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1976-01-19 Regular Meeting /: / 42 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. iJ 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. ~ Chm. Davis adjourned the meeting at 1:25 o'clock p. m. Respectfully submitted, ~,~/8.~ (Mrs.) Alyce B. Brown Clerk to thE Board ab 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. f) 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. "'- l I) /t. '" ..., L,,., 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. . 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. . 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 ~ ;: ,r 44 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. ~ 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. f) 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 ,~ 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. \ , " "- . . . ..., 45 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. ~ .....--- / / 46 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. ~ I / 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: , Voting Aye: Comm. O'Shields, Taylor and Chm. Davis 1\' ) 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. ~: / 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 rom. per \ '\ "--- . . '. '~:"'. ..., 47 i MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CON'rINUED) i 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: ! 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 ,11 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. ~ (/ / 4H 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, f) / /)./1. Al~ ~ /l ~'-'-<-- /.d. /cf1-~ ~, (Mrs.) Alyce B. Brown Clerk to the Board ab 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. f) 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. ,r\ ./ 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. \ '-~