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1975-10-20 Regular Meeting ii84 'I MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 20, 1975, at 11:00 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.; ~Ulliam C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; County Attorney, James C. Fox and Clerk to the Board, Alyce B. Brown. No members were absent. " f) Chm. Davis called the meeting to order. Comm. O'Shie1ds offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, SEPTEMBER 29, 1975 Comm. Wright asked for clarification of the minutes 'of September 29, 1975, on Page 275 under Public Hearing - Secondary Road Construct:ion. When she had made the motion, her understanding was that the $17,400 would be:used to pave SR 1336 as far as the money would go instead of "grade and maintain" a~,; stated in the minutes. Comm. Alper moved, seconded by Comm. Taylor, that t~e minutes of the special meeting of September 29, 1975, be changed to read that t~he $17,400 would be used to pave SR 1336 (Sidberry Road) as far as the money wou:(d go and that the minutes be approved as corrected. Upon vote, motion carried un~mimously. APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 6, 1975 Comm. Alper moved, seconded by Comm. Taylor, that Meeting of October 6, 1975, be approved as presented. unanimously. the minutes of the Regular Lpon vote, motion carried REJECTION OF BIDS ON LEGION STADIUM RENOVATION - PHASE II The award of the Contract for the Legion Stadium Renovation - Phase II was tabled at the meeting of October 13, 1975, until all parties involved could be present. n ./ Mr. Julian Altobellis, Architect, appeared before the Board and gave the back- ground of the Legion Stadium Commission Meeting of October 8, 1975. The Recommendation of this Commission was to award the general contract for the renovation project to B. R. Dorsett Construction Company. Mr. B. R. Dorsett of Dorsett Construction Company appeared before the Board to state his position in the matter. Mr. William Kay and his attorney, Mr. A. L. Butler, ,Jr., appeared before the Board and stated Mr. Kay's position in feeling that the negotiations with the contractors had not been handled properly according to the General Statutes of the State of North Carolina. Chm. Davis moved, seconded by Comm. O'Shie1ds, to award the contract to Dorsett Construction Company on the basis that his was the lowes1: base bit and that $2,000 be taken from contingencies to make up the amount for the quarry tile to be included. After further discussion, Comm. Taylor offered a subBtitute motion, seconded by Chm. Davis, that all bids be rejected and the project be readvertised. Upon vote, motion carried unanimously. APPROVAL OF LEASE WITH AIR WILMINGTON, INC. Mr. Eugene Edwards of the Airport Commission appeared before the Board to present the proposed Lease with Air Wilmington, Inc., copy of which had previously been fur- nished to the Commissioners. The Airport Commission recommended that the commissioners approve this Lease and authorize the Chairman to execute 'same. f) Comm. Alper moved, seconded by Comm. O'Shie1ds, to accept this Lease as recom- mended by the Airport Commission. Upon vote, motion carried unanimously. A copy of the Lease is on file in the County Manager's Office. ~ ,- - -_._.~----~.- ..- " ; ,.t. ~ 285' MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONT1NUED) ADOPTION OF ELECTRICAL CODE FOR NEW HANOVER COUNTY The Commissioners, by majority vote, approved the proposed Electrical Code at their meeting of October 6. Since the vote was not unanimous another vote was necessary in order for the Code to be adopted. County Engineer, Robert Williams, appeared before the Board and stated that the questions posed by the Appliance Servicemen at the October 6 meeting had been clarified to their satisfaction. il. Comm. O'Shields moved, seconded by Comm. Taylor, that the Electrical Code for New Hanover County be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright A copy of the Electrical Code is contained in the Ordinance Book in the County Manager's Office ADOPTION OF PLUMBING ORDINANCE FOR NEW HANOVER COUN'rY County Manager Eller reported that the Commissioners had considered an Ordinance establishing a Board of Plumbing Examiners on a n~)er of occasions previously. It had been redrafted several times, but was never finally adopted. Corom. Alper moved, seconded by Comm. O'ShieldsJ that the following Ordinance be adopted: AN ORDINANCE REQUIRING PLUMBING INSTALLATIONS TO BE MADE BY JOURNEYMAN PLUMBERS AND GOVERNING THE LICENSING OF JOURNEYMAN PLUMBERS IN NEW HANOVER COUNTY Be it ordained by the Board of Commissioners of New Hanover County: . l. There is hereby established a Board of Pluniliing Examiners which shall con- sist of two master plumbers, one journeyman plumber, and the plumbing inspector of New Hanover County. The plumbing inspector of New Hano\~r County shall be an ex officio member of said board. Of the initial appointment of the remaining members, one shall be appointed for a term of three years, one shall b8 appointed for a term of two years, and one shall be appointed for a term of one year, end upon the expiration of the first term, all subsequent appointments shall be for a te~m of three (3) years. Appointments shall be made by a majority vote of the Board of COLnty Commissioners. 2. A journeyman plumber is a person skilled or trained in the installation of a plumbing system in commercial or residential properties; and shall have in his pos- session a valid licen~e issued by the Board of Plumbing Examiners of New Hanover County, or a valid license from another county in North Carolina. 3. Except when done on his own behalf on his own property, or upon the property of a person, firm or corporation by whom he is regularly employed, and on behalf of such employer, no person, whether for hire or otherwise, shall do, enter into, engage in or work at the business of installing pipe, conduits, apparatus, fixtures or other appliances procuring or using water or sewerage in New Hanover County, unless such person shall have a valid license issued by the Board of Plumbing Examiners of New Hanover County, in accordance with the provisions of this ordinance. 4. Any person desiring a license as a journeyman plumber shall appear be~ore the Board of Plumbing Examiners and pass an examinati.on therefor. The examination shall be given the first Monday of each month. Application for examination shall be . made seven (7) days prior to such examination. The ,:!xamination shall consist of questions and drawings and oral examination. Any or all of the examination may be waived if in the opinion of the Board of Plumbing Examiners, the candidate provides a current valid license from another county testifying as to his proficiency. 5. Any license issued by the Board of Plumbing Examiners shall be for a term of two (2) years, and may be revoked by it at any time :Lf the licensee fails to comply with the New Hanover County Plumbing Code. ~ tob MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED) AOOPTION OF PLUMBING ORDINANCE (CONTINUED) 6. Every person desiring to take the examination to be licensed as a journeyman plumber shall pay a fee of $10.00 therefor, if the examination is for an original license, and shall pay a fee of $3.00 therefor, if the examination is for a renewal of a previously issued license. 7. Should the Board of Plumbing Examiners refuse to issue a license as a journey- man plumber to a person who has taken the examination prQvided for herein, such per- son may appeal such refusal to the General Court of Justice of New Hanover County. 8. This Ordinance shall be effective within the corrorate limits and extra- territorial jurisdiction of any municipality within New Hanover County which shall so agree by appropriate resolution. '~ 9. Any person who shall violate the provisions of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than $50.00, or imprisonment for not more than thirty (30) days, in the discretion of the court, as provided by Section f~e-~e~ of the General Statutes of North Carolina. (See Book 17~Paqe 125 for change in 14-4 statute reJer~nce) 10. If any provision of this Ordinance or the application thereof to any person or circumstance is declared to be invalid, such invalidity shall not affect the other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the pr~visions of this Ordinance are declared to be severable. 11. This Ordinance shall become effective on and after October 20, 1975. Upon vote, the above Ordinance was unanimously adopted. PUBLIC HEARING Notice had been published in the Wilmington Morning Star that a Public Hearing would be held by the Board of Commissioners of New Hanover County on October 20, 1975, at 11:30 o'clock a. m. to consider the following matters: Chm. Davis opened the Public Hearing to discussion r\ J REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MASONBORO LOOP ROAD AND GREENVILLE LOOP ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9B. Planning Director, Richard Fender, appeared before the Board and reported that the Planning Staff had recommended denial of this rezoning request, but that the Plan- ning Commission, at its October 1, 1975, meeting, had recommended approval. Chm. Davis asked if there was anyone present to speak for or against this rezoning request. Mr. Julian Taylor, Realtor, appeared before the Board to represent the Owner of the property in requesting the Commissioners to grant this rezoning request. Mr. Taylor stated that this property was presently being used as commercial property, and that the rezoning would liingthe use in compliance with the zoning. He staEed that to deny the rezoning would be to deny the owner of her rights. Comm. Taylor moved, seconded by Comm. O'Shields, that the rezoning request be denied. Upon vote, motion was defeated as follows: Voting Aye: Corom. O'Shields and Taylor Voting Noe: Comm. Alper, Wright and Chm. DAvis Comm. Wright moved, seconded by Chm. Davis, that the rezoning request be approved. Upon vote, motion carried as follows: i r-\ Voting Aye: Corom. Alper, Wright and Chm. Davis / ' Voting Noe: Comm. O'Shields and Taylor Chm. Davis stated that he was supporting the rezoning simply because it was an existing business and in order for the owners to retain what they already had, it needed to be rezoned B-1. A copy of the ordinance, as adopted and signed, is contained in Zoning Ordinance Book 1, Section 9B, Page 23. \ ~ ~ 287 MINUTES OF REGULAR MEETING, OCTC>BER 20, 1975 (CONTINUED) REZONING PROPERTY LOCATED ON THE EAST SIDE OF NC HIQIWAY 132 BETWEEN KINGS DRIVE AND KINGS GRANT ROAD FROM R-15 (RESIDENTIAL DISTRICT) TO R-lO (RESIDENTIAL DISTRICT) IN ZONING AREA #9A. Planning Director, Richard A. Fender, appeared before the Board and stated that the Planning Commission had considered this request at its meeting on October 1, 1975, and that both the Planning Commission and the Planning Staff had recommended that this rezoning request be granted. . Chm. Davis asked if there was anyone present to speak for or against this matter. Mr. Jack Stocks, surveyor, appeared before the Board to request that this re- zoning request be granted. Comm. Alper moved, seconded by Comm. Taylor, to concur with the Planning Commission and Planning Staff in approving this request to rezone the property on NC Highway 132 between Kings Drive and Kings Grant Road from R-15 to R-IO. Upon vote, motion carried unanimously. Book tc~g~t~~nt~A,opg~ga~~:, as adopted and signed, is contained in Zoning Ordinance APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT 7220 WRIGHTSVILLE AVENUE FOR THE SALE AND STORAGE OF BOATS IN ZONING AREA #2 Planning Director, Richard Fender, appeared before the Board and stated that the Planning Commission had considered this application at its meeting of October 1, 1975, and that the Planning Commission and Planning Staff recommended that it be approved in accordance with the plans submitted with the application and the condition that all outside storage of boats be set back at least 10 feet from Wrightsville Avenue. Chm. Davis asked if there was anyone present to speak for or against this application. Mr. Karl Sutter appeared before the Board to request that this Special Use Permit be approved. After the Commission had considered the following four items and found them to .be fact, (a) that the use would not materially endansrer the public health or safety if . located where proposed and developed according to the plan as submitted and approved; , (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoininsr or abutting property or the use was a public necessity;and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. O'Shields noved, seconded by Comm. Alper, that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted with the application for Special Use Permit; and 2. That all outside storage of boats be set back at least 10 feet from Wrightsville Avenue. Upon vote ",motion carried unanimously. APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY A~ l45 CHARTER DRIVE FOR A FAMILY DAY CARE HOME IN ZONING AREA #9B. ' Planning Director, Richard Fender, appeared before the Board and stated that the Planning Commission had considered this application at its meeting of October l, 1975, and that both the Planning Commission and Planning Staff recommended approval of this Special Use Permit in accordance with the plans submitted with the application and the condition that the Family Day Care Home contain no more than 5 children. . .Chm: Davis asked if there was anyone present to speak for or against this appl1cat1on.' , Mrs. Willie Mae Walker appeared before the Board to request that this Special Use Permit be approved. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property ~ ---- / ~~ti I I MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED) APPLICATION FOR SPECIAL USE PERMIT (CONTINUED) or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and'approved, would be in har- mony with the area in which it was to be located and in qeneral conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. Alper, to concur with the Planning Commission and Planning Staff that this Special Use Permit be issued based on the following conditions: 1. Plan as submitted with the application for Special Use Permit; and ty 2. That the Family Day Care Home contain no more than 5 children. Upon vote, motion carried unanimously. APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY AT 30~i WALLING'IDN ROAD FOR A FAMILY DAY CARE HOME IN ZONING AREA #9B Planning Director, Richard Fender, appeared before 1:he Board and stated that the Planning Commission had considered this application at i1:s meeting of October 1, 1975, and that both the Planning Commission and Planning Staff recommended approval of this Special Use Permit in accordance with the Plans subnlitted with the application and the condition that the Family Day Care Home contain no more than 5 children. Chm. Davis asked if there was anyone present to spe~~ for or against this application. Mrs. Claudia Morris appeared before the Board to request approval of this Special Use Permit. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutti.ng property or the use was a public necessity; and (d) that the location and charact:er of the use, if developed according to the plan as submitted and approved, would bE! in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. Alper, to concur with the Planning Commission and Planning Staff that this Special Use Permit be issued based on the following conditions: f\ / 1. Plan as submitted with the application for Special Use Permit; and 2. That the Family Day Care Home contain no more than five (5) children Upon vote, motion carried unanimously. APPLICATION FOR SPECIAL USE PERMIT 'ID USE PROPERTY ON THE: WEST SIDE OF U. S. HIGHWAY 42l (CAROLINA BEACH ROAD) APPROXIMATELY 800 FEET SOUTH OF' S. R. 1187 FOR STORAGE FACILITIES IN ZONING AREA #4. Planning Director, Richard Fender, appeared before the Board and stated that the Planning Commission had considered this application at its meeting of October l, 1975, and that both the Planning Commission and Planning Staff recommended approval of this Special Use Permit in accordance with the plans submitted with the application. Chm. Davis asked if there was anyone present to speak for or against this application, and no one appeared before the Board in this regard. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plans as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Alper moved, seconded by Comm. O'Shields, to concur with the Planning Commission and Planning Staff that this Special Use Permit be issued based on the plan as submitted with the application. Upon vote, motion carried unanimously. r-\ J \ ~ ~ 289 MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED) APPROVAL OF PROPOSED AMENDMENTS TO COUNTY ZONING ORDINANCE Planning Director, Richard Fender, appeared before the Board to request approval of proposed amendments to the County Zoning Ordinance,. Chm. Davis asked if there was anyone present to speak for or against the proposed amendments and no one appeared before the Board in this regard. Corom. Alper moved, seconded by Corom. Taylor, that the following Amendments to I.the County Zoning Ordinance be adopted: Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended as follows: 1. Amend Article V, Section 51-2 by adding the following: (13) Temporary residential sales office to 3erve the subdivision or other residential development in which it is located and any adjoining subdivisions or residential developments by the same developer or affiliate, provided the sales office shall be terminated upon com- pletion of the sale of ninety-five (95) per cent of the houses andl or lots in the affected development. 2. Amend Article V, Section 52-2 by adding the following: (13) Temporary residential sales office to serve the subdivision or other residential development in which it is located and any adjoining subdivisions or residential developments by the same developer or affiliate, provided the sales office shall be terminated upon com- pletion of the sale of ninety-five (95,) per cent of the houses andl or lots in the affected development. 3. Amend Article V, Section 53-2 by adding the, following: :.'. (13) Temporary residential sales office to serve the subdivision or other residential development in which it h: located and any adjoining subdivisions or residential developmehts by the same developer or affiliate, provided the sales office ~;hall be terminated upon com- pletion of the sale of ninety-five (9~i) per cent of the houses andl or lots in the affected development. Section 2. Any o~dinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of thl~ County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 20th day of October, 1975. Upon vote, the Amendments to the Zoning Ordinance w'~re unanimously adopted. APPROVAL OF PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE Planning Director, Richard Fender, appeared before the Board to request a proposed Amendment to Article VII, Section 71-1 (5) of the C:lunty Zoning Ordinance. Chm. Davis asked if there was anyone present t:l speak for or against this proposed amendment and no one appeared before the Board in this regard. . Comm. Wright moved, seconded by Comm. O'Shields, that the following Amendment to the County Zoning Ordinance be adopted. Section 1. That t~he Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended, be, and the same is hereby further amended as follows: 1. Amend Article VII, Section 71-1 (5) by adding the following: (5) A Special Use Permit, issued by the Beard of County Commissioners, shall become null and void if construction or occupancy of the proposed use as specified on the Special Use Permit is not commenced within six (6) months of the date of issuance. An extension of time for a Special Use --,---~ ,/ ,'290 MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED? APPROVAL OF AMENDMENT TO COUNTY ZONING ORDINANCE (CONTINUED) Permit, not to exceed a period of six (6) m?nths, may be granted by the Planning Commission upon review, provided application for such extension is submitted in writing prior to expiration~ Section 2. Any Ordinance or any part of any ordinance in conflict with this Ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in the interest of public health, safety, morals and general welfare of th(~ inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. :j( ..~..oI' Adopted this 20th day of October, 1975. Upon vote, the above amendment to the County Zoning Ordinance was unanimously adopted. APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION TO REZONE PROPERTY LOCATED ON THE EAST SIDE OF N. C. HIGHWAY 132 JUST SOUTH OF NORTH CRESTWOOD DRIVE FROM R-15 (RESI- DENTIAL DISTRICT) TO R-lO (RESIDENTIAL DISTRICT) IN ZONING AREA #9A. Planning Director, Richard Fender, appeared before the Board and stated that the Planning Staff had recommended approval of this rezoning request, but that the Plan- ning Commission, at its October 1, 1975, meeting had voted to recommend denial of said rezoning request. Chm. Davis asked if there was anyone present to speak for or against this rezoning r~quest. Mr. Robert Calder, Attorney for the petitioners, Mr. & Mrs. W. H. Grathwol of G & F Construction Company, Mr. Jack Stocks, Surveyor, and Mr. Joe Reaves appeared before the Board to request approval of this rezoning request. Mr. & Mrs. Terry Brown, Mr. & Mrs. Steve Aiken and Mr. W. G. Moore, residents of Crestwood Subdivision, appeared before the Board to request denial of this rezoning request, and presented to the Commissioners a Petitionisigned by residents of Crestwood Subdivision requesting denial of said rezoning. I)',! , , < Comm. O'Shields moved to approve the request to re?,one the area to R-IO. Motion died for lack of a second. Comm. Taylor moved, seconded by Comm. Wright, to deny the request to rezone the area to R-lO. After more discussion, ChIn. Davis offered a substit-,ute motion, seconded by Comm. Alper, to table this rezontng request for two weeks to give the Commissioners a chance to inspect the property in question, and requested that it be the first of the zoning cases to be heard at that time. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright and Chm. Davis voting Noe: Comm. Taylor LUNCH RECESS chIn. Davis recessed the meeting for lunch from 2:20 o'clock p. m. to 3:00 o'clock p. m. APPROVAL OF BUDGET AMENDMENT - CLERK OF SUPERIOR COURT Comm. Wright moved, seconded by Comm. Alper, to approve amendment of the budget for the Clerk of Superior Court as recommended by the Coun1:y Manager by increasing Revenue Acct. #17 350 00 by $1,742 and by increasing Expenditure Acct. #17 516 74, Capital Outlay - Equipment, by $1,742 in order to purchase add:,_ tional furniture for the Juvenile Courtroom and Juvenile Court Clerk's Office and for Probate Court. Upon vote, motion carried as follows: r--\ ,1... Voting Aye: Corom. Alper, Wright and ChIn. Davis Temporarily Absent: Camm. O'Shields and Taylor ~. --..- -~.."~-~""-___T__-:.'_'_."_ _..._..___......._.., , ' ' '. '. . :~': ........ 291 1>' MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED) APPROVAL OF BUDGET TRANSFER - SO~IAL SERVICES County Manager Eller stated: that when the Commissioners approved the appropriation to payoff the remaining lease payments on some word processing equipment for the Department of Social Services, the amount estimated did not take into consideration a provision of the Lease Agreement which required a 10% purchase option. In order to provide sufficient funds to purchase the equipment, the County Manager recom- mended that the sum of $350 be transferred from Salaries and Wages, Acct. #ll 610 02 to Capital Outlay - Equipment, Acct. #ll 610 74. Comm. Alper moved, seconded by Chm. Davis, that the budget transfer for the Social Services Department be approved as recommended by the County.Manager. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, Wright and Chm. Davis Temporarily Absent: Comm. O'Shields and Taylor AWARD OF CALCULATOR BIDS - SOCIAL SERVICES The following bids were received on October 3 for two calculators for the Department of Social Services: Vendor Carolina CAL-AD Burroughs Electronic Calculators Monroe Model ,- Rockwell PR-920-2 C-7203 Canon SX-310 Monroe 1810-22 Cost (2 machines) $ 2,983.20 3,196.60 6,940.00 4,554.00 According to Miss Hall and based upon review by the County Manager and Finance Officer, the Canon SX :310 was the only machine which would provide a printout that would not require transposing information from the calculator tape to a worksheet, and would, therefore, eliminate the need for 2 eli9ibility specialists which had been requested. ChID. Davis moved, seconded by Comm. Alper, that upon recommendation by the County Manager, the bid be awarded to Electronic Calculators for the Canon SX-310 in the amount of $6,940. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, Wright and Chm. Davis Temporaril:., Absent: Comm. O'Shields and Taylor APPROVAL OF TAX COLLECTOR~ S REPORT THROUGH SEPTEMBER 30, 1975 Chm. Davis moved, seconded by Comm. Alper, that the Tax Collector's Report through , September 30, 1975, be accepted. Upon vote, motion carried unanimously. Copy of this report is contained in Exhibit Book III, Page 36. APPROVAL OF TAX DEPARTMENT ABATEMENTS AND REFUNDS ChID. Davis moved, seconded by Comm. 0' Shields" to approve the list of Abatements and Refunds for the Tax Department. Upon vote, m01:ion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor and ChID. Davis Voting Noe: Comm. Wright Comm. Wright stated for the record that this list of Abatements and Refunds was handed to the Commissioners at the Board of Equali:~ation & Review Meeting on Thursday nisrht, with a Ii ttle nate at the bottom that if thl~re were any questions to please come by the office, that due to the short length of time, there was no time to check out the information and she was voting "noe" becaui3e st,e did not trust any of the information furnished by thE! Tax Department. A copy of the list of Abatements and Refunds :Ls contained in Exhibit Book III, Page 37. APPROVAL OF REQUEST FOR REFUND TO A. LEON CAPEL & ~30NS County Attorney Fox reported that A. Leon Cap<:d & Sons, Inc. had requested a refund of taxes paid from 1970 through 1974 in accordance with General Statute 105-275. Mr. Fox advised that the company would h~ entitled to the refund for 1972 through 1974 if an affidavit setting forth the basis of the claim was filed with the Tax Office. The affidavit was filed with the Tax :Jepartment and the Commissioners were requested to approve the request for refund. "._~ ( !,~92 MINUTES OF REGULAR MEETING, OCTOBER 20, 1975 (CONTINUED) APPROVAL OF REQUEST FOR REFUND TO A. LEON CAPEL & SONS (CONTINUED) Corom. Alper moved, seconded by Corom. O'Shields, that the request for refund be approved and that $5,535.47 be transferred from Continge~cies, Acct. #11 445 61, to Tax Refunds, Acct. #11 450 60 to cover the refund. Upon vote, motion carried unanimously. APPROVAL OF OUTSIDE HELP ON SETTLING COMMERCIAL TAX PROBLEMS Chm. Davis reported that it had been discussed at a meeting of the Board .of Equalization & Review to hire professional appraisers to assist in settling tax valuation questions on Commercial properties. He stated that Mr. Robert Cantwell and Mr. Dick Sniffen had agreed to handle the regular conmercial property for $25.00 a parcel if it was settled in the tax office, and if it came to the Board of E & R, the charge would be $40.00 per parcel. ~) ChIn. Davis moved, seconded by Corom. Alper, to authorize the Tax Administrator to enter into an Agreement with Mr. Sniffen and Mr. Cantwel+ as outlined above and with the understanding that a written summary of each parcel ~ill be furnished the Board. Upon vote, motion carried unanimously. (See Page 294 f01' Addition) (See Minute Book 1?, Page 209 for amendment) APPROVAL OF BUDGET TRANSFER - TAX DEPARTMENT Corom. Wright moved, seconded by Corom. Alper, to approve the transfer of $280 from Acct. #11 450 33, Supplies and Materials, to Acct. #11 4~;0 74, Capital Outlay - Equipment, in the Tax Department Budget for the purchase of a dictaphone machine. Upon vote, motion carried unanimously. EXECUTIVE SESSION Corom. Alper moved, seconded by Comm. Wright, that thE~ meeting be recessed to Executive Session. Upon vote, motion carried unanimously. ChIn. Davis recessed the meeting to Executive Session at 3:25 o'clock p. m. Chm. Davis reconvened the meeting to Public Session at 3:35 o'clock p. m. i f\ ) ,_,of DISCUSSION CONCERNING NAMING OF THE MENTAL HEALTH CENTER County Manager Eller stated that Dr. Walden of the M!~ntal Health Center had re- quested that the Commissioners take some action on the naming of the Mental Health Center. It had previously b3en suggested that the center be named in honor of former Commissioner,J. M. Hall, Jr. After discussion on the matter, it was the concensus of the members of the Board that they would like more time to think about this mattef and discuss it again at a later meeting. ADJOURNMENT Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, motion carried unanimously. ChIn. Davis adjourned the meeting at 3:35 o'clock p. m. Respect:Eully submitted, ~~~,6, ~-/' (Mrs.) i\lyce B. Brown Clerk to the Board ab \ j f\ ./ ~.