1975-05-19 Regular Meeting
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MINUTES OF SPECiAL MEETING, MAY 12, 1975 (CONTINUED)
COMPENSATION SET FOR BOARD OF EQQ,ALIZATION AND REVIEW (CONTINUED)
Mrs. Cecelia Pleasants, Executive Director of the Taxpayers Association, stated
that the Taxpayers Association felt that serving as the l30ard of Equalization and
Review was part of the duties of the County Commissioners and that they should not
receive compensation for this ~rvice.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, motion carried unanimously.
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Chm. Davis adjourned the meeting at 12:40 o'clock p..m.
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Respectful+y submitted,
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rs.) Lis~~' K. Kin<CJ
Clerk to the Board
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MINUTES OF REGULAR MEETING, MAY 19, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
May 19, 1975, at 9:00 o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. D2vis; County Manager,
Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King.
No members were absent.
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Chm. Davis called the meeting to order.
Comm. Wright offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, MAY 5, 1975
Upon motion by Comm. Alper, seconded by Comm. Wright, the minutes of the regular
meeting held on May 5, 1975, were unanimously approved as presented.
APPROVAL OF MINUTES: SPECIAL MEETING, MAY 12, 1975
Upon motion by Comm. Alper, seconded by Comm. Wright, the minutes of the special
meeting held on May 12, 1975, were unanimously approved as presented.
PUBLIC HEARING - 201 FACILITY PLAN
Notice had been published in the Wilmington Morning Star on April l8 and May 9,
1975, that the Commissioners would hold a public hearing at 9:00 o'clock a.m. on
Monday, May 19, 1975, on a wastewater treatment system for the Greater Wilmington
20l Facilities Planning Area.
Chm. Davis opened the public hearing to discussion.
The following persons appeared before the Board with regard to the 20l Facility
Plan: Paul S. Denison and Henry von Oesen of Henry von O'=sen and Associates, the
consulting engineer; John D. Hines of Wrightsville Beach; John A. Jones, Wilmington
City Manager; Robert W. Sawyer, Mayor of Wrightsville Beach; Hugh Perry, Clerk-
Treasurer of Wrightsville Beach; Tyndall Lewis, Field Engineer with the Division
of Environmental Management, State of North Carolina DepaTtment of Environmental
Management; Edwin Schwinn; and Darryl Wiley.
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
PUBLIC HEARING - 201 FACILITY PLAN (CONTINUED)
Comm. Taylor moved, secondeq by Comm. O'ShieldEi, that the Board approve Alternate
Plan No. E-2 which would approve:la ten-year expansion for Wrightsville Beach and
improvement of the quality of treatment at Wrightsville Beach. Comm. Taylor with-
drew his motion and Comm. O'Shields withdrew his second when Col. Paul S. Denison,
Consulting Engineer, explained that this would be covered by the formal resolution
which would be presented to the Commissioners at a later date covering the entire
201 Facility Plan.
It was agreed that public comments would be received with regard to the 201
Facility Plan for the next fifteen days and that Henry von Oesen and Associates,
Consulting Engineers, would bring back formal reco~nendations approximately 30 days
after the expiration of the fifteen-day period held open for public comments.
ChIn. Davis closed the public hearing to discus:,don.
RESOLUTION ASSURING ADOPTION OF SCHEDULE OF FEES AN) CHARGES - 201 PLAN
Upon motion by Comm. Alper, seconded by Comm. 'raylor, the following resolution
was unanimously adopted as required under the State's Clean Water Bond Act.
WHEREAS, the North Carolina Clean Water Bond A~t of 1971 has authorized the
making of grants to aid eligible units, of government in financing the cost of
construction of wastewater collection systems and w~ter supply systems; and
WHEREAS, New Hanover County has agreed to serve as Lead Agency for the Greater
Wilmington Area in the preparation of a 20l Facilities Plan for the area; and
WHEREAS, New Hanover County intends to request State Gran1: Assistance for
the project;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF
NEW HANOVER
THAT in addition to other assurances made, New Hanover County will adopt or
cause to be adopted and placed into effect on or before the completion of the project,
a schedule of fees and charges which will provide adequate funds for proper opera-
tion, maintenance, and administration of the waste~ater collection and treatment
system(s);
THAT Peter R. Davis, Chairman - Board of County Commissioners, is hereby
authorized to make such assurance on behalf of New Hanover County to the State of
North Carolina.
PRESENTATION OF POLICY ON DEVELOPMENT OF NEW HANOVE:R COUNTY
Mr. Herbert P. McKim, Chairman of the Environmental Impact Committee (EIC) ,
appeared before the Board along with EIC members Paul Foster and Sue Hayes to
present the Statement of Policy on the Development of New Hanover County prepared
by their Committee.
ChIn. Davis requested that a copy of the Statement be sent to the following
organizations by the EIC wi t,h requests for commentB: Chamber of Commerce,
Wilmington Board of Realtors, Committee of 100, COI~ittee of 500, Planning Com-
mission, Wilmington Merchants Association, the var:.ous media, Coastal Resources
Commission, Homebuilders Association and the Taxpa~rers Association.
It was also agreed that the Commissioners would submit their written comments
to the EIC with regard to this Policy.
DISCUSSION OF JAIL/LAW,ENFORCEMENT CENTER
Mr. Herbert P. McKim, Architect for the propo:;ed Jail/Law Enforcement Center,
requested a special meeting with the Board during 1:he first or second week of
'June, 1975. By common consent, it was agreed that Mr. McKim and County Mgr. Eller
would set a time for this special meeting.
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
PLAN FOR OCTENNIAL REVALUATION - 1983
As required by N. C. Gen Stat153A-150, County Mgr. Eller and Tax Administrator
Powell presented to the Board of Commissioners an eight-year budget for financing
the cost of the next Octennial Revaluation as follows: 1'hat this be done by in-house
personnel; that one additional appraiser be approved in t,he Tax Department Budget
at a cost of approximately $10,000 per year; and that $3,000 be included in a
Reappraisal Reserve Fund over an eight-year period for a total of $24,000 to cover
necessary supplies and computer services.
Corom. Wright moved, seconded by Chm. Davis, that the Board approve the Octen-
nial Revaluation"s being accomplished in-house in 1983 arrd that the budget matters
be handled during the budget sessions. Upon vote, motion carried unanimously.
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ABATEMENTS AND REFUNDS
Comm. Wright asked County Attorney Fox if he had reviewed the requests for
abatements and refunds contained in Tax Administrator Po~~ll's memorandum dated
May 15, 1975. County Attorney Fox stated that he had and that they were in order.
Upon motion by Corom. Alper, seconded by Comm. O'Shields, the requests for
abatements and refunds contained in Tax Administrator Powell's memorandum dated
May l5, 1975, were unanimously approved as requested. This memorandum is contained
in Exhibit Book III, Page 7.
REPORT FROM COLLECTOR OF REVENUE
Upon motion by Chm. Davis, seconded by Comm. O'Shields, the report from
Janie B. Straughn, Collector of Revenue, for New Hanover County Tax Collections
through April 30, 1975, was unanimously accepted by the Board. This report is con-
tained in Exhibit Book III, Page 8.
APPROVAL OF OUT-OF-TOWN TRAVEL - TAX ADMINISTRATOR
County Mgr. Eller reported that he had received a request that the Commission
authorize the Tax Administrator to go to Columbia, South Carolina, on Friday,
May 23, 1975, to meet with Computerecords, Inc., in that the contract required
that someone from the Tax Department would be available when Cole-Layer-Trumble
turned over the program to the computer company.
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Corom. Wright recommended that somebody else from the Tax Department attend
also. Tax Administrator Powell stated that he could not spare anyone else away
from the Department.
Chm. Davis moved, seconded by Corom. Alper, that this out-of-town travel for
the Tax Administrator be approved. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Wright.
lANDFILL RATES FOR FISCAL YEAR 1975/l976
Chm. Davis moved, seconded by Comm. Alper, the folloNing:
1) That the landfill rate for municipalities and bulk haulers be set at 84~
per cubic yard effective July l, 1975;
2) That Waste Industries' records be reviewed after October l, 1975, and that,
if the review indicated that a change in the rate should pe made, the amount of the
change was to be decided on by December 1, 1975, and made effective January l, 1976;
3) That Waste Industries assume all responsibility for the transfer station
without help from Kure Beach;
4) That gate open hours would allow a one (1) hour shut-down from l2 Noon
until 1:00 PM; and,
5) That casual users be charged on the following rate:
a) Autos - 50~
b) Trucks & Trailers - $1.56 minimum
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Upon vote, motion carried unanimously.
Comm. Wright requested that County Mgr. Eller give the Commissioners a study
relating to costs that would be involved in setting up containers around the County
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
LANDFILL RATES FOR FISCAL YEAR 1975/l976 (CONTINUED)
with a County pick-up service from the containers. In this regard, County Mgr.
Eller stated that he had been stt1dying many alternat.ives which the County could
take at the expiration of the co~tract with Waste I~dustries and this would be
submitted to the Commissioners iri a report fQ~m.
AUTHORIZATION FOR CHAIRMAN TO EXECUTE DEED - BOARD OF EDUCATION
Upon motion by Comm. Alper, seconded by Comm. (J'Shields, Chm. Davis was
. unanimously authorized to execute a deed deeding to the Board of Education 50 of
the 75 acres recently purchased from International Faper Company for the Laney and
Trask School sites.
PORT AND WATERWAY DEVELOPMENT COMMISSION - ESTABLISHMENT OF TERMS
Upon motion by Comm. Wright, seconded by Corom. Taylor, the following terms
were set for the County's appointees to the Wilmington-New Hanover Port and Water-
way Development Commission. These terms were staggered; but, in the future, terms
would be for three years.
W. S. R. Beane - three years - term to expire 2/28/78
Frederick Willetts, Jr. ~ one year - term to expire 2/28/76
David S. Sharpe - two years- term to expire 2/28/77
M. H. Vaughan - three years - term to expire 2/28/78
CAPITAL OUTLAY EXPENDITURE APPROVED - HEALTH DEPARTMENT
Upon motion by Comm. O'Shields, seconded by Corom. Alper, the following purchases
from Capital OUtlay in the Health Department Budget were unanimously approved as
requested.
One M2787-2 Microscope
One M2794-2 Illuminator
Four Lanier Portable Dictating Machines @ $159 -
- $ 487
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$l,164
, . BUDGET AMENDMENT - HEALTH DEPARTMENT
, Upon motion by Comm. O'Shields, seconded by Corom. Alper, the Board unanimously
approved increasing the appropriations in the Revenue Account #44 368 03, Federal &
State Grants, and the Expenditure Account #44 590 03, Dues & Subscriptions, by $200
in order to account for a grant received from UNC-CH by the Public Health Nursing
Division of the Health Department for the purpose of purchasing publications.
TRACTOR TO BE READVERTISED FOR BIDS
County Mgr. Eller presented the following bids received on May 8, 1975, for a
tractor for the Buildings & Grounds Department and recommended that, since the
apparent low bidder had failed to supply the required bid bond and the other bid
had exceeded the funds available, the Commissioners reject all bids and readvertise.
Lee Ford & Tractor - No Bid
Wilmington Lawn & Leisure - $3,690.00
Humbles Garage - $4,D17.54
Upon motion by Comm. O'Shields, seconded by Comn. Alper, County Mgr. Eller's
recommendation to readvertise for bids was unanimously approved.
BUDGET AMENDMENTS - CAPE FEAR TECH CONSTRUCTION FUND
In order to properly encumber the outstanding contracts in the Cape Fear Tech
Construction Fund, Comm. O'Shields moved, seconded b:r Comm. Alper, that the following
budget transactions be approved. Upon vote, motion carried unanimously.
. 1) Increase the Revenue Account #6l 336 00, AS:3essments other Governments,
by $50,000.
2) Increase the Expenditure Account #61 660 72, Capital Outlay - Building,
by $50,000.
3) Decrease the Expenditure Account #61 660 04,. Professional Services, by
$190,000.
4) Increase the Expenditure Account #61 660 72" Capital Outlay - Building,
by $190,000.
5) Increase the Revenue Account #61 329 00, In1:erest on Investments, by
$55,000.
6) Increase the Expenditure Account #61 660 72" Capital Outlay - Building,
by $55,000.
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
ROAD PETITION - KENNINGSTON STREET & KENNETH COURT IN
CHURCHILL ESTATES ~D KINGS GRANT SUBDIVISION
The Commissioners had been advised by Mr. T. W. Funderburk, Division Engineer,
that Kenningston Street and Kenneth Court in Churchill Estates and Kings Grant were
recommended for addition to the State system and they had been requested to adopt
the appropriate resolution requesting that this be done;: however, Mr. Richard Epling,
former County Engineer, had advised that these roads did not meet the requirements
for acceptance into the State's Secondary Road System as published.
Comm. Alper stated for the record that he maintained that, when a developer
put up a development and installed roads upon which the people who bought their
homes bought in good faith that the road was properly in~talled and that it would
be adequate for their needs, that the County retain the ~ontrol to such time a&
when the developer is finished with a particular development, the County would inspect
it to find that the purchasers of the homes and of the lpts were properly protected.
He stated that the function of the County Commission was' to protect the citizens
of the County and not permit a developer to give them sub-standard works with promises;
and that based on Mr. Epling's report, the Board deny the acceptance of this road.
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Comm. O'Shields moved, seconded by Comm. Taylor, th~t the Commission adopt
a resolution requesting that Kenningston Street and Kenneth Court in Churchill
Estates and Kings Grant be added to the State's Secondary Road System and, further,
that the County Engineer be advised that the Commission ,was particularly concerned
about the construction of roads in subdivisions and that he be requested to be par-
ticularly careful that the Subdivision Ordinance was followed with regard to the
construction of the roads. Upon vote, motion carried unanimously.
TABLING OF AERONAUTICS, INC., LEASE AGREEMENT
As required by N. C. Gen Stat, notice had been published in the Wilmington
Morning Star on March 28, 1975, that the County Commissi:mers would consider leasing
additional property to Aeronautics, Inc., at their meeting of April 7, 1975.
This item had been tabled at the meetings of April 7, April 2l and May 5
due to questions raised by Aeronautics, Inc., regarding the terms of the lease.
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County Attorney Fox advised that this was still in the process of negotiation
and requested that it be tabled to the meeting of June 2, 1975.
Upon motion by Chm. Davis, consideration of the lease agreement with
Aeronautics, Inc., was unanimously tabled to the meeting of June 2, 1975.
SECTIONS l-A AND 2 IN WALNUT HILLS SUBDIVISION - FINAL PLAT APPROVAL
Upon motion by Comm. O'Shields, seconded by Comm. Taylor, the final plats for
Sections l-A and 2 in Walnut Hills Subdivision were unanimously approved and the
Chairman was authorized to sign the plats on behalf of the Commission. These plats
had been approved by the Subdivision Review Committee at their meeting of April 28,
1975.
CONSIDERATION OF LEAA GRANT APPLICATION - NEW HANOVER COUNTY LEGAL UNIT
County Mgr. Eller presented the LEAA Grant Application entitled New Hanover
County Legal Unit and stated that the Grant was for a 15-month period and would
provide a full-time attorney, full-time secretary and the purchase of equipment.
He stated that the local cash match required would be $1,165 and that the terms of
the Grant Application required tmtthis be continued upon the expiration of the
Grant.
Upon motion by Comm. Alper, seconded by Chm. Davis, the Board unanimously
agreed not to act on this Grant Application at this time.
BUDGET TRANSFER - HEALTH DEPARTMENT
Chm. Davis moved, seconded by Comm. O'Shields, that the Board approve a transfer
of $300 from Account #44 590 07, Retirement, to Account #44 590 06, Group Insurance,
in the Health Department Budget to cover charges for the remainder of the fiscal year.
Upon vote, motion carried as follows:
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Voting Aye: Comm. O'Shields, Taylor, Wright, and Chm. Davis.
Absent:
Corom. Alper.
(Temporarily absent from meeting.)
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
EXECUTIVE SESSION
Comm. O'Shields moved, seconded by Comm. Taylor, that the meeting be recessed
to go into executive session to discuss committee appointments, land acquisition,
and personnel. Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to executive session at l2:40 o'clock p.m.
Chm. Davis reconvened the meeting at 12:55 o'clock p.m.
RESOLUTION APPEALING CONDEMNATION PROCEEDINGS - RANEY COMPANY, INC., PROPERTY
Comm. Taylor offered the following resolution and moved its adoption.
BE IT RESOLVED that the New Hanover Board of County Commissioners hereby
gives notice of appeal and authorizes the County At'torney to file notice of
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appeal of the condemnation proceedings of the Raney Company, Inc., property to
the appropriate division of the General Court of Justice on the issue of compen-
sation.
The motion having been duly seconded by Comm. O'Shields, it was adopted by
the following vote.
Voting Aye: Comm. Alper, O'Shields, and Taylor.
Voting Noe: Comm. Wright and Chm. Davis.
RESOLUTION SETTING JUST COMPENSATION FOR RANEY COMPANY, INC., PROPERTY
Comm. O'Shields moved, seconded by Comm. Alper, that the Board set as just
compensation for the Raney Company, Inc., property the sum of $225,860. Upon
vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Taylor.
Voting Noe: Comm. Wright and Chm. Davis.
COMMITTEE APPOINTMENTS
Upon motion by Comm. Alper, seconded by Comm. l~right, the following committee
appointments were unanimously approved subject to their acceptance.
Museum Board - Paul A. Grimsley - reappointed for three-year tenn to expire 6/30/78.
Museum Board - Mrs. Charles L. Nance, Jr. - reappointed for three-year tenn to
expire 6/30/78.
Mental Health Area Board - Dr. Charles P. Graham - ~eappointed for four-year tenn
to expire 6/30/79.
Mental Health Area Board - John Van B. Metts - reappointed for four-year term to
expire 6/30/79.
Social Services Board - Mrs. Beatrice R. McIntyre - appointed for three-year term
to expire 6/30/78.
Airport Commission - Glenn G. Moore - appointed for five-year term to expire 6/30/80.
Environmental Impact Committee - Herbert P. McKim - reappointed for three-year tenn
to expire 6/30/78.
Environmental Impact Committee - Col. Paul S. Denison - reappointed for three-year
tenn to expire 6/30/78.
Environmental Impact Committee - Paul E. Gregory - reappointed for three-year term
to expire 6/30/78.
Environmental Impact Committee - Sue Hayes - reappointed for three-year term to
expire 6/30/78.
CHAIRMAN TO WRITE LEGISLATORS RE LEGISLATION
Comm. Wright requested that Chainnan Davis write the County's legislators in
Raleigh regarding several bills which had been introduced regarding delaying the
institution of the reappraisal valuations. This waB agreed to by common consent.
REQUEST FOR BUDGET INFORMATION - FY 75/76
Comm. Wright recommended that the Board agree 1:hat all groups that came before
the Board for appropriations at budget time that we]~e not County Departments be
requested to give the Commissioners all information before their budget hearing as
to their total budget and other sources of revenue Buch as other tax funds or grant
monies. This was agreed to by common consent.
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MINUTES OF REGULAR MEETING, MAY 19, 1975 (CONTINUED)
NO SMOKING IN ASSEMBLY ROOM
Cornm. Wright moved, seconded by Chm.Davis, that the Board ban smoking in the
Assembly Room and that smokers be requested to smoke in the lobby. Upon vote, motion
carried as follows:
voting Aye: Comm. Alper, Wright, and Chm. Davis.
voting Noe: Comm. O'Shields and Taylor.
BUDGET TRANSFERS - ADMINISTRATION
Upon motion by Chm. Davis, seconded by Cornm. Alper, a transfer of $700 from
the following accounts to Equipment Rent, Account #11 420 16, in the Administration
Budget for xerox equipment expenses was unanimously approved.
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$200 from Miscellaneous Expense, Account #11 420 57
150 from Auto Allowance, Account #11 420 10
150 from Advertising, Account #ll 420 27
200 from Travel, Meetings & Schools, Account #ll 420 14
$700 to Equipment Rent, Account #ll 420 l6
DISCUSSION OF VISIT TO OGDEN RESCUE SQUAD
Comm. Wright stated that she would not be able to visit the Ogden Rescue Squad
on May 24th as invited and requested that the other Commissioners try to attend.
SPECIAL MEETING CALLED FOR MAY 26, 1975
By common consent, a special meeting was called for Monday, May 26, 1975, at
11:00 o'clock a.m. to handle any items which could be handled before the regular
meeting of June 2, 1975.
ADJOURNMENT
Cornm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at l:20 o'clock p.m.
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(Mrs.) Lise K. King (I
Clerk to the Board
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MINUTES OF SPECIAL MEETING, MAY 26, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in special session on Monday,
May 26, 1975, at 11:00 o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina, for the following purposes: (1) Approval of out-of-town
travel for Sheriff Grohman; (2) Budget amendment for Raney Company, Inc., property;
(3) Request for advance of sick leave for Charles Register; (4) Budget Transfer -
Juvenile Services; (5) Ambulance Franchise Agreements; and (6) Budget Transfers -
Civil Preparedness.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager,
Dan W. Eller; County Attorney, James C. Fox; and Clerk to 'the Board, Lise K. King.
No members were absent.
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Chm. Davis called the meeting to order.
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