1976-08-16 Regular Meeting
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
August 16, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County
Administration Building, Wilmington, North Carolina. i
Members present were Coromissioners George E. Alper; Claud O'Shields, Jr.;
William C. Taylor; Vivian S. Wright; Chairman Peter R. D~vis; County Manager Dan W.
Eller; County Attorney James C. Fox; and Clerk to the Bo~rd, Alyce B. Brown. No
members were absent: i
Chm. Davis called the meeting to order.
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Comm. William C. Taylor offered the invocation
APPROVAL OF MINUTES OF REGULAR MEETING, AUGUST 2, 1976
Comm. Wright stated that in the Minutes of the Regular Meeting of August 2, 1976,
on Page 170 under "Coastal Area Management Act" she would like it noted that she had
stated that she thought this was an unnecessary act. Sh~ also stated that on Page
174 under "Overpayment of Salary to Mrs. McNamee in Agrh:ultural Extension Office",
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it should be noted that the Commissioners did not ask for repayment from Mrs. McNamee
because this was the second time it had happened and ~heihad repaid it the first time.
Upon motion by Comm. Taylor, seconded by Comm.O'Shields, the Minutes of the Regular
Meeting of August 2, 1976, were unanimously approved as corrected.
DISCUSSION OF SPECIAL MEETING ON AUGUST 11, 1976
Comm. Wright stated that she wanted to protest the action taken at the Special
Meeting of August II, 1976, which she was unable to attend. She stated that she
felt the wording in the notice of the meeting was not b~oad enough to encompass the
action that was taken at the meeting.
TABLING OF ABATEMENT OF 1975 TAXES - FIRE-BAPTIZED HOLINESS CHURCH OF GOD
Chm. Davis reported that the attorney representing (he First-Baptized Holiness
Church of God had requested that this item be tabled until the meeting of September 7.
It was agreed by common consent to table this matter until September 7, 1976.
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FURTHER DISCUSSION ON SPECIAL MEETING OF AUGUST 11, 197f~
The County Attorney stated that in his opinion, the Architects being present at
the meeting of August 11, 1976, was a necessary part of the discussion with the
attorneys concerning the project. He further stated th~t in his opinion the action
taken to advertise for bids was not within the scope of: the notice that was sent
out and that it should be ratified.
Comm. Alper moved that the action be ratified, but Comm. Wright requested that
it be done later on in the meeting so that she could be filled in as to what the
attorneys had advised.
APPROVAL OF MINUTES OF SPECIAL .MEETING, AUGUST 11, 1976
Comm. Alper moved, seconded by Comm. Taylor, to acc~pt the Minutes of the Special
Meeting of August 11, 1976, as read. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Abstaining: Comm. Wright
APPROVAL OF MINUTES OF BUDGET HEARINGS
Chm. Davis stated that in the minutes of the meeti~g of June 22, 1976, on Page 2,
under "Approval of Funding for Chamber of Commerce" he thought the spelling for "Reeder"
should be changed to "Rehder" (upon checking on this matter the Clerk verified that
"Reeder" was the correct spelling). . Chm. Davis also stated that on Page 3 of the
June 22 meeting under "Approval of Library Budget" the spelling in the name of Mrs. Karen
Gottovi should be corrected from a "c" to a "G".
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Comm. Wright stated that in the minutes of the meet~ing of June 9, 1976, on Page 2,
under "Motions Re School Budget", where it said that Cr.lm. Davis requested that by
common consent the Commissioners authorize him to talk with members of the School
Board concerning their budget, she wanted it to show that she objected to that at the
time. She also stated that in the Minutes of the meeting of June 10 1976 under
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S erlff s Department Budg(~t", the motion that she had made also included approval of
the reclassification for Mr. Roggina.
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINtffiD)
APPROVAL OF MINUTES OF BUDGET HE~RINGS (CONTINUED)
Comm. O'Shields moved, seconded by Comm. Alper, that the Minutes of the Budget
Hearings be approved as corrected. Upon vote, the f~tion carried unanimously.
The Budget Minutes are contained in Exhibit Book IV, Page 6.
PLANNING DEPARTMENT ANNUAL REPORT
Mr. I. John Tinga, Chairman of the Planning Conmission, presented to the Comis-
sioners the first annual report of the Wilmington-NE!W Hanover Planning Commission. He
. explained the report, the accomplishments of the Plclnning Commission and outlined the
staff organization of the Planning Department and commended them for the work they had
done.
AIRPORT ZONING
Mr. Herbert Fisher and Mr. Stanley Rehder, representatives of a committee of the
Board of Realtors, addressed the Board concerning the proposed amendments to the Zoning
Ordinance relating to non-conforming uses and the pr'oposed zoning of the area surrounding
the Airport. They requested consideration of del~ing the six-month limitation on non-
conforming uses pertaining to Commercial property~/'tlie County consider "Pyramid Zoning";
and that zoning in the area of the Airport not be limited to "Industrial" and"Residential".
Chm. Davis requested that Mr. Fisher and Mr. Rehder meet with representatives of
the Planning Department and discuss the points they wanted presented to the Commissioners.
PUBLIC HEARING
Notice had been given that a public hearing would be held by the Board of Commis-
sioners of New Hanover County on Monday, August 16, 1976, at 9:30 a. m. in the Assembly
Room of the County Administration Building, 320 Chestnut Street, Wilmington, North
Carolina, to consider the following:
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE
WEST SIDE OF RIVER ROAD APPROXIMATELY 1000' SOUTH OF BRYAN ROAD (CITY OF WILMINGTON
SOUTHSIDETREATMENT PLANT SITE) FOR A TRANSMITTING TOWER IN ZONING AREA #4.
Planning Director Richard Fender reported that this tower met all the requirements
. of the FAA and that the Planning Commission and Planning Staff both recommended approval
of the Special Use Permit with the Plan as submitted and approved with the application.
Chm. Davis asked if there was anyone present to speak for or against this Special
Use Permit and no one appeared in this regard.
After the Commission had considered the followi:1.g 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 th~ 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 or 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. Wright moved, seconded by Comm. Alper, that this Special
Use Permit be issued based on the same conditions as recommended by the Planning Com-
mission. Upon vote, the motion carried unanimously.
DISCUSSION OF UPSET BID ON FOP~CLOSORE SALE
Mr. J. W. Walton, Jr. addressed the Commissionl~rs concerning the County's filing
an upset bid on property located on 17th Street formerly belonging to Ruth L. Nixon
on which Mr. Walton was the high bidder. He contended that his was the high bid and
should have been considered final.
County Manager Eller gave the background of the sale and explained why it was in
. the best interest of the County to retain this property.
County Attorney Fox explained that at a tax forE!closure sale, anyone was free to
bid. He stated that the County was not selling land and buying it back but that the
Sheriff was selling the taxpayer's interest in the property to pay the taxes.
APPROVAL OF FINAL PLAT - TURTLE HALL
This item had been tabled from the meeting of August 2, 1976.
Mr. Joe Rogers, an adjacent property owner, Mr. Harry Oakes of the Planning Depart-
ment, and Mr. Robert Williams, County Engineer appeared before the Board on this matter.
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINUED)
APPROVAL OF FINAL PLAT - TURTLE HALL (CONTINUED)
Chm. Davis reported receipt of a letter from the COlmty Attorney stating that
in his opinion if the Turtle Hall plat complied with the subdivision ordinance, its
recordation should be approved. The letter further stat~d that in the County Attorney's
opinion, he felt that the erosion and sedimentation ordi~ance was applicable to land
disturbing activities on Section 1 of Turtle Hall, consi~ting of 7 acres.
Comm. Alper moved, seconded by Comm. O'Shields, approval of the Final Plat of
Turtle Hall and that the Commissioners should keep an eye open for anything that
would happen subsequently that would be detrimental to adjacent land. Upon vote, the
motion carried unanimously.
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APPROVAL OF PROVIDING SCHOOL CROSSING GUARD AT ROLAND - GRISE SCHOOL
The City of Wilmington had discontinued providing a school crossing guard at Highway
132 and Lake Avenue. Dr. Bellamy requested that the Co~ty provide a crossing guard
at that location and Sheriff Grohman also recommended thqt the guard be provided. If
approved, the Commissioners were also requested to trans~er $1,635 from Contingencies,
Acct. #11 445 61, to Acct. #11 510 02, Salaries, in the Sheriff's budget.
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Chm. Davis moved, seconded by Comm. Taylor, approva~ of providing the school
crossing guard at Highway 132 and Lake Avenue and approvql of the budget transfer as
requested. Upon vote, the motion carried unanimously. :
APPROVAL OF OUTSIDE EMPLOYMENT FOR JUVENILE SERVICES CENTER DIRECTOR
The Commissioners were requested to approve the outside employment of the Director
of the Juvenile Services Center, James Miller. Mr. Mill~r was a substitute mail carrier
on Saturdays and occasionally duri~g the week when such ~utside employment did not
conflict with his work with the County.
Comm. Taylor moved, seconded by Comm. Alper, that the outside employment of
Mr. Miller be approved.
Chm. Davis made a substitute motion, seconded by Comm. Wright, that the outside
employment for Mr. Miller be approved for Saturdays only.
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Comm. Wright withdrew her second as Mr. Miller is supposed to be on call at all
times as Director of the Juvenile Services Center.
Upon vote, the original motion carried as follows:
Voting Aye: Comm. Alper, O'Shields and Taylor
Voting Noe: Comm. Wright and Chm. Davis
APPROVAL OF WAIVER OF DEPOSIT FOR TAXES IN BANKRUPTCY COURT - JOHN C. DREWRY, III AND
NEWELL'S LTD.
The Commissioners were requested to approve a waive~ of deposit for taxes in
the bankruptcy proceeding of John C. Drewry, III and Newell's Ltd. The property would
still be covered by a tax lien, and the value of the property was enough that it was
amply secured.
Comm. O'Shields moved, seconded by Comm. Alper, that the waiver of deposit for
taxes be approved as requested. Upon vote, the motion carried unanimously.
BUDGET AMENDMENTS - TITLE XX
The County Manager reported that after the close of fiscal year 1975/76 funds were
received for Title XX Contracts. In order to account for and legally disburse the
funds which were received, the following budget amendment~ were recommended by the
County Finance Officer:
Information and Referral Service
Revenue - Acct. #41 351 01, State $1,247.28
Acct. #41 351 02, Local 471. 73
Acct. #41 351 03, Monitor Fee 63.78
Expenditures - Acct. #41 611 91, Local 1,719.01
Acct. #41 611 92, Monitor Fee 63.78
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINUED)
BUDGET AMENDMENTS - TITLE XX (CONTINUED)
Northside Family Service
Revenue - Acct. #41 356 01, State 128.72
Acct. #41 356 02, Local 504.26
Acct. #41 356 03, Monitor Fee 22.73
Expenditures - Acct. #41 617 91, Local 672.34
. Acct. #41 617 92, Monitor Fee 22.73
Credit - Acct. #41 299 00, Unapp. Fund Balance 39.36
Consumer Credit
Reven ue - Acct. #41 352 01, State 773.17
Acct. #41 352 02, Local 2,315.90
Acct. #41 352 03, Monitor Fee 105.65
Expenditures - Acct. #41 612 91, Local 3,089.07
Acct. #41 612 92, Monitor Fee 105.65
Girls' Club
Revenue - Acct. #41 299 00, Unapp. Fund Balance 2,088.15
Expenditure - Acct. #41 616 91, Local 2,008.18
Acct. #41 616 92, Monitor Fee 79.97
Brigade Boys' Club
Revenue - Acct. #41 299 00, Unapp. Fund Balance 6,160.15
Expenditures - Acct. #41 613 91, Local 6,053.57
Acct. #41 613 92, Monitor Fee 106.58
. Legal Services
. Revenue - Acct. #41 354 01, state 3,662.27
Acct. #41 354 02, Local 1,323.58
Acct. #41 354 03, Monitor Fee 154.82
Expenditures - Acct. #41 614 91, Local 4,883.03
Acct. #41 614 92, Monitor Fee 154.82
Credit - Acct. #41 299 00, Unapp. Fund Balance 102.82
Comm. Taylor moved, seconded by Comm. Alper, t.hat the budget amendments be
approved as requested. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, 0' Shields, Taylor ar,d Chm. Davis
Voting Noe: Corom. Wright
RESOLUTION REQUESTING 1I.DDITION OF ROADS IN HICKORY KNOLL TO STATE SYSTEM
The Commissioners were requested to adopt a resolution requesting the addition
of roads in Hickory Knoll Subdivision to the State Secondary Road System. The roads
had been inspected by the Division of Highways, Planning Department and the County
Engineer and met all the requirements for addition to the State System.
Comm. O'Shields moved, seconded by CQrom. Alper, adoption of the following resolu-
tion requesting the addition of Royal Oak Drive, Balsam Drive, Darley Lane and Hickory
Knoll Road to the State Secondary Road System.
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REQUEST FOR ADDITION
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STATE MAINTAINED SECONDARY ROAD SYSTEM
WHEREAS, the attached petition has been filed with the Board of County
Commissioners of the County of New Hanover requesting that the above de-
scribed road, the location of which has been indicated in red on the attached
map, be added to the State Secondary Road System; and
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINUED)
HICKORY KNOLL ROADS (CONTINUED)
WHEREAS, the Board of County Commissioners is of the opinion that the
above described road should be added to the Second~ry Road System, if the
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road meets minimum standards and criteria establis~ed by the State Highway
Commission for the addition of roads to the System)
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
the County of New Hanover that the State Highway Cqmmission is hereby requested
to review the above described road, and to take ov~r the road for maintenance
if it meets established standards and criteria. .
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Upon vote, the Resolution was unanimously adopted.
APPROVAL OF TAX COLLECTOR'S REPORT THROUGH JULY 31, 1976
Comm. Wright-moved, seconded by Comm. O'Shields, approval of the Tax Collector's
Report through July 31, 1976. Upon vote, the motion ca~ried unanimously.
A copy of the Tax Collector's Report is contained in Exhibit Book IV, Page 7.
APPROVAL OF SETTLEMENT OF TAX COLLECTIONS FOR 1975
Comm. Alper moved, seconded by Comm. Taylor, apprO'.i'al of the Settlement of Tax
Collections for 1975. Upon vote, the motion carried unqnimously.
A copy of the Settlement of Tax Collections is contained in Exhibit Book IV,
Page 8.
APPOINTMENT OF COLLECTOR OF REVENUE
Comm. Alper moved, seconded by Comm. Taylor, the reappointment of Mrs. Janie B.
Straughn as Collector of Revenue and that she be charge~ with the 1976 tax levy. Upon
vote, the motion carried unanimously.
Mrs. Straughn's Oath of Office is contained in Exhibit Book IV, Page 9.
APPROVAL OF ABATEMENTS & REFUNDS RECOMMENDED BY STATE PFOPERTY TAX COMMISSION
The Commissioners had been furnished a list of aba~ements and refunds recommended
by the State Property Tax Commission and were requested to approve the list.
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Comm. Wright protested the reduction in valuation of property of James E. Sneeden
and Walter Sigman from $312,000 to $156,000.
Mr. Emmitt Shugart, Real Property Appraiser for the State Property Tax Commission,
appeared before the Board to answer questions concerning the recommended changes.
Comm. Wright moved to disapprove the entire list of changes recommended by the
State Property Tax commission. The motion died for lack of a second.
Comm. Alper moved, seconded by Comm. O'Shields, to accept the list with the
exception of the property owned by James E. Sneeden and Walter Sigman. Upon vote, the
motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Ch~. Davis
Voting Noe: Comm. Wright
A copy of the list of recommended changes is contained in Exhibit Book IV, Page 10.
APPROVAL OF ABATEMENTS & REFUNDS
The Commissioners had been furnished a list of abatements and refunds by the
Tax Administrator and were requested to approve the list.
The County Attorney stated that he had reviewed the classifications used to
determine the abatements and refunds and found them to be in order.
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Comm. Alper moved, seconded by Comm. O'Shields, that the list of abatements
and refunds be accepted. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
The list of abatements and refunds is contained in Exhibit Book IV, Page 11.
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINUED)
REFUND OF TAXES - WILMINGTON PONY LEAGUE, INC.
The Commissioners were requested to refund 1975 taxes in the amount of $1,775.42
paid by Wilmington Pony League, Inc. The Attorney requesting the refund stated that
the property on which the taxe~! were paid was exenpted by Act of the North Carolina
Legislature designated as House Bill 553 of the Session Laws of 1969 and by subsequent
local action.
County Attorney James Fox offered his oplnlon on this matter, and stated that if
the property did benefit a significant segment of the community it would qualify for
exemption under G. S. 105-278.7'.
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Chm. Davis moved, seconded by Comm. Taylor, that the 1975 taxes be refunded to
Wilmington Pony League, Inc. Upon vote, the motion carried unanimously.
Chm. Davis moved, seconded by Comm. Taylor, that this property owned by the
Wilmington Pony League, Inc. also be exempted from taxes for 1976. Upon vote, the
motion carried unanimously.
FUNDS APPROVED FOR RECEPTION AT OPENING OF N. C. MARINE RESOURCES CENTER
Rep. S. Thomas Rhodes and Ms. Sheila Davis, Town Manager of Carolina Beach,
appeared before the Board to request funds to help with a reception for the opening
and dedication of the North Carolina Marine Resources Center at Fort Fisher on
September 10, 1976, at 3:30 p. m.
Comm. Alper moved, seconded by Comm. Wright, 1:0 allocate $300 to use for this pur-
pose and that the funds be taken out of Miscellaneous Expense, Acct. #11 660 57, in
the non-departmental budget. Upon vote, the motion carried unanimously.
DISCUSSION OF LETl'ER RECEIVED FROM REP. RHODES CONCERNING SECONDARY ROADS
The Commissioners had received a letter from Fep. Rhodes stating that the
Secondary Roads Council would be willing to meet with the New Hanover County Commis-
sioners to discuss funding for secondary roads.
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The Commissioners requested Mr. Rhodes to get them on the agenda for the Secondary
Roads Council Meeting on Friday, September 3, 1976.
Corom. Wright moved, seconded by Chm. Davis, that Mr. Eller and any of the Commis-
sioners who could go be a delegation on behalf of the County at this meeting. Upon
vote, the motion carried unanimously.
INVITATION TO PIG PICKING TO BENEFIT FEDERAL POINT I~DICAL CENTER
Ms. Sheila Davis announced a pig picking that \rould be held to benefit the Federal
Point Medical Center. She stated that the tickets ~lere $25 and invited the coromissioners
to attend.
DISCUSSION OF COMMITTEE APPOINTMENTS
Chm. Davis stated that the Hospital Board of Tl'ustees was going to change its
composition and would advise the Commissioners when this was done.
Chm. Davis also stated that it was still planned to name people to the New Hanover
County Industrial and Pollution Control Facilities Financing Authority at the meeting
of September 7, 1976.
AWARD OF BID FOR LINE PRINTER IN FINANCE OFFICE
County Finance Officer George F. Cooper reporte:l that the following bids were re-
ceived on August 11, 1976, for a Line Printer for th::! Finance Office:
NCR Corporation
General Electric Company
c/o Communication Specialists
$4,511.10
Comm. Taylor moved, seconded by Comm. O'Shields, to award the bid to NCR Corpora-
tion in the amount of $4,511.10. Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, AUGUST 16, 1976 (CONTINUED)
DISCUSSION OF BIDS ON LIBRARY REPAIRS AUTHORIZED AT SPECIAL MEETING AUGUST 11, 1976
Comm. Wright had been unable to attend the Special Meeting of August 11, 1976, at
which time the Architect was authorized to advertise for bids for repairs to the
Library, and requested an explanation on the action ta~en.
Chm. Davis explained that basically the attorneys and architects recoromended
that the plans and specifications be put out for bids t:o determine what the cost of
repairs to the Library would be and that this did not ~n any way obligate the County
to let the work. He also stated that the repairs were to be paid from the retainage
withheld from the Contractor, Davidson and Jones, and if the cost exceeded the amount
of retainage, the County would have to come up with thE} difference.
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Comm. Taylor moved, seconded by Comm. Alper, to rcttify the action taken at the
Special Meeting of August 11, 1976. Upon vote, the mofion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
Comm. Wright stated for the record that she was voting "noe" because she felt
that the County was obligating itself too much in this matter and not having heard
the explanation of the attorneys, she did not feel sur~ that it should be done.
DISCUSSION OF APPOINTMENT TO SOUTHEASTERN MENTAL HEALTH CENTER
Comm. O'Shields reported that the appointee to th~ Southeastern Mental Health
Board had to fill a certain category.
County Manager Eller pointed out that the Statute 'relating to the area Mental
Health Centers provided that the Commissioners of each County only appointed one
person to the area Board and that person was empowered to appoint the people who
represented the various interests set forth.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Taylor, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 11:40 o'clock a. m.
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Respectfully submi~ted, J
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Alyce B. Brown
Clerk to the Board
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MINUTES OF SPECIAL MEETING, AUGUST 31, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Tuesday,
August 31, 1976, at 9:30 o'clock a. m. in the Assembly Room, New Hanov~r County Adminis-
tration Building, 320 Chestnut Street, Wilmington, North Carolina, for the purpose of
considering a Contract for telephone service in the new Law Enforcement Center and to
consider a contract for the Sheriff's Department to provide law enforcement services
to the Town of Kure Beach.
Members present were Commissioners George E. Alper; Claud O'Shields, Jr.;
Vivian S. Wright; Chairman Peter R. Davis; County Manager Dan W. Eller; and Clerk to
the Board, Alyce B. Brown. Comm. William C. Taylor arrived later in the meeting.
Chm. Davis called the meeting to order.
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