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1975-12-01 Regular Meeting ..---- ( 11 /7 MINUTES OF SPECIAL MEETING, NOVEMBER 24, 1975 (CONTINUED) APPROVAL OF TAX ABATEMENTS AND REFUNDS (CONTINUED) Chm. Davis asked Comm. Wright for the name of the person who was abated more than the amount on the list, and she stated that she would rather not give the name because it gets into a legal matter that may come up later. A list of the Tax Abatements and Refunds can be found in Exhibit Book III, Page 45. APPROVAL OF ENCROACHMENT AGREEMENT WITH STATE HIGHWAY FOR SEWER LINE County Manager Eller presented to the Board, for their approval, an Encroachment Agreement with the State Highway to allow the County to put the sewer line for the Laney and Trask Schools in their right-of-way. I). Comm. O'Shields moved, seconded by Comm. Alper, approval of the Encroachment Agree- ment and authorization for Chairman to sign. Upon vote, motion carried unanimously. A copy of this Agreement is on file in the County Manager's Office. DECEMBER MEETINGS OF THE BOARD OF COMMISSIONERS County Manager Eller stated that the Planning Department needed to know'what dates in December the Board would meet in order to arrange for hearings to be advertised so that action could be taken by the end of the year. After some discussion, it was decided that the Board would have its regular meetings on the 1st and 15th of December and a special meeting on December 8. EXECUTIVE SESSION Comm. O'Shields moved, seconded by Comm. Alper, that the meeting be recessed to Executi ve Session. Upon vote, motion carried unanimousl:{. Chm. Davis recessed the meeting to Executive Sessio? at 12:45 o'clock p. m. Chm. Davis reconvened the meeting to Public Session at 1:05 o'clock p. m. ADJOURNMENT Comm. Taylor moved, seconded by Comm. Alper, that the meeting be adjourned. Upon vote, motion carried unanimously. I); 1____- Chm. Davis adjourned the meeting at 1:05 o'clock p. m. Respectfully submitted, ~-,6, A~ (Mrs.) Alyce B. Brown Clerk to thf~ Board ab MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 1975, at 11:15 o'clock a. m. in the Assembly Room, County Commission Building, Wilmington, North Carolina. (The meeting was scheduled 1:0 begin at 11:00 o'clock a. m. but was delayed due to the length of the meeting of the Hoard of Equalization and Review.) 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, Alyce B. Brown. No members were absent. ~: j; '--. Chm. Davis called the meeting to order. Comm. George E. Alper offered the invocation. APPROVAL OF MINUTES: SPECIAL MEETING, NOVEMBER 10, 1975 Comm. Wright stated that on Page 4, under Discussior. of piedmont Airlines Contract, she felt the word "directed" should not be used as the Chairman could not direct the County Manager without formal action by the Board, but he could request him to do things. She suggested that it be worded differently in this case and in the future. Upon motion by Comm. Wright, seconded by Comm. Alpel', the minutes of the Special Meeting of November 10, 1975, were unanimously approved as corrected. ~ ;. . . " li , ~ 1 I ;] "1~ MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, NOVEMBER 17, 1975 County Manager Eller stated that on Page 8, u~der Award of Contract for Construction of Sewer Line to Serve Trask and Laney Schools, th= minutes stated what had been recom- mended and approved but it was not complete. ~ County Attorney Fox stated that he thought it would be necessary to rescind the motion passed at the November 17, meeting and a ne'N motion should be acted on. Comm. O'Shields moved, seconded by Comm. Taylor that the motion awarding the Contract on November 17, be rescinded and that the Contract be approved, in accordance with Mr. Benson's recommendation in his letter of October 21, 1975, for the construction of the sewer line to serve Trask and Laney Schools and that the additional funds needed be transferred by the following budget amendment: 1. Increase the appropriated fund balance in the Public School Capital Reserve Fund by the sum of $19,610. 2. Increase the expenditure item in the Public School Capital Reserve Fund, Transfer to Water and Sewer, Acct. jt74 575 61, by the sum of $19,610. 3. Authorize transferring:the total of $103,~!3l from Public School Capital Reserve to the Sewer Fund. 4. Increase the Revenue Item in the Water and Sewer Fund, Transfer from Public school Capital Reserve, Acct. #64 397 7, by the sum of $19,610. 5. Increase the expenditure appropriation, Capital Outlay - Other Improvements in the Water and Sewer Fund, Acct. #64 57:; 73, by the sum of $19,610. Upon vote, motion carried unanimously. Comm. Wright moved, seconded by Comm. Alper, that the minutes of the Regular Meeting of November 17, 1975, be approved as corrected. Upon vote, motion carried unanimously. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN Chm. Davis stated that the Board is required to reorganize annually and it was necessary to elect a Chairman and Vice-Chairman. Comm. Alper nominated Peter Davis as Chairman and Claud O'Shields, Jr. as Vice- Chairman for the ensuing year. Chm. Davis called for further nominations and there were none. Comm. Alper moved, seconded by Comm. O'Shields, that nominations be closed. Upon vote, the motion carried as follows: Voting Aye: Comm.Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright Peter Davis was elected Chairman by the following vJte: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright Claud O'Shields, Jr. was elected Vice-Chairman by the following vote: Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis Voting Noe: Comm. Wright APPROVAL OF AIRPORT LEASE AGREEMENTS Mr. John Westbrook, Airport Manager, appeared before the Board to present two Leases, one for Airport Coffee Shop and one for Airport Catering. He stated that they had been properly advertised and there was no opposition. ~ /;6 I MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CONTINUED) APPROVAL OF AIRPORT LEASE AGREEMENTS (CONTINUED) The County Attorney reported that he had reviewed the Leases and found them to be in order. Comm. Alper moved, seconded by Comm. O'Shields, approval of both Leases. Upon vote, motion carried unanimously. Copies of these Leases can be found in the Contract file in the County Manager's Office. DAILY DEPOSITS OF CASH The County Manager reported that, as a result of the outside audit, they had found that some departments were not making deposits on a daily basis due to the small amounts involved. He recommended that the Health Departm'~nt and Airport be allowed to accumulate up to $250 before making deposits, in accordance with GS 159-32. ~ Comm. Taylor moved, seconded by Comm. Alper, to go along with the recommendation of the County Manager in accordance with GS 159-32. Upon vote, motion carried unanimously. TRANSFER OF FUNDS - OUTSIDE AUDIT The County Manager reported that the cost of the annual audit of the County's financial records exceeded the amount budgeted ($11,000) by the sum of $3,330. He also stated that the invoice had been submitted to the Local Government Commission and approved by them. He recommended that $3,330 be transferred from Contingencies, Acct. #11 445 61, to Professional Services in the Governing Body Budget, Acct. #11 410 04. Comm. O'Shields moved, seconded by Comm. Wright, that the transfer be approved as recommended by the County Manager. Upon vote, the motion carried unanimously. PUBLIC HEARING Notice had been published in the Star-News Newspapers on November 15 and November 22, 1975, that a Public Hearing would be held at 11:30 o'clock a. m. in the County Commission Building, Wilmington, North Carolina to consider the fol~owing: REQUEST TO REZONE PROPERTY LOCATED AT 5022 WRIGHTSVILLE I.VENUE FROM R-15 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE AND INSTITUTIONAL DISTRICT) IN ZONING AREA #9B. Planning Director, Richard Fender, appeared before t:he Board and reported that the Planning Commission had considered this rezoning request at their meeting on November 5, 1975, and the Planning commission and Planning Staff recommended that the rezoning re- quest be approved. \ r;1 Chm. Davis asked if there was anyone present to spe,~ for or against this matter. Mrs. Elizabeth Bland appeared before the Board to request that the property be rezoned as requested. Chm. Davis moved, seconded by Comm. Alper, to concur:- with the Planning Commission and Planning Department in approving the rezoning reques,t. Upon vote, motion carried unanimously. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9B, Page 24. APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF U. S. HIGHWAY 17 BETWEEN S. R. 1345 and S. R. 1402 FOR A MICROWAVE TOWER IN ZONING AREA #5. Planning Director, Richard Fender, reported to the Board that the Planning Commission had considered this application at its meeting on November 5, 1975, and the Planning Commission and Planning Staff recommend that the Special Use Permit be issued in accordance with the plans submitted with the application. He also stated that it had already received FAA approval. ~I F Chm. Davis asked if there was anyone present to speak for or against this matter., Attorney Dumay Gorham. appeared before the Board and stated that a power company representative was present to answer any questions the Commissionersmight have on the matter. \ ',,--- . . . >,~, . ~ ~. ; l1 ~,\,; MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CONTINUED) APPLICATION FOR SPECIAL USE PERMIT (CONTINUED) 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 ap- proved; (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 plan as submitted and approved, would be in har- mony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, CJmm. Alper moved, seconded by Comm. Wright, to concur with the Planning Commission and Planning Staff in issuing this Special Use Permit in accordance with the Plans a3 submitted with the application. Upon vote, motion carried unanimously. APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY APPROXIMATELY 2,600 FEET EAST OF U. S. HIGHWAY 421 ANI?, 500 FEET SOUTH OF MASONBORO LOOP ROAD FOR A CABLE TV RECEIVING TOWER IN ZONING AREA #4. Planning Director, Richard Fender, appeared before the Board and reported that this Special Use Permit was necessary to make the existing tower higher and had already received FAA approval. He stated that th(~ Planning Commission had considered this application at its meeting of November 5, 19"75, and the Planning Commission and Planning Staff recommended that the Special Use P8rmit be issued in accordance with the plans submitted with the application. Chm. Davis asked if there was anyone present to speak for or against this matter and no one appeared 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 condit.ions 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 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. Alper moved, seconded by Comm. O'Shields, to concur with the Planning Commission and Planning Staff in issuing this Special Use Permit in accordance with the plans as submitted with the application. Upon vote, motion carried unanimously. APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STOKLEY ROAD AND WRIGHTSVILLE AVENUE FROM R-l5 (RESIDENTIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #2. Planning Director, Richard Fender, reported t~ the Board that the Planning Commission had considered this rezoning request at its meeting in September and the request was denied but not appealed; however, the plan was submitted for rezoning again on November 5, 1975, with some revisions which constituted a new request. The Planning Commission and Planning Staff recommended denial of the rezoning r:-equest because of the existing residential uses in that area and because of the potential additional traffic hazard that would be g0.nerated. Chm. Davis asked if there was anyone present 'to speak for or against this matter. Attorney James B. Swails appeared before the Board on behalf of the Petitioner to request that the rezoning be approved. He stated that the property was presently being used for commercial purposes and had never been used for residential purposes. He stated that when Soundcrest .Subdivision was established, there were no subdivision restrictions placed on any of the lots until the County Zoning Ordinance was established; and that the requested rezoning would make the preBent use of the property legal and is the most logical use for the land. Mrs. Ann Baker, Mrs. Charlean Nelson, Mr. Carl Saunders and Mr. Earl Baker appeared before the Board in opposition to the rezoning request and presented a petition signed by approximately 90% of the residents of the area protesting the rezoning. They reported that the present use was illegal and the tenant had been ordered by the Building Inspector to vacate the property. They were also concerned about the additional traf- fic hazard in the area and felt that there was no r.,eed for additional commercial zoning in the area. A copy of the petition is contained in Exhibit Book III, Page 46. ~ (~s /15' MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CONTINUED) APPEAL FROM RECOMMENDATION OF PLANNING COMMISSION (CONTIltUED) Comm. Alper moved, seconded by Comm. Wright, to acc(~pt the recommendation of the Planning commission and Planning Staff and deny this app~ication for rezoning. Comm. 0' Shields offered a substitute motion, secondE~d by Comm. Taylor, that the request be approved to rezone the property to B-1 becaus~ that is the highest and best use of the property. Upon vote, the substitute motion was defeated as follows: ~ ! ~J Voting Aye: Comm. O'Shields and Taylor Voting Noe: Comm. Alper, Wright and Chm. Davis Upon vote, the original motion carried as follows: Voting Aye: Comm. Alper, Wright and Chm. Davis Voting Noe: Comm. O'Shields and Taylor Chm. Davis closed the Public Hearing to Discussion. APPROVAL OF MEMORANDUM OF AGREEMENT FOR CHILD SUPPORT ENFORCEMENT PROGRAM The County Manager presented to the Commissioners a Memorandum of Understanding prepared by the North Carolina Department of Human ReSOUI'ces for the Title IV-D Child Support Enforcement Program to be executed by the Board ~f Commissioners, the local Department of Social Services and the Sheriff's Department. The Agreement outlines what each of those three agencies agreed to do in the enforcement of the Program. Comm. O'Shields moved, seconded by Comm. Alper, that the Memorandum of Under- standing be approved and executed by the Chairman. Upon vote, motion carried unanimously. TABLING OF CONTRACT FOR OUTSIDE AUDIT - FISCAL YEAR 75/76. The North Carolina Local Government Commission had recommended taat local governments retain outside auditors as early as possible so that the aUditorscOJl better plan their, work and be available for consultation prior to the audit with assurance that they would .~ be the ones performing the work. The Finance Officer and County Manager had recommended ) that the Commissioners retain Cherry, Bekaert and Holland, CPA's, to perform the audi t _.~..J for the fiscal year ending June 30, 1976. Comm. Taylor questioned why other CPA firms in the CJunty had not been asked to bid on the work. After further discussion on the County Manager should write a letter of them would be interested in doing response he received. matter, it to all the the work. was agreej by common consent that the CPA firms in the County to see if any He was to report back to the Board on the APPROVAL OF SUPPLEMENTARY AUDIT CONTRACT - TAX OFFICE County Manager Eller reported that, at the request of the Commissioners, Beale and Hardison, CPA's, were to perform additional services in t;1eir audit of the Tax Office . for the fiscal year ended June 30, 1975. Mr. Beale had e;3timated the additional work would cost approximately $3,000; and the Commissioners we.r:-e requested to approve a Supplementary Audit Contract and to transfer $3,000 from contingencies, Acct. #11 445 61, to Professional Services in the Tax Department Budget, Acqt. #11 450 04. Comm. Wright stated that she felt there needed to be an additional item included in the list and that was to check back from what was shown p:~esently and trace back the changes made by the Board of Equalization and Review to what was originally shown be- cause there had been some that had been unexplained and the original computer list of January when the abstracts went out had been thrown away. She felt that all of the changes needed to be verified even though it would add to the cost. ~ / Chm. Davis moved, seconded by Comm. Alper, that the ~;upplementary Contract with Beale and Hardison, CPA's, for the extra work they had been requested to do be approved. Upon vote, the motion carried unanimously. It was agreed by Common Consent that the County r.1anasrer would request information on the additional cost that would be involved in doing the e>:tra work that Comm. Wright had referred to. Comm. Wright stated that she was voting "aye" on the Supplementary Contract on the condition that the Auditors be asked about verifying the changes as she had requested. \ ~ " <~~: ~ .., lV ':r' MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CON'IINUED) APPROVAL OF RESOLUTION REQUESTING ADDITION TO STATE SYSTEM OF ROADS The Division of Highways and the County Engineer had advised that Elder Drive and Springdale Drive in Brookfield pubdivision met the requirements for addition to the State System of Roads. Upon motion by Comm. Taylo~, seconded by Comm. Alper, the following Resolution requesting the addition of Elder Drive and Springd~le Drive in Brookfield Subdivision to the State System of Roads was adopted: . REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above de- scribed roads the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioner~: is of the opl.nl.on that the above described roads should be added to the Secondary Road System, if the roads meet minimum standards and criteria established by the State Highway Commission for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of New Hanover that the State Highway Commission is hereby requested to review the above described roads, and to take over the roads for maintenance if they meet established standards and criteria. EXECUTIVE SESSION Comm. O'Shields moved, seconded by Comm. Alper, that the meeting be recessed to Executive Session to consider committee appointments. Upon vote, motion carried unanimously. Chro. Davis recessed the meeting to Executive Session at 12:50 o'clock p. m. . Chm. Davis reconvened the meeting to Public Se!,sion at 1: 05 0' clock p. m. , DISCUSSION ON AMBULANCE SERVICES Comm. Taylor stated that he was not satisfied \lith one of the ambulance services in the County and requested that, since Care Ambulilllce Service of Southport, had re- cently inquired about a franchise to operate in New Hanover County they be asked to reconsider coming into the County. Chm. Davis moved, seconded by Comm. O'Shields, that Comm. Taylor and Comm. Wright be appointed a committee to look into the ambulance situation and bring information to the second meeting in January. Upon vote, motion carried unanimously. BUDGETING OF STATE GRANT FOR MENTAL HEALTH CENTER FURNITURE The County Manager reported that the furniture for the Mental Health Center would be paid for by a State grant and the budget would have to be amended as follows to account for the funds: Appropriate $9,861 as State Grant in the Mental Health Budget under Revenue, Acct. #47 349 01, and appropriate the :::;ame amount under Capital Outlay - Equipment, Acct. #47 590 74. Comm. O'Shields moved, seconded by Comm. Wright. that the budget be amended as recommended by the County Manager. Upon vote, motion carried unanimously. ,.DISCUSSION OF TITLE XX CONTRACTS The County Manager announced to the Board that he had received three of the Title XX Contracts and that there would be nine more comin<J, and it was his understanding that they would have to be approved at the next meeting. Due to the number of pages involved in each application, he asked if it was neCE,ssary to send a copy to each member of the Board, or would it suffice to keep a ccpy of each contract in the office for review by each Commissioner. Comm. O'Shields moved, seconded by Comm. Wright, that the County Manager just keep the copy for review by the Commissioners. Upon vote, motion carried unanimously. A1IllI1 (;0 ~. ..1, ........' MINUTES OF REGULAR MEETING, DECEMBER 1, 1975 (CONTINUED) DISCUSSION ON TAXES OF STAMATIS AND ELIZABETH KOUTSOUFL1~IS The County Manager had sent copies to the Commissioners of a letter he had re- ceived from Larry Powell, Tax Administrator, stating that he had received a request from Mrs.Roubini Omirly that she be allowed to appear bE,fore the County Commissioners to discuss the taxes of Stamatis and Elizabeth Koutsouflakis. It was agreed by common consent that there was no c,ction the Board could take to offer relief based entirely upon one's ability to pax; therefore, Mrs. Omirly's appearance before the Board would serve no purpose. /) COMMITTEE APPOINTMENTS Chm. Davis moved, seconded by Comm. Alper, appointment of the following persons to serve on the Plumbing Board of Examiners and the Zoning Board of Adjustment, subject to their acceptance: Mr. Mr. Mr. Mr. L. O. Goodyear, Master Plumber H. G. Herring, Master Plumber Melvin Powell, Journeyman Plumber Ezra Hester, 3yr. term to expire 11/15/78 Plurr~ing Board of Examiners Plurrping Board of Examiners Plurrbing Board of Examiners - Zoning Board of Adjustment Upon vote, motion carried unanimously. REQUEST FOR TAX REVIEW FROM HR. ROBERT DUKE Mr. Robert Duke appeared before the Board to request assistance in getting valuation of property reduced. He stated that he had talked to representatives from both the Tax Department and Cole-Layer-Trumble and had not received an answer from either of them. He stated that he was not aware of the adjournment date of June 30, 1975, for the Board of Equalization and Review; there~ore, he did not file ~ request for a hearing before them prior to that date. Comm. Wright stated that she had talked to Mr. Duke earlier in the year and had told him at that time there was no hurry about filing for a hearing before the Board of E & R because there was plenty of time. She also said that Mr. Powell had made a statement sometime in January or February which led her to believe that anyone who filed his abstract and signed it under protest would be ~onsidered as having appealed. She could not get the exact statement from the tape of that meeting, as it was not clear, so she had asked Mr. Powell to repeat it at a later meeting and he stated it differently saying that what he had said was that people who filed a~ abstract under protest would be scheduled for a hearing with CLT. t), The County Attorney stated that unless the appeal w,3.s filed before June 30, 1975, the formal adjournment date, it could not be heard by thO! Board of E & R, but he could file for an appeal next year. No action was taken by the Board on this matter. ADJOURNMENT Comm. Alper moved, seconded by Comm. O'Shields, tha': the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Davis adjourned the meeting at 1:35 o'clock p. m. Respectfully submitted, ~.~- ~. ~~<-- (Mrs.) Alyce B. Brown Clerk to the Board ab n ); \ , -'-...."