1976-01-19 Regular Meeting
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MINUTES OF REGULAR MEETING, JANUARY 5, 1976 (CONTINUED)
APPROVAL TO REQUEST JOINT MEETING WITH CITY COUNCIL TO DISCUSS COUNTY ASSUMPTION OF
CERTAIN CITY/COUNTY FUNCTIONS
Chm. Davis reported to the Board that he had received a letter from Mayor
Halterman listing committee members he had appointed to work with the Commissioners
on the County's assumption of certain City/County functions.
Corom. Wright moved that Chm. Davis write and tell them that it appeared that
they had misunderstood the proposal and it would be brought up later at an appropriate
time. The motion died for lack of a second.
Chm. Davis stated that his intention was to have a joint meeting with City Council
to discuss the proposal to see if all parties would be inj:erested in looking into the
matter, and requested permission to write the Mayor and sllggest that the two bodies meet
to discuss the proposal prior to committee appointments.
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Comm. O'Shields moved, seconded by Comm. Alper, that the Chairman write a letter
to the Mayor and city Council setting up a meeting to dis~;uss the proposal between the
two elected Boards to get the feelings and opinions of thO! two Boards. Upon vote, the
motion carried as follows:
Voting Aye: Corom. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be recessed to
Executive Session to discuss land acquisition. Upon vote, the motion carried unanimously.
Chm. Davis recessed the meeting to Executive Session at 1:00 o'clock p. m.
Comm. Wright was excused from the meeting at 1:05 o'~lock p. m.
Chm. Davis reconvened the meeting to Public Session at 1:25 o'clock p. m.
ADJOURNMENT
Comm. O'Shields moved, seconded by Chm. Davis, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
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Chm. Davis adjourned the meeting at 1:25 o'clock p. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to thE Board
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
January 19, 1976, at 9:00 o'clock a. m. in the Assembly Foom, 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. Davis; County Manager Dan W.
Eller; County Attorney James C. Fo'x; and Clerk to the Boa.rd, Alyce B. Brown. No
members were absent.
Chm. Davis called the meeting to order.
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Comm. Claud O'Shields, Jr. offered the invocation
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 5, 1976
Comm. Wright stated that on Page 40, under "Discussion of Changes in Appraisal
Manual" in the next to the last paragraph where it said l:.he had pointed out this error
and other errors in April, she felt it should state that this particular error was
pointed out in October and the others were pointed out in April.
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MINUTES OF REGULAR MEE']'ING, JANUARY 19, 1976 (CONTINUED)
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 5, 1976 (CONTINUED)
County Manager Eller reported that on Page 36 under "Approval of Amendments
to County Zoning Ordinance", in Comm. Wright's motion for adoption, the word Resolution
should be changed to Ordinance and also on Page 37 under the same heading in the last
paragraph, the word Resolution should be changed to Ordinance.
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Comm. O'Shields moved, seconded by Comm. Taylor, approval of the minutes of the
regular meeting of January 5, 1976, as corrected. Upon vote, the motion carried
unanimously.
CHANGE IN BID AMOUNT AT PUBLIC AUCTION HELD ON JANU~RY 3, 1976, ON 1968 CADILLAC
County Manager Eller reported that he had talked to the Auctioneer who recalled
that the high bid on the 1968 Cadillac was $875 as i~. Steen had stated and not $925
as had been recorded in the bid tabulation.
Comm. Alper moved, seconded by Chm. Davis, that Rev. Steen get his car for $875.
Upon vote, the motion carried unanimously.
DISCUSSION OF PURCHASE BY WASTE INDUSTRIES, INC. OF A REFUSE COLLECTION COMPANY IN
NEW HANOVER COUNTY
Mr. John J. Burney, Attorney, and Mr. Chris McKeithan appeared before the Board
in opposition to the purchase by Waste Industries, Inc., of a refuse collection company
in New Hanover County. They felt that it was unfaiT since Waste Industries had an
exclusive contract to operate the County landfill and they were now competing with
the trash collection companies by offering lower prices, and would soon have a monopoly
on the business.
Mr. Dumay Gorham, Attorney, and Mr. Lonnie Poole appeared before the Board on
behalf of Waste Industries, Inc. They requested 30 days in which to responu to the
charges made against them, and were informed that they could appear before the Board
at any regular meeting.
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After much discussion, it was the general feeL~ng of the Board that, at the time
the exclusive contract was given to Waste Industrie~;, it was with the understanding
that they would not go into competition with the private waste collection companies
in the area. The representatives from Waste Industries were informed that this matter
would be taken into consideration when their landfill contract came up for renewal
in 1977.
No action was taken by the Board on this matter.
DEFEAT OF ADOPTION OF SOLICITATION ORDINANCE
This Ordinance was adopted ~t the meeting of September 2, 1975, by a vote of three
to two. Since it was not unanimous, it was voted or. again on September 15, which vote
ended in a tie because of the ab~ence of one of the members of the Board. At the
September 15, 1975, meeting a motion was passed to table the matter until the second
meeting in January.
Sheriff Grohman appeared before the Board and l:tated that he was still in favor
of some sort of Solicitation Ordinance. He stated that there had been sevelCa}
incidents in which they could haye charged people had there been an Ordinance.
Mr. Bill English, an' insurance salesman, and ~ocs. Marie Wardenfelt, of Stanley
Home Products, appeared before the Board in opposition to a Solicitation Ordinance.
Mr. Herbert Hale appeared before the Board to express his views on this matter.
Corom. Alper moved, seconded by Corom. Wright, that the County go on record that
. they do not care to create a Solicitation Ordinance.
Comm. O'Shields made a substitute motion, seconded by Comm. Taylor, that the
Ordinance be adopted. Upon vote the substitute motion was defeated as follows:
Voting Aye: Corom. O'Shields and Taylor
Voting Noe: Comm. Alper, Wright and Chm. Davis
Upon vote, the original motion that the Ordinao:::e be denied carried as follows:
Voting Aye: Comm. Alper, Wright and Chm. Davis
Voting Noe: Comm. O'Shields and Taylor
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CONTINUED)
APPROVAL OF BUDGET TRANSFER - SHERIFF'S DEPARTMENT
Sheriff Grohman had requested that $3600 be transfer:r-ed from Salaries and Wages,
Acct. #11 510 02, to Equipment, Acct. #11 510 74, to provide for the purchase of 25
.357 caliber stainless steel revolvers to replace the .38 caliber weapons now used.
Chm. Davis moved, seconded by Comm. Wright, approval of the budget transfer as
requested by Sheriff GrQhman. Upon vote, the motion carried unanimously.
APPROVAL OF SALE OF 1973 PLYMOUTH BY PRIVATE NEGOTIATION
The County Manager reported that this car was a Sheriff's Department vehicle which
had been involved in an accident and declared a total loss. The garage personnel
had used as many of the parts from the car as they could. An offer of $150 had been
received for the car, and the Commissioners were requested to authorize Finance Officer,
Felix Cooper, to dispose of the vehicle by private negoti~tion as provided for in the
General Statutes.
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Chm. Davis moved, seconded by Comm. Wright, that the bid on the car be accepted
and that Mr. Cooper be authorized to privately negotiate, as provided in the General
Statutes, for the sale of the 1973 Plymouth. Upon vote, the motion carried unanimously.
REFUND OF DEPOSIT ON 1968 CADILLAC RECEIVED AT PUBLIC AUCrION ON JANUARY 3, 1976
Rev. T. H. Steen appeared before the Board and requested that the deposit he
had made on the 1968 Cadillac at the Public Auction on January 3, 1976, be refunded.
He stated that because of the unpleasant experience in the confusion of the bid amount,
he no longer wanted the car and was entitled to a refund Jf his deposit.
Comm. Wright moved, seconded 9Y Comm. O'Shields, that the deposit be refunded to
Rev. Steen. Upon vote, the motion carried unanimously.
Chm. Davis stated to Mr. Steen that the Board and eV2ryone in County Government had
tried to treat him fairly and that for him to allude that he had not been treated fairly
was wrong because he had explained to Mr. Steen on the telephone that the Board would
have to act on the matter as no individual had the authority to make any changes.
Chm. Davis moved, seconded by Comm. O'Shields, that the car be put up for bids
at the same time the City of Wilmington held its auction. Upon vote, the motion carried
unanimously.
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APPROVAL OF CHANGE ORDER - MENTAL HEALTH CENTER
The Commissioners were requested to approve a Change Order in the amount of $200
for additional handrails at the Mental Health Center.
Chm. Davis moved, seconded by Corom. Alper, that the Change Order for the handrails
be approved. Upon vote, the motion carried unanimously.
APPROVAL OF REQU~ST TO PURCHASE ADDITIONAL FURNISHINGS FOR MENTAL HEALTH CENTER.
Hr. Burke Lennon, Administrative Director of the Mental Health Center, appeared
before the Board to request approval of a request to the State Division of Mental Health
for funds to purchase furnishings not included in the items contained in the bid for
furniture.
Comm. O'Shields moved, seconded by Comm. Taylor, that the Commissioners request the
State to furnish the funds for the purchase of draperies, ~nd ot.her it.ems needed, from the
balance of the funds that the State had on hand. Upon vote, the motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Corom. Wright
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APPROVAL OF PART II OF 201 FACILITIES PLAN FOR GREATER WI:LMINGTON AREA
Col. Paul S. Denison of Henry von Oesen & Associate::; appeared before the Board
to present Part II of the 201 Facilities Plan for the Greater Wilmington Area. He
requested the Board adopt a Resolution accepting and adopting the plan and also
authorize the Chairman to write a Letter of Intent to work cooperatively with the
other units involved to implement the provisions of the P'Lan.
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MINUTES OF REGULAR MEETING, JANYARY 19, 1976 (CONTINUED)
APPROVAL OF PART II OF 201 FACILITIES PLAN FOR GREATER WILMINGTON AREA (CONTINUED)
Comm. O'Shields moved, seconded by Comm. Alpe:r, adoption of the following Resolution
and approval of a Letter of Intent to be written b:r the Chairman.
RESOLUTION CONCERNING APP:IDVAL
OF
201 FACILITIES PLAN, PA~r II
GREATER WILMINGTON ARE1~
WHEREAS, The New Hanover County Board of Comm;:.ssioners has entered into
an agreement with the Town of Wrightsville Beach and the City of
Wilmington and has agreed to serve as the "Lead Agency" in the
preparation of a 201 Facilities Plan for t:he Greater Wilmington
Area, Parts I and II,
AND WHEREAS, the Engineer, Henry von Oesen and Associates, Inc., Wilming-
ton, North Carolina has completed preparat:ion of the Greater Wilming-
ton Area 201 Facilities Plan, Part II, hel'einafter referred to as "The
Plan" ,
AND WHEREAS, the Plan was presented to the New Hanover County Board of
Commissioners for review and approval and Public Hearings were held
on 7 April 1975 and 19 May 1975, the results of which have been
incorporat~d into the Plan,
NOW THEREFORE BE IT RESOLVED THAT,
(1) The Board of Commissioners of New Hanover County, North Carolina
'do hereby accept and approve the Greater Viilmington Area 201 Facilities
Plan, the selected plan and the implementation arrangements and
procedures recommended in said Plan.
(2) It is the stated intention of the New Hanover County Board of
coromissioners to take all necessary steps to implement design,
construction, operation and maintenance of the selected plan under
authorities provided in the provisions of N. C. General Statutes
l60A-312 through 160A-314.
This the 19th day of January, 1976.
Upon vote, the Resolution was unanimously adopted and the Chairman authorized to
sign the Letter of Intent.
SELECTION OF AUDITOR FOR FISCAL YEAR ENDING JUNE 30, 1976
County Manager Eller reported that he had writ-ten each of the local CPA firms and
invited them to meet with him and Mr. Cooper, the Finance Officer. He had interviewed
William E. Brock, C. S. Lowrimore & Co. and Warren and Fogler. All three firms were
qualified to do the work and would be interested if the Board decided not to keep
Cherry, Bekaert and Holland. It was pointed out that a new firm would substantially
exceed the cost that has been paid in the past for 1:he first year. The County Manager
recommended that, unless the Board had some reason not to continue using Cherry,
Bekaert and Holland, the Contract be awarded to them for the coming fiscal year.
(See correction on Page 50.)
Comm. Wright moved, seconded by Comm. Alper, to leave the Audit Contract with the
firm of Cherry, Bekaert and Holland for fiscal year 1976/77. Upon vote, the motion
carried unanimously. (See correction on Page 50.)
SALE OF CITY/COUNTY OWNED PROPERTY
The County Manager reported that the City Council had approved the sale of the
following City/County owned parcels in the NorthsidE! I Urban Renewal Area to the
Redevelopment Commission:
1. Parcel No. 15-14 - Lot on McRae Street - 25' x 40 , $ 150.
2. Parcel No. ll-l'? - Lot on Schutt's Alley - ~:3 ' x 75' 1,250.
3. Parcel No. 10-24 - Lot on 8th St. - 66' x 165' x 45' x 33' x 110' 1,400.
4. Parcel No. 10-1 - Lot on 8th St. - 32' x 5i' 450.
He also stated that the Tax Department had checked the prices against the appraised
values and recoromended that the properties be sold for the prices offered.
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CONTINUED)
SALE OF CITY/COUNTY OWNED PROPERTY (CONTINUED)
Comm. O'Shields moved, seconded by Corom. Alper, approval of the sale of the afore-
mentioned parcels of City/County owned property for the prices listed. Upon vote, the
motion carried unanimously.
APPROVAL OF TAX COLLECTOR'S REPORT THROUGH DECEMBER 31, 1975
Chm. Davis moved, seconded by Comm. O'Shields, tha: the Tax Collector's Report
through December 31, 1975, be accepted. Upon vote the motion carried unanimously.
A copy of the Tax Collector's Report is contained in Exhibit Book III, Page 53.
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APPROVAL OF TAX ABATEMENTS AND REFUNDS
The County Attorney, Mr. Fox, reported that he had reviewed the list of Tax
Abatements and Refunds and found them to be in order. He also reported that the
Statute had been changed somewhat and beginning with 1976 taxes, some of them could
not be abated or refunded if they were not applied for '",hen taxes were listed.
Corom. Alper left the meeting at 10:50 o'clock a. m. due to an emergency.
Comm. Wright commented for the record that the unknown one listed as Item No. 35 on
Page 2 of the list, in the amount of $949.07, was a double listing which should have
been known to the personnel in the Tax Department at le,~st a month before the bills
went out. It was listed, and she was pretty sure it wa:3 the same one, because on the
tax bill, the receipt number 47850 in the Tax Books in J1rs. Straughn's Office, it
showed the bill for $949.07, which matched this amount, and she was pretty sure it was
the same item which she viewed herself on the computer list dated August 19. It was
not unknown, It was listed as unknown and on the line directly underneath it, it had
the name of the owner and the address of his property, ::;0 it had been known at least
since August 19 who owned that property. She felt that the mistake should have been
caught a lot earlier.
Chm. Davis moved, seconded by Corom. O'Shields, tha~ the list of Abatements and
Refunds be approved. Upon vote, the motion carried as follows:
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Voting Aye: Comm. O'Shields, Taylor and Chm. Davis
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Voting Noe: Comm. Wright
Absent: Corom. Alper
A list of the Abatements and Refunds is contained :'.n Exhibit Book III, Page 54.
APPROVAL OF EXTENSION OF LISTING PERIOD
The Tax Administrator had presented a list of taxpayers who had requested an ex-
tension of the listing period. The Commissioners could grant this extension as provided
in G. S. 105-307.
Comm. Wright moved that the listing period be extended for everyone until the
maximum permissable date at the end of March. The motion died for lack of a second.
Chm. Davis moved, seconded by Comm. O'Shields, that: the listing period be extended
for the taxpayers who had requested it. Upon vote, the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Cl~. Davis (See addition on Page 50)
Absent: Comm. Alper
Chm. Davis announced that he would call a Special Heeting on Tuesday, January 27,
at 9: 00 0' clock a. m. to approve any additional request!:: for extension.
The list of taxpayers is contained in Exhibit Book III, Page 55.
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APPROVAL OF CHANGE ORDER- HOSPITAL CONSTRUCTION
Mr. Marshall Risdon, of New Hanover Memorial Hospital, appeared before the Board
to present a Change Order to the Steel Contract for the Hospital Construction increasing
the Contract amount by $8,217.
Chm. Davis moved, seconded by Comm. Wright, approval of the Change Order in the
amount of $8,217. Upon vote, the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absen t : Co Al
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CON'rINUED)
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ENDORSEMENT OF EFFORTS TO OBTAIN COAST GUARD CUTTER FOR PORT
Mr. Frederick Willetts III appeared before the Board as a representative of
a Committee appointed by the Coromittee of 100 thai: was attempting to get a Coast
Guard vessel back in Wilmington. He requested thl~ endorsement of the Board of a
presentation which will be made to the Commandant in Washington on February 24,
appealing to him to bring a Coast Guard Cutter back to Wilmington.
Sgt. Herbert Hale also spdke to the Board in favor of endorsing the efforts in
this matter.
Chm. Davis moved, seconded by Comm. Taylor, approval of a resolution endorsing the
efforts to get a Coast Guard Cutter stationed in ~lilmington. Upon vote, the motion
carried as follows:
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Voting Aye:Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
DISCUSSION ON SENDING BICENTENNIAL FLOAT TO RALEIGH
Comm. Taylor reported that the Bicentennial Executive Committee had asked him to
request $1500 from the Commissioners to send a float to Raleigh. He stated that he
did not personally recommend this expense, but had been directed to present it to the
Coromissioners as a member of the Executive Committ.ee.
Comm. Taylor moved, seconded by Comm. Wright, that no action be taken on sending
a float to Raleigh. Upon vote, the motion carried as follows:
Voting Aye: Corom. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
DISCUSSION ON LIBRARY PLANS
Chm. Davis reported that Miss Katherine Howell, from the Library, had contacted
him in regard to appearing before the Board at the first meeting in February to
present plans for a new Library.
APPROVAL OF PLAQUE FOR MENTAL HEALTH CENTER
The County Manager reported on prices received on the memorial plaque to be
placed in the Mental Health Center in honor of former Commissioner, J. M. (Mike)
Hall, Jr. The lowest price received was from U. S. Bronze Company in the amount of
$485.
Comm. Wright moved, seconded by Corom. O'Shields, to order the plaque from
U. S. Bronze Company in the amount of $485. and authorize the Chairman to sign the
Change Order. Upon vote, the motion carried as follows:
voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
DISCUSSION OF ZONING ORDINANCE WITH MR. RAEFORD PARKER
Mr. Raeford Parker appeared before the Commissioners to discuss a violation of
the County Zoning Ordinance in his neighborhood. The case in question had been
involved in a lawsuit and the judge had ruled the Zoning Ordinance unconstitutional.
Chm. Davis requested the County Manager, the :?lanning Director, and whoever
else necessary, to check into this matter.
EXECUTIVE SESSION
Comm. Taylor moved, seconded by Comm. O'Shields, that the meeting be recessed
to Executive Session to discuss land acquisition and committee appointments. Upon
vote, the motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright imd Chm. Davis
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Absent:
Corom. Alper
Chm. Davis recessed the meeting to Executive ~;ession at 11: 30 0' clock a. m.
Chm. Davis reconvened the meeting to Public Session at 11:50 o'clock a. ID.
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CONTINUE:D)
ADJOURNMENT
Comm. Wright moved, seconded by Chm. Davis, that the meeting be adjourned. Upon
vote, motion carried as follows:
Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis
Absent: Comm. Alper
Chm. Davis adjourned the meeting at 11:50 o'clock a. m.
Respectfully submitted,
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(Mrs.) Alyce B. Brown
Clerk to the Board
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MINUTES OF SPECIAL MEETING, JANUARY 26, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Monday,
January 26, 1976, 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. Davis; County Manager Dan W.
Eller; and Clerk to the Board, Alyce B. Brown. County Attorney James C. Fox was
absent.
Chm. Davis called the meeting to order.
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TABLING OF RIGHT-OF-WAY AGREEMENTS FOR LANEY & TRASK SCHOOLS SEWER LINE
The County Manager reported that there was a problem in obtaining a right-of-way
for one portion of the sewer line for the Laney and Tra.sk Schools. The holder of a
Deed of Trust for that portion refused to sign the release for the right-of-way agreement.
He stated that there were two alternatives that could be used to complete the construc-
tion. One alternative would be to condemn the property and the other would be to go
back to the proposal that had been presented at an earlier meeting to use the force
main sewer line along the right-of-way of Kerr Avenue instead of the gravity sewer
line.
County Engineer, Robert Williams, and Richard Turner, of the Engineering Department,
appeared before the Board to present a third alternative that had been suggested by the
property owner. They felt that the owner of the Deed of Trust would be willing to sign
the release if he could be assured that he could tap-in to the sewer line when it was
completed.
Chm. Davis stated that it was against the City's Folicy to allow residences out-
side the City limits to tap-in to the City's sewer lines, and he did not feel they
would make any exceptions.
Comm. Alper moved that condemnation procedures be instituted to obtain the right-
of-way and to go through with the original plan for a gravity sewer line.
Comm. Wright moved, seconded by Chm. Davis to go to the force main system for
the sewer line.
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Comm. O'Shields seconded Comm. Alper's motion to proceed with the condemnation
proceedings.
The County Manager reported that the other property owners had given the rights-
of-way with the understanding that all the property own2rs were giving their rights-
of way, and some of them had commented that if anyone W3.S compensated then they would
also demand compensation for their rights-of-way. He also reported that if the Board
decided to go ahead with the condemnation, the Resoluti~n would have to be drawn up
and approved before the action could be started.
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