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1973-07-02 Regular Meeting~~~ . MIN[TTES OF MEETING, JULY 2, ~9~3 - 8:3o n.M. ASSEI`?BLY ~ The New Hanover County Board of Commissioners met in regular session on Monday, July 2, ~973, at 8:30 A.M. in the Assembly Room, County Commission Building, Wilmzngton, North Carolina. Members present were Commissioners Peter R..Davis, J. M. Hall, Jr., W. Douglas Powell, Vivian Wright; Chairman M. H. Vaughan; County Manager,Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. Chairman Vaughan called the meeting to order. Commissioner Davis offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, NNE '18,.'1973 ~ Chairman Vaughan requested the following additions: On Page 2, to be added to the last paragraph under Request From Brigade Boys' Club, "The representatives o£ the Brigade Boys' Club, Mr. Green, Mr. Ormsby, and Mr. Montgomery, said that postively, in the future, they would not come to the Commission for operatin~ funds for the Boys' Club." On Page 3, third paragraph under Request from Seagate Saddle Club, change "County Engineer" to "County Chairman." , Upon motion by Commissioner Powell, seconded by Commissioner Davis, the minutes of June '18, '19~3, were unanimously approved as amended. REPORT ON TANGLEWOOD DITCH Mr, xichard Epling, Count9 EYigineer, stated that he was not prepared to make a definite recommendation to the Board but would report back at the July '16, ~973 meeting. NEIGHBORHOOD YOUTH CORPS Commissioner Wright stated Action Agencies would be funded the Manpower Council was trying ~ Chairman Vaughan requested from the Manpower Council to th that there was a question as to whether the Community for the Neighborhood Youth Corps. She stated that to find alternate sponsors. that Commissioner Wright send a copy of the letter, > other Commissioners for action at a later date. MEDICARE AND MEDICAID Mr. Patrick U. Ross, County Auditor, stated that the County had received a re- fund of $5,83'1.20.::from the Blue Cross and Blue Shield Medicare and Medicaid program as a settlement on the '1969-~970 Medicare-Medicaid. He stated that a bi11 had been received from.them £or ~2,432 under Medicare and $282 under Medicaid for the ~9~0-~9~~ program. He requested permission to re- duce revenue in that amount and send them a check. Upon motion by Commissioner Davis, seconded by Commissioner Hall, the County Auditor was unanimously authorized to do this. . PAYiir,iv•1• OF PUBLIC EMl'I,Gxi°~ivP PROGRAM ~LOYEES Mr. Patrick G. Ross, County Auditor, stated that due to the end of the fiscal year, the money to pay the Public Emplo,yment Program employees had not been received and requested the use of $'10,038.84 to pay these employees, funds to be replaced as soon as payment arrived. Upon motion by Commissioner Wright, seconded b~ Commissioner Hall, this request was unanimously granted. . REQUEST FOR SALE OF COUNTY & CITY PROPERTY Mr. Larry Poweil, Tax Administrator, stated that he had received an offer to purchase Block 'I'1~, Part I,ot 'I, 5'10 Ann Street, for'$600, its appraised value, and requested permission to sell this property in accordance witli the County policy. This request was denied in order to give the Chairman a chance to look at the property. REQ.UEST FOR EX•i•~iva20N OF TIME ON TAX FORECIASURE Upon motion by Commissioner Davis, seconded bg Commissioner Powell, an extension of ninety (90) days was unanimously granted by the Commissioners present to Mr. Robert F. Gaines, represented by Attorney James D. Carr, on property at the southwest corner of Miller and Anderson Streets. Commissioner Wright had temporarily left the room. APPOINTNLENT OF COUNTY TA% SUPERVISOR Upon motion by Chairman Vaughan, secorided by Commissioner Davis, Mr. Larry J. Powell was unanimously appointed Tax Supervisor for New Hanover County in accordance with G.S. '105-294 by the Commissioners present. Commissioner Wright had temporarily left the room. DESIGNATION OF OFFICIAL NE41 HANOVER COUNTY AIRPORT HEIGHT ZONING MAP Mr. Neil Mallory, Planning Director, presented the Airport Height Zoning Map for the Chairman's signature, to be attested by the Register of Deeds, designating it as the o£ficial Airport Height Zoning PSap. Upon motion by Commissioner Davis, seconded by Commissioner Powell, Chairman Vaughan was unanimously authorized to designate this as the official.Airport Hei~ht Zoning Map. APPOINTMENT OF MII"iBER TO BOARD OF TRUSTEES • NEW IiANOVER COUNTY RETIREMENT SYSTENi Mrs. Charles A. wilkinson was appointed to serve on the Board of Trustees o£ the New Hanover County Retirement System for a two-year term. ~4~~ MINiT'1'ES OF MEETING, JULY 2,, ~973 - 8~30 A.M. (CONTINUED) REPORT ON LOCAL FINANCE BULLEfiIN Mr. J"ames C. Fox, County Attorney, reported on the June, ~973, Local Finance Bulletin published by the Institute of Government. This bulletin dealt with the Zocal Government Budget and Fiscal Control Act, which became e£fective July 'I, '1973. EXCISE STAP~ TAX ON CONVEYANCES Mr. James C. Fox, County Attorney, stated that he had sent a suggested form to Mrs. Lois LeRay, Register of Deeds, for o6taining transferee's address and excise taxes. Chairman Vaughan moved, seconded by Commissioner Powell, that the County carry through with this on a form that Mr. Fox and Mrs. I,eRay could agree on, preferably with a signature. Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Chairman•Vaughan Voting Noe: Commissioner Wright PUBLIC HEARING: REZONING SPEGIAL USE PERMIT REZOIVING APPEAI,S FROM THE PI~AiuiviiuG COMMISSION Chairman Vaughan opened the Yublic Hearing for discussion. Mr. Neil Mallory, Planning Director, presented the followin~ rezoning requests: Rezonin~ 'I: Property on the south side of Gordon Road approximately 300 feet east of the intersection of Gordon Road and N.C., Hwy. '132 (North College Road) from R-'15 (Single Family District) to B-'I (Business District) in Zoning Area ,#8B. Mr. Mallory stated that this request had been approved by the Planning Department and the Planning Commission. Com~issioner Powell moved, seconded by Commissioner Davis, that this rezoning request be approved. Upon vote~ motion Carried unanimously. (Ordinance rezonirtg this property is contained in Zoning Ordinance Book I, Section 8B, Page 4.1 Rezonin~ 2: Property on the southeast side of Masonboro Loop Road at the intersection of Masbnboro Zoop Road and Greenville Loop Road from R-'I~ (Single Family District) to B-'I (Business District in Zoning Area ~}9B. Mr. Mallory stated that this request had been approved by the Planning Commission. Mr. Mallory,stated that the Planning Department had recommended denial because when this area had been zoned originally, the Planning Commission had decided not to recommend additional business zoning on the west side of Masonboro Zoop Road based on the narrow road, unsafe in- tersection, and existing residential uses in that area. Mr. Harry Stovall, Petitioner, stated that he was requesting rezoning because the area was currently being used as an office. He stated Yurther that he was not requesting spot zoning but an extension of the B-'I zoning across the street from the ~roperty. Mrs. Marvin E. Huddleston and Mrs. William T. Malpass, both of Brightwood Road, stated that their property abutted this property and requested that this rezoning request be denied. Commissioner Powell moved, seconded by Chairman Vaughan, that this request be denied based upon the recommendation of the Planning Department, the concern of the neighbors in the area, and the traffic in the area. Upon vote, motion carried unanimously. Mr. Mallory presented the following request for a Special Use Permit: Special Use Permit 'I: Application for Special Use Perm:i.t to use property on the west side of Masonboro Zoop Road approximately 400 £eet north of the intersection of S.R. '1523 and Masonboro Loop Road for a greenhouse, plant nursery and sales in a R-15 (Single Family District) in Zoning Area ~/4. He stated that the Planning Commission had considered this request at their meeting of June 6, '19'73, and took the following things into consideration, as specified by the zoning ordinance. a. That the izse will 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 meets all required conditions and specifications; c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmoney with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Mr. Mallory stated that after taking these four items into considera•tion, the Planning Commission had recommended to the County Commission that the Special Use Permit be issued subject to the following: • a. Map submitted with the application showing land utilization; and b. That the sale of a~y commodities be limited to only those produced on this property. ~~~~~ MIPNTES aF MEETING, JULY 2, ~973 - 8~30 A.M. (CONTINUED) PUBZIC AEARING (C~NTINUED) . Commissioner Powell moved, seconded by Commissioner Aall, that this Special Use Permit be issued. Upon vote, motion carried unanimously. ~ Mr. Mallory presented the following rezoning appeals from the recommendation oY the Planaing Commission: , Rezonin~ Appeal 'I: Property on the west side of Englewood Drive , between Oleander Drive and Brenda Drive from R-'15 (5ingle Family District) to B-2 (Business - District) in Zoning Area {~B. Mr. James Z. Nelson, Attorney at Law; appeared on behal£ of the petitioner, Dr. Gerald D. Hardison. By common consent, Commissioner Hall was excused from voting on this issue as Mr. Nelson was his son-in-law. The following residents were among a group from the neighborhood who appeared before the Board to request that thi.s rezoning request be denied -- Mrs. Larry Colvin, Pearl Foster, Joyce Vietto, Zewis 5asser and Dave Snively. Commissioner Davis moved, seconded by Chairman Vaughan, that this issue be tabled until a time when Dr. Hardison,could work with the residents of the area and come up with something that would be equitable to all. Upon vote, motion carried as follows: ~ Votixg A9e: Commissioners Davis, Powell and Chairman Vaughan ~ " Voting Noe: Commissioner Wright Abstaining: Commissioner Hall , Commissioner Powell moved, seconded by Chairman Vaughan, that this issue be tabled until the Yirst meeting in August. Upon vote, motion carried as follows: ~ Voting Aye: Commissioners Davis, Poweii and Chairman Vaughan Voting Noe: Commissioner Wright Abstaining: Commissioner Hall Rezonin~ Appeal 2: Property on the north side of Greenville Zoop . Road approximately 900 feet east of the inter- section of Clearbsook:. Drive and Greenville Zoop Road from R-'15 (Single Family District) to B-'I (Business Distriet) in Zoning Area ~{9B. Mr. Mallory stated that the Planning Department and the Planning Commission had recommended that this request be denied. Mr. David C. Barefoot, Attorney at Law, appeared on behalf of the petitioner, Mr. Joseph M. Hines: Chairman Vaughan presented a letter from Mr. William L. Hill, II, Attorney at Law, with a petition signed by many property owners and residents on the Greenville Loop Road who opposed changing the zoning of this property from residential to business. Mr. William 0. J. Zynch, Attorney at Law, appeared on behalf of those opposing the request. Chairman moved, seconded by Commissioner Powell, that this rezoning request be denied. Upon vote, motion carried unanimous~ DISCUSSION OF EROSION CONTROL ORDINANCE By common consent, it was agreed to wait until the North Carolina General Assembly reconvened in January, '19']4, to get legislation passed for local erosion control. COivvrauTION OF NATIONAL ASSOCIATION OF COUNTY COMMISSIONERS Chairman Vaughan stated that he planned to attend the annual convention in Dallas~ of the National Association of County Commissioners. RESOLUTION SUPPORTING J. RICHARD CONDER FOR 4TH VICE PRESIDENT OF THE NATIONAL ASSOCIATION OF COUNTIES By common consent, the following resolution was adopted by the Board: WF~REAS, J. Richard Conder is a candidate for the 4th Vice President of the National Association of Counties, and WHEREAS, the North Carolina Association of County Commissioners has urged each North Carolina County to adopt a resolution in support o£ the candidacy of J. Richard Conder, and WE~REAS, J. Richard Conder has diligently and effectively served the Counties of North Carolina, and WHEREAS, the New Haiover County Board of Commissioners is appreciative of his ef£orts and is convinced that he would faithfully represent New Hanover County and all other North Carolina counties, ~ ~~~ MINUTES OF MEETING, JULY 2, ~973 - 8:3o A.M. (CONTINUED) RESOLUTION SUPPORTING J. RICHARD CONDER (CONTINUED) THERE.~'ORE BE IT RESOZVED, that the New Hanover County Board of Commissioners does hereby give its £ull support and endorsement to J. Richard Conder for 4th Vice President of the National Association o£ Counties. Dated at Wilmington, North Carolina, this 2nd day of July, ~973. Chairman Attest: Clerk to the Board APPOINTMENT OF MII'1BER5 TO CAPE FEAR COUNCIZ OF GOY~,xtvi~.NTS Chairman Vaughan moved, seconded by Commissioner Wri~ht, that Commissioners Davis, Hall and Powell be reappointed to serve on the Cape Fear Council of Governments for one-year terms effective July 1, 19~3. Upon vote, motion carried unanimously. ADOPTION OF INTERIM BUDGET Commissioner Hall moved, seconded by Chairman Vaughan, that the interim budget as pre- scribed by the General Statutes be adopted and that expenditures for necessary governmental £unetions be made on the same Yinancial level as they had been for the previous year until the adoption o£ the regular budget. Upon vote, motion carried unanimously. NEW HANOVER I`TEMORIAL HOSPITAL BOND ISSUE Commissioner Hall moved, seconded by Commissioner Wright, that the Board authorize and direct the County Attorney to go to the Bond Attorneys in New York and prepare a suitable bond election resolution so that it may have ample time for a21 necessar9 dissemination of information and to comply with the laws ~overning these elections. Upon vote, motion carried unanimously. DISCUSSION OF C.APE FEAR TECFII~IICAL INSTITUTE BONDS Mr. ~Iler, County Manager, was directed to determine v~hether or not the Board had taken action to sell the Cape Fear Technical Institute Bonds. He was further directed ~o determine the time schedule for issuing the bonds, ADJOURNMENT Commissioner Aall moved, seconded by Commissioner Powell, that the meeting be adjourned. Upon vote, motion carried unanimously. Chairman Vaughan adjourned the meeting. Respectfully submitted, ~'~. a~~ ~ ~ 5 %J Zise x. King Clerk to the Board I~KK : wg MINUTES OF SPECIAZ MEETING, JUI,Y 9, ~973 - 9~0o A.M. ASSEMBZY The New Hanover County Board oY Commissioners met in special session on Monday, July 9, ~973, at 9:00 A.M., in the Assembly Room, County Commission Building, Wilmington, North Carolina, to hold a public hearing on the proposed New Hanover County budget for the fiscal year ~973-~974. Members present were Commissioners Peter R, Davis, J. M. Ha11, Jr., W, -ouglas Powell, Vivian S, Wright; Chairman M. H, Vaughan; County Manager, Dan W. Eller; and Clerk to the Board, I,ise K. King. Chairman Vaughan called the meeting to order. PUBLIC HEkRING ON PROPOSED '19'~3-'1974 BUDGET Chairman Uaughan asked ii members oY the audience wished to address the Commissioners on the proposed budget. Mr, Patrick G. Ross, County Auditor, presented the Board with a resolution for adoption o£ the budget and an amendment to the budget showing the changes that had been made. Cammissioner Hall expressed the sentiment ~ha~C he did not feel the tax rate was sacred and that he would not be able to justify a decrease in the tax rate as the Commission was aware of things that they would be faced with in the coming years. Mr. H, C. Wallace and Mr. Joe Rogers appeared on behalf of the New Hanover County Tax- payers Association and requested a 4 percent reduction i~s,,the total budget. Commissioner Davis stated that the budget had been studied on a line-by-line basis and would have to be cut in the same manner. He asked that the representatives of the Taxpayers Association be specific in their request £or a budget cut instead of the general request for a 4 percent reduction in the total bud~et.