1976-01-26 Special Meeting
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MINUTES OF REGULAR MEETING, JANUARY 19, 1976 (CONTINl1E: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 owners were giving their rights-
of way, and some of them had commented that if anyone w~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 ResolutiJn would have to be drawn up
and approved before the action could be started.
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MINUTES OF SPECIAL MEETING, JANUARY 26, 1976 (CONTtNUED)
TABLING OF RIGHT-OF-WAY AGREEMENTS FOR LANEY & TRASK SCHOOLS SEWER LINE (CONTINUED)
Chm. Davis moved, seconded by Comm. Wright, that this item be tabled until Monday,
February 2, at which time Mr. Eller could come back with some firm figures as to
the costs. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Wright a~d Chm. Davis
Voting Noe: Comm. Taylor
APPROVAL OF TAX LISTING EXTENSIONS
Tax Administrator, Larry Powell, presented to the Board a list of requests for
extension of tax listing period that had been received since the Board approved the
previous requests.
Comm. Wright moved, seconded by Comm. Alper, ~o extend the listing period the
maximum permissible time; i.e., to the end of March, to take care of such problems
as outlined in the last paragraph of Mr. Powell's Letter.
Chm. Davis made a substitute motion, seconded by Comm. O'Shields, to extend the
listing period until March 31, 1976, for the persons on the list who have, according
to the law, asked for extensions and that the requests received in the mail in the
next few days that had been postmarked January 23 or 24 and would be within the
7-day time limit, be also granted the extension. t~on vote, the motion carried as
follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wrig,ht
A copy of the list is contained in Exhibit Book III, Page 56.
AUTHORIZATION OF CITY/COUNTY DISCUSSIONS
Chm. Davis stated that this was simply a motion that he would make that would
authorize the County Manager to talk with the City Manager on the basis of seeing
what functions, that were countywide in nature, could be assumed in total by the
County with the benefit to everybody. This would r.ot assume that there was one
function that the County would assume or that anytb.ing would actually come out. of
it. All it would mean was that the Board felt that this area should be looked into
by the County Manager, and Chm. Davis moved that thE! Board so authorize Mr. Eller to
talk with Mr. Jones on that basis. He stated that it was not a commitment on the
County's part to assume any functions and it was net a promise to do anything, it
was just saying that this was a matter that should be looked into and do some
studying on and in no way obligates the County to do one thing.
Comm. Alper seconded the motion and stated that his reason for seconding the
motion was simply that there were two organizations that should know what the others
do and should participate in discussing these things so that if there was anything
that could be of mutual benefit to the entire community, it could be done through
conversation and a meeting of the minds.
Comm. Wright stated that she felt the matter could be put on the ballot for the
people to vote on and she felt that the other municipalities in the community should
be consulted before any steps were taken.
Mayor Richard Kepley and Town Manager, Sheila Davis, of Carolina Beach appeared
before the Board to request that all five of the governing bodies in the County be
included in any discussions that would affect the whole County. They felt that too
many times actions were taken by the County and Carolina Beach was excluded, and they
were requesting to be included in the first phase of these discussions.
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Chm. Davis restated his motion, seconded by COlnm. Alper, that the County Manager
be authorized to explore, with the managers of the other municipalities, Countywide
functions that could be handled or assumed by the CoJunty Government. This motion in
no way obligates or assumes that the County will ac<::ept the recommendations or take
over any of the functions.
Comm. Wright stated that she felt the record si:1.ould show that Mr. Davis had
stated that he was not in favor of a Charter Commis:3ion, and she felt that would be
a good direction for the managers to have in mind a:3 they met.
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MINUTES OF SPECIAL MEETING, JANUARY 26, 1976 (CONTINUED)
AUTHORIZATION OF CITY/COUNTY DISCUSSIONS (CONTINUED)
Mr. Davis stated that the record should show that Mr$. Wright interpreted that
Mr. Davi s said that and that Mr. Davis meant" at the moment".
Upon vote the motion authorizing the discussions carried as follows:
Voting Aye: Comm. Alper, O'Shields, and Chm. Davis
Voting Noe: Comm. Taylor and Wright
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
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Chm. Davis adjourned the meeting at lO:05 o'clock a. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, FEBRUARY 2, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
February 2, 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; County Attorney James C. Fox; and Clerk to the Baird Alyce B. Brown. No members
were absent. l
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Chm. Davis called the meeting to order.
Rev. Allen Laymon of the First Baptist Church offer~d the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, JANUARY 19, 1976
APPROVAL OF MINUTES: .SPECIAL MEETING, JANUARY 26, 1976
Comm. Wright stated that in the Minutes of the Regutar meeting of January 19, 1976,
on Page 45 under "Selection of Auditor for Fiscal Year Erlding June 30, 1976", the fiscal
year referred to in the motion should be 1975/76 instead of 1976/77. She also stated
that on Page 46 under "Approval of Extension of Listing Period", she would like it
noted that she voted "yes" under protest.
Chm. Davis stated that on Page 45 under "Selection of Auditor for Fiscal Year Ending
June 30, 1976" , it should be noted that only one of the firms had indicated that they
would not be interested in competing with Cherry, Bekaert and Holland for the work,
but the other two firms were interested in doing the worx.
Comm. Taylor moved, seconded by Comm. Alper, that t~e Minutes of the Regular Meeting
of January 19, 1976, be approved as corrected and the Minutes of the Special Meeting of
January 26, 1976, be approved as presented. Upon vote, the motion carried unanimously.
DISCUSSION OF DRAINAGE PROBLEM AT MYRTLE GROVE SOUND
Mr. Marvin Congleton appeared before the Board to request that the Commissioners
authorize the Health Department to proceed with opening a ditch across his property
that needed cleaning and stated that he had already given the necessary easements.
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Mr. V. M. Gilbert and Mr. Frank Olive, of the Health Department, appeared before
the Board to explain the position of the Health Department in the matter. They stated
that another property owner in the area had threatened a. lawsuit against the County
if the ditch was opened as his property would be affectE,d by the water runoff.
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