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1976-08-16 Regular Meeting / (11G I ! / u 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. ~) 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", ! 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. rJ 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". 1)1 // 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 II h . , ' , S erlff s Department Budg(~t", the motion that she had made also included approval of the reclassification for Mr. Roggina. ~ --'" 177 .., 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. ~ (178 I I', ,/. / I 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. I) 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. i 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. G / 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 r-\ ) ~.. 1.79 ~ 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. . REQUEST FOR ADDITION TO 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 ~ ( I?/CJ 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 , 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. . ~. / 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. ~ J / 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. I) 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. ~ ,., ~ .~.! I 1') ~';.~ 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'. . 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. '. 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. ...oliIlI (/ 11?;l. / . ~ 0" 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. \ f) 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. I) Respectfully submi~ted, J ~~-/5.~ Alyce B. Brown Clerk to the Board ab 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. I) ~