put to~ether become
something that cannot be moved on wheels. He expressed. concern over possible problem on
20,000 foot lot where one cannot erect a mobile home but possibly might try one of these
units. Mr. Hall wanted to know whether this 9~15,000 to $20,000 unit constitutes a mobile
home or not.
POSSIBILITY OF CONSOLIDATION OF CITY AN- COUNTY INSP~CTION OFFICES -
Mr. Hall pointed out that within one-mi.le limit there are certain responsibilities of
inspections and ordinances insofar as building is concerned that belong to the City if
they choose to accept the responsibility aaid certain items of inspection that might be made
by the County, and there are conflicts between these things.
Mr. Fox advised law permits consolidation of City and County Inspection of£ices.
Mr. Bowden is in process of investigation oS this at this time.
ADJOURNrYENT -
There being no further business to come'before the Board, Mr. Marks moved, seconded by
Mr. Hall, that the meetir~ adjourn. Motion carried unanimously.
Respectfully submitted,
Hazel Savage,
Clerk to the Board