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1976-08-02 Regular Meeting . . . ,., l.G'i ,', MINUTES OF SPECIAL MEETING, JULY 28, 1976 (CONTINUED) APPROVAL OF WRIGHTSBORO VOLUNTEER FIRE DEPARTMENT ROSTER Comm. Wright moved, seconded by Comm. Alper, approval of Certification of the roster of members of the Wrightsboro Volunteer Fire Department. Upon vote, the motion carried unanimously. ADJOURNMENT Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Davis adjourned the meeting at 3:15 o'clock p. m. Respectfully submitted, ~~b.~~ Alyce B. Brown Clerk to the: Board ab MINUTES OF REGULAR MEETING, AUGUST 2, 1976 ASSEMBLY The New Hanover County Board of Commissioners Bet in Regular Session on Monday, August 2, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Admin- istration Building, Wilmingto'n, 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 Board, Alyce B. Brown. No members were absent. Chm. Davis called the meeting to order. Rev. Marion Powell of Pine Valley Baptist Church offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, JULY 19, 1976_ APPROVAL OF MINUTES: SPECIAL MEETING, JULY 28, 197E~ Comm. Alper moved, seconded by Comm. O'Shields, that the Minutes of the Regular Meeting of July 19, 1976, and the Special Meeting of July 28, 1976, be accepted as presented. Upon vote, the motion carried unanimously. MEETING WITH STATE LEGISLATORS The Coromissioners had invited Senator William G. smith and Representatives S. Thomas Rhodes and B. D. Schwartz to meet with them for the purpose of discussing actions of the General Assembly affecting the County Budget. 'I'he following areas of concern were discussed: 1. The continued reduction in state funding fcr education and other programs mandated by the State. Because of this reduction, the Counties were forced to increase t~eir funding of these State mandated programs. The Commissioners requested assistance in trying to find a solution to this problem. 2. The State's set.ting salaries and classifications in programs that are partly funded by the State (i. e. Social Services and Health Department). This way the County cannot control salaries and has to pay all the other employees on an equal level to be fair. 3. The Secondary Roads Council 's funding and th~ system used for setting for paving secondary roads. It seems that the Council totally disregards the recommended by the Conmissioners after having a public hearing on the matter. priorities priorities 4. When the Senior Citizens' tax exemption was raised, there was also a condition added that Social Security payments would be counted toward their income, which tended to defeat the purpose of raising the exemption. In ~he past Social Security was not included in their income. It was felt that there was a better way to help the Senior Citizens who were on a low, fixed income. ~ 0G3 I MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) MEETING WITH STATE LEGISLATORS (CONTINUED) 5. Property taxes and Comm. Wright's suggestion thqt property taxes be replaced by a local income tax which would be fairer to all people and easier to administer. 6. The fact that the Department of Human Resources seems to ignore that the County Commissioners control part of the expenditure for the budgets of some of the agencies contained in that department. They communicate directly to the agencies concerned (Board of Health and Social Services), and in many cases decisions were made before the Commissioners were aware of it and then it was more or less a mandate that the Commissioners concur. f) 7. Facilities fees of the Administrative Office of the Courts. These fees were not adequate to cover all the items requested and it was felt that the State could make some changes in that area. It was agreed by common consent that Chairman Davis write a letter to Rep. Rhodes, at his request, stating the problems encountered with the, Secondary Roads Council. PUBLIC HEARING Notice had been given that a public hearing would be, held by the. Board of Com- missioners of New Hanover County on Monday, August 2, 1976, at 9:30 o'clock a. m. in the Assembly Room of the County Administration Building, '320 Chestnut Street, Wilmington, North Carolina. Chm. Davis opened the public hearing to discussion PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE EAST SIDE OF N. C. HWY. 133 JUST SOUTHEAST OF U. S. HWY. 421 FROM 1-2 (INDUSTRIAL DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9A. Planning Director Richard Fender appeared before the Board and stated that this re- zoning application had been considered at the Planning Commission meeting on July 7, 1976, and both the Planning commission and Planning Staff reco~rnended approval of the rezoning. Chm. Davis asked if there was anyone present to spe~,:k for or against this applica- tion and no one appeared in this regard. Comm. Wright moved, seconded by Comm. Taylor, adopti.on of the ordinance entitled "An Ordinance of the County of New Hanover Amending the :z;oning Map of Zoning Area #9A of New Hanover County, North Carolina adopted July 1, 19~1". Upon vote, the ordinance was unanimously adopted. i ~ A copy of the Ordinance as adopted and signed is contained in zoning Ordinance Book I, Section 9A, Page 17. I PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT 110 PINE GROVE DRIVE FROM R-15 (RESIDENTIAL DISTRICT) TO 0 & I (OFFICE AND INSTITUTIONAL DISTRICT) IN ZONING AREA #9B. Planning Director Richard Fender reported to the Board that this rezoning applica- tion had been considered by the Planning commission at i{s meeting in July and the Planning Commission and Planning Staff recommended appro~al of the rezoning. Chm. Davis asked if there was anyone present to speck for or against this applica- tion and Mr. Joe Rogers inquired as to the amount of property to be rezoned. I Comm. Alper moved, seconded by Comm. O'Shields, adoption of the ordinance entitled "An Ordinance of the County of New Hanover Amending the 2.;oning Map of Zoning Area #9B of New Hanover County, North Carolina adopted July 1, 1972". Upon vote, the ordinance was unanimously adopted. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 9B, Page 25. PUBLIC HEARING TO CONSIDER APPLICATION FOR SPECIAL USE PE:RMIT TO USE PROPERTY AT 325 FOREST PARK ROAD FOR A MACHINE AND WELDING SHOP IN ZONING AREA #9B. Planning Director Richard Fender reported to the Bo~rd that this application for Special Use Permit had been considered by the Planning CQmmission at its meeting of July 7, 1976, and the Planning Commission and Planning Staff recommended approval of the application with the following conditions: ~ ) 1. Plan as submitted and approved with the applicati.on for Special Use Permit; 2. Normally, all work be conducted within enclosed !O:tructures so as to protect surrounding properties from objectionable charact.eristics of the proposed use; and 3. That all requirements as indicated in Section 72-23 of the New Hanover County Zoning Ordinance be complied with. ~ . :. . ~;.'~ ~~ ,t' .., , b\) MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) SPECIAL USE PERMIT AT 325 FOREST PARK ROAD (CONTTKUED) Chm. Davis asked if there was anyone present to speak for or against this Special Use application and no one appeared in this regar<:. 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 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 that this Special Use Permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, the motion carried unanimously. DISCUSSION CONCERNING PLANNING COMMISSION MINUTES Chm. Davis and Comm. Wright commented that while they liked the new format being used by the Planning Department, copies of the Minutes of.the Planning Commission meetings along with the Case Summaries would be helpful. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO THE COUNTY ZONING ORDINANCE Planning Director Richard Fender reported to the Board that the Planning Com- mission and Planning Staff recommended approval of the following amendment to the County Zoning Ordinance: AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONINGJRDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1959 THE BOARD OF COMMISSIONERS OF NEW HANOVER COU'lTY OOTH ORDAIN: 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 59.1-2, Item (14) to read as follows: (14) Art, photo, radio and television studios without principal transmission facilities. Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. safety, morals Hanover, North its adoption. This ordinance is adopted in 1:he interest of public health, and general welfare of the inhiwitants of the County of New Carolina, and shall be in full force and effect from and after Adopted this 2nd day of August, 1976. Chm. Davis asked if there was anyone present 1:0 speak for or against this proposed amendment to the County Zoning Ordinance and no one, appeared in this regard. Upon motion by Comm. Alper, seconded by Comm. Taylor, the ordinance amending the County Zoning Ordinance was unanimously adopted as recommended by the Planning Commission and Planning Staff. DISCUSSION CONCERNING SUBDIVISION REGULATIONS Comm. Wright expressed her concern about a report from the committee on the metes and bounds question, stating that she felt there should be no discussion on revision of the Subdivision Regulations until the Metes and Bounds Committee makes a report on its findings. ~ (/10 MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) COASTAL AREA MANAGEMENT ACT Mr. W. Douglas Powell, member of the Coastal Resou:rces Commission, Col. Phillip Leesburg, acting chairman of the Coastal Resources Advi:::;ory Council, and Ms. Barbara Crumpler'of the Department of Natural & Economic Resources appeared before the Board to present the Coastal Resources Commission's comments on ~he County Land Use Plan pre- pared pursuant to the Coastal Area Management Act. Mr. Powell outlined the present status and the future of the Coastal Area Manage- ment Act and explained the phases that had to be entered into under the Act. The Commissioners commented on their impressions of the Coastal Area Management Act. (See Page 176 for addition) . TABLING OF FINAL PLAT APPROVAL - TURTLE HALL This item had been tabled from the meeting of July 19 for further information on compliance with the Sedimentation & Erosion Control Ordinance. (\1 ). Mr. Harry Oakes of the Planning Department reported that the site had been re- visited by the County Engineer, Planning Department and:a representative from the Soil & Water Conservation Office. He stated that there were a few discrepancies found; however, all pertinent laws had been complied with. Mr. Joe Rogers, an adjacent property owner, appear~d before the Board in opposi- tion to the drainage situation on this development. i County Attorney Jim Fox stated that he would like t:o have an opportunity to re- view the Sedimentation & Erosion Control Ordinance in r~gard to offering an opinion as to the compliance in this particular case. Mr. Robert Goslee, the engineer for the development., appeared to explain the reasons for the layout of the plat. Comm. O'Shields moved for approval of the Final Plat of Turtle Hall as requested. The motion died for lack of a second. Comm; Alper made a substitute motion, seconded by Comm. Taylor, to table the ap- proval of the Final Plat of Turtle Hall until the next rr.eeting so all the problems could be ironed out concerning compliance with the Sedi~entation & Erosion Control Ordinance and drainage situation. Upon vote, the motion carried as follows: I), Voting Aye: Comm. Alper, Taylor, Wright and Chm. Davis Voting Noe: Comm. O'Shields CHM. DAVIS' STATEMENT CONCERNING APPEARANCES BEFORE THE BOARD OF COMMISSIONERS Chm. Davis stated for the record that anyone who would like to appear before the New Hanover County Board of Commissioners had that right and could be put on the agenda by simply calling the Clerk to the Board and stating that they would like to be put on the agenda, and anyone wanting to appear before the Board without calling ahead could come to the meeting and would be heard as soon as the pe~ple who were on the agenda had been heard, as the meetings were always open and any?ne wanting to appear before the Board could do so. . DISCUSSION CONCERNING ALLEGED DISCREPANCIES IN THE SHERIFF I S DEPARTMENT Mr. Ted Sampleyaddressed the Commissioners with rega.rd to alleged discrepancies within the Sheriff's Department and requested the Commis';ionerslook into the matter. He stated that the la.rge turnover in the department and the recent internal investi- gation were indicative that something was wrong within the rariks~ . 'He 'stated .-thiit he I . was told that deputies were not compensated for overtime; and on occasions were forced to work overtime as a form of punishment. Mr. Sampley sbated that there was low morale in the department and that these facts indicated poor mallagement of public funds and possibly deviation from law. : I) County Attorney Fox stated that the Sheriff was a constitutional offica::elected by the populus and the basic responsibility of the County Commissioners was only for funding of the department. j No action was taken by the Board on this matter. ADOPTION OF RESOLUTION APPROVING THE GREATER WILMINGTON ~~Ol FACILITIES PLAN Mr. Henry von Oesen and Mr. William Burnett of Henry von Oesen & Associates appeared to request that the Commissioners adopt a Resolution indicating that they had reviewed the revised Greater Wilmington Area 201 Fac~.lities Plan and concurred with the revisions. The resolution was necessary to sat~.sfy the requirements of the Environmental Protection Agency and the N. c. Division oj.' Environmental Management. ~ . '. :. ~ f'1 r+ .., 1'11 j.;,' MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) RESOLUTION APPROVING GREATER WILMINGTON 201 FACILITIES PLAN (CONTINUED) Comm. 0' Shields moved, seconded by Comm. Alpe,r, adoption of the following Resolution as requested: RESOLUTION CONCERNING APFROVAL OF GREATER WILMINGTON AREA 201 FACILITIES PLAN (REVISED MAY 1976) WHEREAS, the New Hanover County Board of Commissioners have 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 th:e Greater Wilmington Area, AND WHEREAS, the Engineer, Henry von Oesen and Associates, Inc., Wilmington, North Carolina has completed preparation of the Greater Wilmington Area 201 Facilities Plan, hereinafter referred to as "the Plan", AND WHEREAS, the Plan was presented to the New Hanover County Board of Com- missioners for review and approval and public hearings were held on 7 April 1975 and 19 May 1975, the results of which have been incorporated into the Plan; NOW THEREFORE BE IT RESOLVED THAT, (1) The New Hanover County Board of Commissioners, North Carolina do hereby accept and approve the Greater Wilmington Area 201 Facilities Plan (Re- vised May 1976), the selected plan and the implementation arrangements and procedu:r'es in said Plan. (2) It is the stated intention of the New Hanover County Board of Commis- sioners to take all necessary steps to implement design, construction, operation and maintenance of the selected plan under authorities pro- vided in the provisions of N. C. General Statutes l60A-3l2 through 160A-314. This the 2nd day of August, 1976. Upon vote, the Resolution was unanimously adopted. DISCUSSION OF PENDER/NEW HANOVER COUNTY BOUNDARY LINE ON FIGURE EIGHT ISLAND Mr. P~~l Foster, a resident of Figure Eight Island, appeared before the Board to request assistance in determining the Boundary Line between New Hanover County and Pender County on Figure Eight Island. It seemed that both counties claimed a portion of the island, and because of zoning regulations in New Hanover County, it had become necessary to determine whether or not a portion of the island was actually in Pender County. County Attorney James C. Fox commented on the Statutes pertaining to County boundary disputes. He stated that the quickest way to get i:he problem resolved would be to let the Legislature decide where the boundary line should be. . Con:un' O'Shields moved,. seconded,by: Comm. Taylor, to allow the Attorney to check into the matter and come back to the Board later w:Lth a recommendation on.how to settle' the the-' pr~biem. Upon vote, the motion car:ried a~._ follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. DAvis Temporarily Absen.t: Comm. Alper AWARD OF BID FOR BUSH HOG AT AIRPORT The following bids were received on July 28 for a bush hog for the New Hanover County Airport: Lee Ford Tra;tor & Equipment Company Sessions Farm Machinery, Inc. Cottle Equipment Company, Inc. N. C. Equipment Company $2,039. 2,925. 2,475. 2,183. The Airport ManagE~r and the County Manager recommended that the bid be awarded to the apparent low bidder, Lee Ford Tractor & Equipme:nt Company, in the amount of $2,039. --olIlllllll (~ P:Z I I I ' MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) AWARD OF BID ON BUSH HOG (CONTINUED) Comm. O'Shields moved, seconded by Comm. Taylor, that the bid for the bush hog for the New Hanover County Airport be awarded to Lee Fo:~d Tractor & Equipment Company in the amount of $2,039. Upon.vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and C~un. Davis Temporarily Absent: Comm. Alper APPROVAL OF RESOLUTION AMENDING FAA GRANT AGREEMENT County Manager Eller explained that it would be ne(:essary to approve a Resolution amending an Airport Grant to provide for payment to the County of the final 10% of the Grant prior to the final audit by FAA. I) Comm. O'Shields moved, seconded by Comm. Taylor, adoption of the"Resolution Authorizing, Adopting, Approving, Accepting and Ratifying the Execution of Amendment No. 1 to Grant Agreement for proj ect No. 8-37-0084-01 Between the unitl~d States of America and the County of New Hanover, North Carolina". Upon vote, the Resolu-,:ion was adopted by the following vote: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis ~ Temporarily Absent: Comm. Alper A copy of the Resolution and Amendment to the Granf Agreement are contained in Exhibit Book IV, Page 5. RELEASE OF LETTER OF CREDIT - BRIARWOOD SUBDIVISION Comm. O'Shields moved, seconded by Comm. Wright, release of the $4,000 letter of credit posted by Eddie Lewis Construction Company to in~ure completion of improvements in Briarwood Subdivision, upon the recommendation of the County Engineer. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Temporarily Absent: Comm. Alper fj ACCEPTANCE OF STATE GRANT FOR LANEY/TRASK SEWER LINE The County Manager explained that the County's application for State assistance under the State Clean Water Bond Act had been certified by the Division of Environ- mental Management in the amount of $66,838 for construc1:ion of the sewer line to serve Laney and Trask Schools. The Commissioners were ~equested to approve the Resolu- tion accepting the Grant and authorizing the Chairman t9 sign the Offer and Acceptance furm. : Comm. Taylor moved, seconded by Comm. O'Shields, that the Chairman be authorized to sign the Offer and Acceptance form, as requested, for 1:his Grant. Upon vote, the motion carried as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis Temporarily Absent: Comm. Alper A copy of the Offer and Acceptance form is on file in the County Manager~s Office. CHANGE OF DATE FOR FIRST MEETING IN SEPTEMBER Comm. Wright moved, seconded by Comm. O'Shields, that since the first Monday in September was Labor Day and a County holiday, that the first meeting in September be held on Tuesday, September 7, 1976. Upon vote, the moti.on carried .as follows: Voting Aye: Comm. O'Shields, Taylor, Wright and Chm. Davis 1 I) Temporarily Absent: Comm. Alper TABLING OF APPROVAL OF CHANGE ORDER AND BUDGET TRANSFER FOR MENTAL HEALTH CENTER The Commissioners were requested to approve a Change Order increasing the amount of the plumbing contract for the Southeastern Mental Health Center by $343 in order to pay for the installation of a booster heater for a commercial type dishwasher. County Manager Eller reported that the booster heater had actually been installed and the Change Order had just come through. ~ . '. '. .., 1!{ :,; MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTIWJED) TABLING OF CHANGE ORDER FOR MENTAL HEALTH CENTER (CONTINUED) Comm. Alper moved to approve the Change Order and strongly advise all departments that change orders must be approved before the wo:ck is done. The motion died for lack of a second. Chm. Davis moved, seconded by Comm. Taylor, that this item be tabled until there was a full explanation as to why the work was done prior to approval of the change order. Upon vote, the motion carried unanimously. The Commissioners were also requested to approve the transfer of $2,475.31 from the Mental Health Capital Reserve, Unappropriated Fund Balance, to the Mental Health Fund, Capital Outlay - Buildings, Acct. #47 590 72, to cover outstanding construction bills. This transfer included the above change order for $343. No action was taken by the Board on this item. DISCUSSION OF CONSTRUCTION OF SWIMMING POOL AT LAm~Y SCHOOL WITH PUBLIC WORKS FUNDS Mr. Leslie N. Boney, Architect, addressed the Board with regard to the possibility of applying for Public Works funds for the constrw:tion of a swimming pool at Laney High School. No action was taken. DISCUSSION OF NEW HANOVER COUNTY INDUSTRIAL & POLLUTION CONTROL FINANCING AUTHORITY Chm. Davis pointed out that 31 days had passed since the adoption of the initial resolution of intent to form the New Hanover County Industrial & Pollution Control Facilities Financing Authority, and the members could be appointed. He suggested that each Commissioner submit a list of nominees ~ld the members could be appointed at the first meeting in September. Comm. Alper commented on the seriousness of snlecting people for this Board and suggested an Executive Session solely for the purpose of discussion and appointment of persons to the New Hanover County Industrial & Pollution Control Facilities Financing Authority. ACCEPTANCE OF BIDS ON SHERIFF'S DEPARTMENT VEHICLEl> SOLD AT PUBL1C AUCTION The following were the high bids received at 1:he auction of the Sheriff's Depart- ment vehicles on Saturday, July 31, 1976: Beaty's Auto Sales C. B. McCandless Jeff Sullivan William Bradshaw 1970 Camaro 1968 Buick 1968 Cadillac 1974 MGB $ 650. 475. 850. 3,000. TOTAL $4,975. Comm. Alper moved, seconded by Comm. Taylor, 1:hat the above high bids received on the Sheriff's Department vehicles be accepted. Upon vote, the motion carried unanimously. BUDGET AMENDMENT - SHERIFF'S DEPARTMENT When the Commissioners authorized the sale of the Sheriff's Department Vehicles, they also approved the purchase of a van for the Sheriff's Department with the proceeds of the sale. The Coromissioners were requested to a.pprove the following budget amend- ment in order to purchase the van. Dr. Acct. #11 380 00, Sale of Fixed Asset!:: Cr. Acct. #11 510 74, Capital Outlay - Equipment $4,975. 4,975. Comm. Taylor moved, seconded by Comm. Alper, a.pproval of the budget amendment in the Sheriff's budget as requested. Upon vote, the motion carried unanimously. DISCUSSION OF CITY OF WILMINGTON REQUEST FOR RIGHT-OF-WAY ACROSS COUNTY PROPERTY County Engineer Robert Williams reported to the Board a request from the City of Wilmington for a right--of-way across County property to construct a force main to the Northeast Cape Fear River to discharge effluent frcm the Northside Sewage Treatment Plant. The County Engineer was requested to furnish further information to the Commis- sioners for a later decision on the matter. ~ //174 MINUTES OF REGULAR MEETING, AUGUST 2, 1976 (CONTINUED) BUDGET TRANSFER - CAPE FEAR TECHNICAL INSTITUTE The Commissioners were requested to transfer the stm of $400 from Acct. #6223, Repairs - Facilities, to Acct. #6113, Supplies and Materials, in the Cape Fear Tech Budget in order to purchase waste baskets for the new building. I Comm. O'Shields moved, seconded by Chm. Davis, approval of the budget transfer in the Cape Fear Tech Budget as requested. Upon vote, the motion carried unanimously. DISCUSSION OF WAIVER OF RIQ1T TO DEPOSIT IN BANKRUPTCY COURT FOR AD VALOREM TAXES FOR AMERICAN CLASSIC INDUSTRIES County Attorney James Fox presented a request for a waiver of the County's right ~ to the deposit in bankruptcy court for American Classic:Industries. He stated that ) the waiver would not affect the County's lien on real estate owned by that company in New Hanover County and that it was strictly a waiver of 'the right to demand the deposit. The County Manager was requested to check with the Tax Administrator to find out the amount of property owned by American Classic Industries to determine if there was enough to secure the amount of taxes owed to the County and report back later in the meeting. EXECUTIVE SESSION Chm. Davis recessed the meeting to Executive Sessi9n from 1:05 o'clock p. m. to 1:15 o'clock p. m. OVERPAYMENT OF SALARY TO MRS. MCNAMEE IN AGRICULTURAL EXTENSION OFFICE Comm. Alper moved, seconded by Comm. O'Shields, that Mrs. P. McNamee, an employee in the Agricultural Extension Office, not be required t<> repay the overpayment in her salary since the error was made in the payroll office. :Upon vote, the motion carried unanimously. (See Page 176 for addition) WAIVER OF RIGHT TO DEPOSIT IN THE BANKRUPTCY COURT FOR AD VALOREM TAXES OF AMERICAN CLASSIC INDUSTRIES County Manager Eller reported on the value of the teal estate owned in New Hanover County by American Classic Industries. The value of the property was ample security I for the amount of taxes owed to the County. I Comm. Alper moved, seconded by Comm. Taylor, authorize the Tax Collector to execute the Waiver 11-38B in regard to American Classic Industries. unanimously. to take the attorney's advice and of Riqht to Deposit under rule Upon vote, the motion carried ~ / DISCUSSION OF ENVIRONMENTAL IMPACT COMMITTEE Comm. O'Shields reported that he had discussed the Environmental Impact Committee with the Chairman, Herb McKim, and Mr. McKim agreed that there was nothing of value left for the Committee to do since they had completed the projects that they were originally formed to study. ADJOURNMENT Comm. Taylor moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Davis adjourned the meeting at 1:20 o'clock p. m. Respectful~y submitted, , /}I",: ~~_ I ~"/)C<__ /c..J. / tT '-C.-4'~/~ Alyce B. B:~own Clerk to the Board ab ~ J ~',H