1976-08-02 Regular Meeting
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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,
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Alyce B. Brown
Clerk to the: Board
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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.
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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:
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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
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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. :
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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,
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Alyce B. B:~own
Clerk to the Board
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