1973-12-17 Regular Meeting~~~
MINUTES OF REGULAR MEETING, DECEMBER 17, 1973
ASSEMBLY
The New Hanover County Board of Commissioners met in regular session on Monday,
December 17, 1973,'at 9:00 AM in the Assembly Room, County Commission Building, Wilmington,
North Carolina. ~
Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County
Manager, Dan W. E11er; and Clerk to the Board, Lise K. King.
Chairman Powell called the meeting to order.
Rev. John Futchs offered the invocation.
LETTER PROTESTING REMOVAL OF COAST GUARD CUTTER
By common consent, Chairman Powell was authorized to write the United States Coast
Guard protesting the removal of the Coast Guard Cutter and requesting that one be stationed
in Wilmington.
RESOLUTION COMMENDING COAST GUARD •
By common consent, the resolution commending the Coast Guard was approved as amended
to include Wilmington.
TRANSFER OF FUNDS - CIVIL PREPAREDNESS
Andrew H. Harriss, Jr., Civi1 Preparedness Coordinator, had requested that the sum
of $500 be transferred from the Salaries and Wages Account (11 525 02) to a new account,
Energy Field Agent Expense (11 525 99) so that all additional expenses relative to the
Governor's Energy Panel could be accounted for separately.
Commissioner Hall moved, seconded by Chairman Powell, that this request be approved.
Upon vote, motion was approved as follows:
Voting Aye: Commissioners Davis, Hall and Chairman Po,well.
Voting Noe: Commissioner Wright.
Absent: Commissioner Vaughan.
COMPENSATION FOR JURY COMMISSIONERS
Mr. James G. McKeithan, Clerk of Superior Court, appeared before the Board to request
that they set the compensation for the members of the Jury Commission. He recommended that
this fee be set at $300 each rather than the $500 paid in 1971 because less time was
required this year than in 1971.
Commissioner Davis requested that he be allowed to abstain from voting on this.
issue as his father was a member of the Jury Commission.
Commissioner Hall moved, seconded by Commissioner Wright, that Commissioner Davis
be allowed to abstain on this issue. Upon vote, motion was approved as follows:
Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell.
Absent: Commissioner Vaughan.
Commissioner Wright moved, seconded by Commissioner Hall, that the compensation for
the members of the Jury Coitmiission be set at $300. Upon vote, motion was approved as
follows:
Voting Aye: Commissioners Hall, Wright and Chairman Powell.
Abstaining: Commissioner Davis.
Absent: Commissioner Vaughan.
TRANSFER STATION - WASTE INDUSTRIES, INC.
County Manager Eller reported that Waste Industries, Inc., had agreed to place a
transfer station in the area of the Carolina Beach landfill. He recommended that the
Commissioners agree to an amendment to the contract that would stipulate that, should
the contract be terminated prior to the expiration date of it, the County would reimburse
Waste Industries any unamortized cost on these site improvements.
County Manager Eller also requested authorization to apply for an extension of the
license on the Sunny Point property to be used for the transfer station.
Commissioner Davis
through the County Mana
that Land for as long a
authorized to draw up a
site which could not be
terminated. Upon vo~te,
moved, seconded hy Commissioner Hall, that the County Attorney,
;er, ask for an extensi_on in the term of the County's control of
period as could be obtained and that the County Attorney be
contract in which capital improvements would be amortized on the
moved or utilized by Waste Industries if the contract were
motion carried as follows:
Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell.
Absent: Commissioner Vaughan.
DISCUSSION OF TRANSFER FOR COURT OF JUSTICE FUND
County Manager Eller reported that there-was presently budgeted in the Clerk of
Court budget an item entitled Purchases for Inventory to provide law books for the County
Law Library purchased through a subscription service. He stated that it would, therefore,
be appropriate that this item be changed from Purchases for Inventory to Dues and Sub-
scriptions.
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MINUTES OF REGULAR MEETING, DECEt~BER 17, 1973 (CONTII1UEll)
DISCUSSION OF TRANSFER FOR COURT OF JUSTICE FUND (CONTINUED)
As this account haci a balance oY $"1.93 and it was anticipated that an additional
$3,000 would be needed to continue the subscriptions and keep the Library current, he
recommended that the sum of $3,000 be transferred from General Fund Contingencies
(11 445 G1) to a new account, Dues and Subscriptions (17 516 53), and that the budget
item, Purchases for Inventory, be deleted and that $2,000 previously appropriated for
this item be included in the Dues and Subscriptions item.
After a brief discussion regarding why these funds were not appropriated at
budget time when Mr. James G. McI' i han, Cler}.c of Superior Court, seemed perfectly
satisfied with the appropriation~~~d been made, Chairman Powe11 requested that
Commissioner Wright check into this and answer the questions that had been raised by
the Commission.
Commissioner Vaughan arrived after this item.
AUTHORIZATIOid TO DISTRIBUTE PAYCY:ECKi OId DECEAfIiEP. 21_, 1973
Commissioner Wright moved, seconded by Commissioner Davis, that the Count~ Auditor
be authorized to distribute the paychecks on December 21, 1973, rather than December 28,
1973. Upon vote, motiori carried unanimously.
APPP.OVAL OF P4IP?iITES: SPECIAL I•~ETItdG, PdOVEP4BER 26, 1973
Chairman Powell requested that on Page 530 under "Discussion of Recreational
Facil~ties," para~raph one, line two, "amendahle" be changed to "ametiable."
Commissioner Ha11 moved, seconded by Comnissioner Wright, that Lhe minutes be
approved as amended. Upon vote, motion carried unanimously.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 3, 1973
Commissioner Vaughan requested that on Page 534 under "Approval of Proposed School
Sites" under Site no. 2, the recorci show that Dr. Bellamy was asked if the school were
being placed there because the property was being r3onated and he stated that.definitely
this was not a consideration, that the geographical location of the site itself caas
the consideration for putLing the school there.
Comrsissioner 4;rig'nt requested that on Page 531 under "~lection of Chairman and
Vice Chairnan" that she be recorded as votin~ for Comrnissioner Vaughan as Chairman.
C~r:unissioner tidright requested that on Page 532 under tYie end of the first Public
Hearing where Mr. Colson's absenses at the Planning Comrnission neetings had been dis-
cussed, that the record show that she had asked that the others who had been absent
be checked as to whether or not they ~aere County appointees.
Comr.iissioner k7right re~uested that on Page 53S under "Approval of Proposed School
Sites," under Site No. 1, that the record show that Dr. Bellamy had actually requested
190 acres and had cut it back to 90 acres after discussion.
Commissioner Wright requested.that on Page 534 under "Discussion of Jurisdiction
over Pupi1 Assignments that the record show that she was referring specifically to
Senator Helras' bill entitled "Public Schools Jurisdictiorial Act."
Co~nissioner Davis requested that on Page 534 under "Discussion of ~:imberly-Scott
Corporation" that the record show that he had stated that he had brought up the problem
of county-wide drainage as far back as August and a request had been made and that this
was a continuing problem the County had to meet.
Commissioner Davis reouested that on Page 535 under "Resolution Regarding Trans-
portation Planning" the record show that he did not vote for this resolution.because
he did not feel that enough detail had been presented and was scared of the third
Leve1 of government.
Commissioner Davis requested that on Pa;e 536 under "Acceptance of Audit for Year
Ended June 30, 1973 the record show that it had been asked if the audit showed that
everything was in order and there had been nothing improper done and the audit had
shown this. Comr~.issioner Vau~han re~uested under this same item that the record show
that he haci stated that he had talked to the auditors and they had stated that the audit
revealed the situation in the County Auditor's.of_f_ice to be essentially as it oaas in
previous years except that they did not feel sufficient attention had been given to
detail.
Conu_~issicner Lavis moved, seconded by Cor~miissioner Ha11, that the minutes be
approved as amended. Upon vote, motion carried unanimously.
PUBLIC FiEARING
Chairman Powe11 opened the Public Hearing to discussion.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY AT iHE NORTHWEST AND
SOUTAWEST INTERSECTION OF CAROLINA BEACH ROAD (U. S HWY 4'L1) At1D Mc~UILLAN llhiv~:
FROP~ R-15 (SINGLE FAP4ILY DISIRICI TO B-1 BUSIPJESS DISTF.ICT) I~] ZONIPIG AREA ~~4.
This itev~ hac been tabled by the Commission at their meeting of December 3, 197~,
because it was not legally before them in that 30 days had not passed since it had
been heard by the Planning Commission but not approved by a majority of their quorum.
Mrs. Judy Schillmoller, Acting F?anning Director, stated that this had been heard
by the Planning Commission at their meeting of November 7, 1973.
Mr. Addison Hewlett, Jr.,. Attorney at Law, appeared before the ~oard representing
the Petitioner, Mr. Ivan McQuillan, who also appeared before the Board.
~4`?
MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED)
PUBLIC HEARING (CONTINUED)
Chairman Powell asked if there were anyone present to oppose this rezoning request,
and no one spoke 'in opposition.
Commissioner Wright moved, seconded by Commissioner Davis, that this request be
approved. Upon vote, motion carried as follows:
Voting Aye: Commissioners Davis, Hall and Wright.
Voting Noe: Commissioner Vaughan and Chairman Powell., (Ordinance rezoning this property
is contained in Zoning Ordinance Book I, Section 4, Page 10.)
Commissioner Vaughan stated, for the record, that it was not the responsibility of
the Commission to make it possible for every citizen to realize high prices being offered
for his land by investors or speculators.
PUBLIC HEARING TO CONSIDER,AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD (S. R. 1492) AND S. R. 1521 FOR A
CHURCH ADDITION IN ZONING AREA ~~4.
This item had been tabled by the Commission at their meeting of December 3, 1973,
because it was not legally before them in that 30 days had not passed since the request
had been heard by the Planning Commission but not approved by. a majority of their quorum.
Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission
had heard this request at their meeting of November 7, 1973, and had reco~nended that the
request be approved subject to the plan as submitted with the application.
Chairman Powell asked if there were anyone present to oppose the issuance of this
Special Use Permit and no one spoke in opposition.
After the Commission had considered the following four items: (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 condi-
tions 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 loca-
tion 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, Commissioner Vaughan moved, seconded
by Commissioner Wright, that this Special Use Permit be issued subject to the plan as sub-
mitted with the application. Upon vote; motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COM-
MI~~iUiv rU xr:~UiVr, rtcUY~;h'1'Y LUCATED AT THE NORTHEAST INTERSECTION OF OLEANDER DRIVE
(U. S. HWY. 76) AND 51ST STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS
DISTRICT) IN ZONING AREA 4~9B. (See Page 548 for Additions.J
This request was tabled by the Commission at their meeting of December 3, 1973, at
the request of the Petitioner, Mr. Dennis V. Thomas.
Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been
heard by the Planning Commission at their meeting of November 7, 1973, and that they had
recommended that this request be denied.
Mr. Dennis V. Thomas, the Petitioner, appeared before the Board to ask that this rezoning
request be approved.
Commissioner Ha11 moved, seconded by Commissioner Davis, that this request be denied.
Upon vote, motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF. THE PLANNING COMMISSION
TO REZONE PROPERTY ON THE WEST SIDE OF AZALEA DRIVE BETWEEN PARK AVENUE AND OLEANDER DRIVE
(U. S. HWY . 74 & 76) FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BU~livr.SS DISTRICT) IN
ZONING AREA ~~6. `
Mrs. Judy Schillmoller, Acting Planning Director, stated that this request had been
heard by the PLanning Commission at their meeting of December 5, 1973, and that they had
recommended that this request be denied.
Mr. Richard D. Williams, President of the New Hanover Humane Society, Inc., and
Mr. James G. Gurganious, Vice President of the Society, appeared before the Board to ask
that this request be approved so that the Society could build an animal shelter on the
property. ,
Commissioner Wright moved, seconded by Commissioner Hall, that this item be tabled
until the meeting of January 7, 1974, and that Commissioner Hall and County Manager Eller
be designated to check out the old location and the proposed new location. Upon vote,
motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION.OF THE PLANNING COMMISSION
TO xn~UiVn rKUY~Krr UN 'THE WEST SiDE OF 53RD STREET BETWEEN WRIGHTSVILLE AVENUE AND PARK
AVENUE FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&I (OFFICE AND INSTITUTIONAL) IN ZONING
AREA ~k9B.
County Manager E11er presented a request from Attorney A. Y. Lennon requesYlig that
this public hearing be continued to the meeting of January 7, 1974.
Upon motion by Commissioner Wright, seconded by Commissioner Davis, this request for
continuance was unanimously granted.
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MINUTES OF REGULAR MEETING, DECENiBER 17, 1973 (CONIINUEll)
PUBLIC HEARING (CONTINU~D)
PUBLIC HEP_RING ~U ~UNSIDER A REQUEST TU ~EZONc PkOPERTY ON THE WEST SIDE OF
S1'ATI~iv xutili ~E1WEEiv u. 5. HWY. 1/ AND iQORT&WOOD DRIVE FROM R=15 (SINGLE FAMILY DISTRICT)
TO B-Z (BUSINESS llISTRICT) IN "LONIIvG AKEA ~p6.
l~trs. Judy Schil1mo11er, Acting Planning Director, stated that the Planning Commission
had heard this request at their meeting of December 5, 1973, and had recommended that
this request be approved.
Mr. HerberL T. Fisher, the Fetitioner, appeared before the Board to request approval
Cnairma:i Fowell asked if tnere were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Commissioner Wright moved, seconded by Commissioner Ha11, that this request be
approved. Upon vote, motion carried unanimously. (Ordinance rezoning this property is contained
in Zoning Ordinance Book I, Section 6, Page 10.)
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE FERMIT TO USE PROPERTY
APPROXIMATELY 950 FEET NORTAEAST OF EASTWOOD ROAD (U. 5. HWY. 74) AND APPROXIMATELY 250
rEr,T SOUTH OF BKETONSHIRE ROAD IN THE WIIQDr~NERE SUBDIVISION FOR A YLAYGROUND IN ZONING
AREA ~k9B,
ifrs. Judy Schillmoller, Acting PLanning Director, stated tnat the Flanning Commission
had heard this request at their meeting of December 5, 1473, and had recommended that this
request be approved based on the following conditions:
1) rlan as submitted for application for Special Use Permit
2) Area for playground will not be used for parking
3) A fence be placed around the perimeter of the playground
4) Subject to adequate drainage design and construction to be approved by the County
Engineer and to be revocable after one year.
Chairman Powell asked if there were anyone present to oppose the issuance of this
Special Use Fermit, and no one spoke in opposition.
After tne Commission had considered the following four items: (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 a11
required conditions and specifications; (c) that the use would not substanti211y injure
the value of adjuining 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 coniormity with the plan of developu-~ent ror Pdew Hanover County,
Commissioner Davis moved, seconded by Commissioner Wright, that this Special Use Permit
be issued based on the conditions recommended by the Planning Commission. Upon vote,
motion carried unanimously.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
AT 114 HILLSDALE DRIVE FOR A HOME OCCUYATION IN ZONING AREA ~~9B.
Mrs. Judy Schillmoller, Acting Planning Director, stated that the Planning Commission
had heard this request at their meeting of December 5, 1973, and had recommended that this
Special Use Permit be issued based on the following conditions:
' 1) Plan as submitted tor application for Special Use Permit
2) That there be no ourside storage o£ materials
3) That the home occupation activities be conducted in conformity with the require-
ments of the Building Inspection Division.
Mr. R. J. Floyd, the Petitioner, appeared hpfore the Board to ask that this Special
Use Permit be issued.
Chairman Powell asked if there were anyone present to oppose the issuance of this
Special Use Permit, and no one spoke in opposition.
After considering the following four items: (a) that the use would not materially
endanger the public health or safety if located where proposed and developed according
to tne 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 subu~itted and approved, would
be in harmony with the area in whicn it was to be located and in general conformity with
the plan of developt'~7ent for New Hanover County, Commissioner Wrignt rnoved, seconded by
Commissioner Davis, that this Special Use Permit be issued based on the conditions as
recommended by the Planning Commission. Upon vote, motion carried unanimously.
YUBLIC HEARING TO CONSIDER AN APPLICATIOld FOR A SPFCIAT,TTSR PER.MIT T4 USE PROPEATY
ON THE NORTA SIDE OF WRIGHTSV1LLr. AV~;IvU~ BETWEEN NacMILLAN AVEIdUE A1~D 4oTH STREET FOR A
CHJRCfi AllDITIGN IN ZONING AREA ~f9B.
Mrs. Judy Schil.lmoller, Acting Planning Director, stated that the Planning Commission
had 'neard this request at tneir meeting of December 5., 1973, and had recommended that this
application be approved subject to the plan as submitted.
Chairman Powell asked if there were anyone present to oppose the issuance of this
Special lise Pex-r~it, and no one spoke in opposition.
After the Commission had considered the following four items: (a) that the use would
A
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MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED)
PUBLIC HEARING (CONTINUED)
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 condi-
tions and specifications; (c) that the use would not substantiaTly 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, Commissioner Davis moved,
seconded by Commissioner Wright, that this Special Use Permit he issued based on the
plan as submitted with the application. Upon vote, motion carried unanimously.
PUBLIC HEARING TO CONSIDER ADOPTION OF A SEDIMENTATION POLLUTION CONTROL ORDINANCE
FOR NEW HANOVER COUNTY.
County Manager Eller reported that the ordinance which had been distributed to the
Commissioners and available in his office to the general public had been prepared by the
North Carolina Sedimentation Control Commission as a model ordinance and was the minimum
that the Commission would accept.
He stated further that the law was permissive in that Local governments could adopt
and enforce a 1ocaT ordinance if they chose to do so but that the State would enforce
their regulations anywhere that local governments did not take action. He stated further,
in this regard, that the State had not adopted its regulations but would begin public
hearings across the State in February of 1974 so that they would be in position to
enforce their regulations in July of 1974 in places where the local governments had not ~
chosen to adopt and enforce their own ordinance. He said that the first question that
would have to be decided by the Board was whether they wanted to enforce regulations
locally to control soil erosion and sedimentation or allow the State to do it. He stated
that the second point that needed to be decided was whether, if adopted 1oca11y, this
would be a county-wide ordinance or would exclude the municipalities; and, third, how
much staff would be necessary to enforce the ordinance.
Chairman Powe11 stated that he had discus,sed this with Mr. Clarence B. Shimer,
Coordinator of the Sedimentation Control Commission, who had recommended that New Hanover
County use the model ordinance as a"base because it probably would not fit the County`s
specific situations and had recommended further that a citizens' committee, such as the
one appointed to review the Environmental Impact Ordinance, would be a good mechanism to
see that the ordinance did accomplish what was needed in New Hanover County.
Mr. Samuel Cox, Soil Conservationist, appeared before the Board to encourage adoption
of an ordinance locally applicable to New Hanover County.
Commissioner Wright requested that the committee appointed to study the Environmental
Impact Ordinance put this item as their first order of business.
Commissioner Davis recommended that representatives from the City of Wilmington be
brought into these discussions in the hopes that there could be one ordinance to cover
the entire County.
Commissioner Wright stated that she thought each of the municipalities should be
asked to send a representative to meet with this committee to work toward one general
ordinance.
By common consent, Chairman Powell was requested to contact the municipalities
explaining the make-up of this courcnittee and asking them to appoint a representative
if they were compatible with the concept of the ordinance.
Mr. J. D. McCarley, Jr., Chairman of the Lower Cape Fear Soi1 and Water Conservation
District, appeared before the Board'to offer their services.
Mr. Darryl E. Wi1ey of the Cape Fear Sierra Club appeared before the Board to affirm
his group's support of the adoption of such an ordinance.
By common consent, the Board agreed to ask the Lower Cape Fear Soil and Water Con-
servation District group to prepare a basic structure to present to the citizens' committee.
Mr. Paul Gregory, President of the Homebuilders Association, appeared before the
Board to urge them not to pass the model ordinance but to wait until the State came out
with a model that was.specific.
Commissioner Vaughan moved, seconded by Chairman Powell, that the Board specifically
declare.its intent to develop,either alone or in conjunction with the municipalities of
the County, a sedimentation control plan. Upon vote, motion carried unanimously.
Chairman Powe11 closed the Public Hearing to discussion.
RELEASE OF CASH BOND - MARQUIS HILLS SUBDIVISION, SECTION 8
Mr. Franklin N. Jackson, Attorney at Law, appeared betore the Board with
Messrs. Bobby W. Harrelson and Jack G. Stocks to request release of the cash bond in the
amount of $8,000 posted on June 22, 1971, for Section 8 of Marquis Hills Subdivision.
County Engineer, Richard Epling, had several objections to releasing this bond;
however, it was finally concluded that tlie improvements as shown on the approved pre-
liminary plat had been installed.
Upon motion by Commissioner Vaughan, seconded by Commissioner Wright, the request
for release of this bond was unanimously granted.
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MINUTES OF REGULAR MEETING, DECEI~BER 17, 1973 (CONTINUED)
TRANSFER OF FUNDS - PUBLIC ASSISTANCE FUND
T4iss Leia tloore F.a11, Social Services Birector, reported that, due to delays at the
State level, local funding of certain Public Assistance Prograns would have to be con-
tinued beyond the originall'y scheduled December 31, 1973, cut-off date. In order to
provide for this, she requested that froc the budgeted item, Supplemental Fublic Assis-
tance, the sum o£ $6,500 be transferred to Aid to the Aged (41 611 19), the sum of
$6,500 be transferred to Aid to the Deaf (41 612 19), and the sum of $10,800 be trans-
ferred to Aid to the Blind (41 614 14).
Upon motion by Commissioner Vaughan, seconded by Commissioner Davis, these trans-
fers were unanimously graated.
DISCUSSION OF CHANGE IN DEPARTMENT CLASSIFICATIOP~ - SOCIAL SERVICES
A request had Ueen received by the Board,from Mr. John William Walton, Jr., Chairman
of the Social Services Board, asking that the Board approve the 1oca1 5ocial 5ervices
Departulent's being classified as a Department IV rather than a Department III, the present
classification.
This item had been continued from the meeting of November 19, 1973.
Commissioner Vaughan moved, seconded by Chairman Powell, that this change in
department classification be approved.
Ccr~~issioner 'vlright offered the substitute motion, seconded by Chairman Powe1L,
that this item be tabled until the Commission could be furnished the specifications. Upon
vote, substitute motion was approved as follows:
Voting Aye: Commissioners Davis, Wright and Chairman Powell.
Voting P~oe: Comsnissioners Ha11 and Vaughan.
LUNCH RECESS '
Chairman Powell adjourned the meeting for lunch from 12:30 - 1:30 PP~.
APPR.OVAL OF HIRING TEMPORAP.Y EMPLOYEES IN THE PLAANING DEPARTD~NT
P?rs. Judy Schillmoller., Acting Planning Director, appeared before the Board to request
apprcval of hiring temporar3 employees in the Planr.ing Department in that woric was being
neglected due to lack of help. She recomriended the following ter:iporary employees.
1) A Data Display Technician at a proposed salary of $3.28 per hour not to exceed
a four month term of er.iployment.
2) A Data Display Clerk at a salary of $3.OQ per hour for a 20-hour work week.
3) A Population Specialist Intern at a salary of $E27 per t!-~onth for six cionths.
Commissioner Davis moved that this request be approved. Aiotion died for lack of a
second.
Commissioner Vaughan moved, seconded by Conmissioner Hall, that the County Manager,
in conjunction with the City Manager, be given authority within the scope of the request
to hire temporary part-time or temporary full-time employees to get the work done within
the budgetar~ limiations. Upon vote, motior. carried unanir.iously.
NOTIFICATION OF SECURING PLAtdNIrIG DIRECTOP.
Gounty Manager Eller officially notified the Board tha.t "4r. Richard Fender had
been hired as the Planning Director and would begin work on January 2, 1974.
DISCUSSION OF PROPOSF,L FOR STP,UCTUKAL APdF.LYSIS OF THE EXISTING COUP.THOUSE '
A proposal trom Henry von Oeson and Associates with regard to performing a structural
investigation and report on the New Hanover County Courthouse had been received by the
Board.
County Manager ELler stated that he had contacted another engineering firr.i with
regard tothis and was to meet with them on December 18, 1973, and that they were to
subr_iit a proposaZ a1so.
Commissioner Davis moved, seconded by Commissioner Wright, that this item be tabled
until that proposal had been received. Upon vote, motion carried unanimously.
PROCESS FOR INTERVIEtidING ARCHITECTS FOR THE PROPOSED COURTHOUSE/JAIL CONSTRUCTION
Chairclan Fowe11 moved that the interviews witn the architects be held in Executive
Session. Motion died for Lack of a second.
Cor.missioner Davis rioved, seconded by Commissianer 4lright, that the interviews
with the architects be held in public session excluding the other architects.
Cor~u'.issioner Vaughan offered the substitute motion, seconded by Comriissioner Hall,
that the architects be interviewed in Executive Session with the press and the City
of Wilmington's representative, Councilman Een B. Halterman, present. Upon vote,
substitute motion was approved as follows:
Uoting t~ye: Commissioners I-:all, Vaughan and Chairman Powell.
Voting Noe: Commissioners Davis and Wright.
Commissioner Davis stated, for the record, that he hoped this would not be setting
a precedent.
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MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED)
TRANSFER OF FUNDS - BOARD OF EDUCATION
• Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before'the Board
to request approval of a transfer of $10,189 from the School Capital Reserve Fund to the
Capital Outlay Fund and that the sums of $6,500 and $2,000 budgeted for Television Studio
and Physical Education Equipment, respectively, be used along with the transfer from
Capital Reserve to purchase an additional accounting machine in the total of $18,689.
Commissioner Wright moved, seconded by Commissioner Davis, that this transfer be
approved. Upon vote, motion carried as follows:
Voting Aye: Commissioners Davis, Hall, Wright and Chairman Powell.
Voting Noe: Commissioner Vaughan.
AERIAL PHOTOS OF SCHOOL SITES
Dr. Heyward C. Bellamy, Superintendent of County Schools, stated that he had aerial
photographs of the three school sites that had been approved by the Board at their meeting
of December 3, 1973.
Mr. Jerry Beaver, Assistant Superintendent, showed the slides to the Board.
ENDORSEMENT OF HOUSE BILL 529 - TAXATION OF MOTOR VEHICLES
The North Carolina Association of County Commissioners had requested a11 Boards of
County Commissioners to endorse House Bill 529, Taxation of Motor Vehicles, copies of which
had heen furnished to the Board.
Commissioner Vaughan moved, seconded by Commissioner Davis, that the Board endorse
this bill.
Commissioner Wright objected to Section 20-100.11, Distribution of Taxes Collected,
stating that she would prefer the exact amount of taxes collected within the County be
returned rather than relying on the proposed ratio method and recommended writing the
legislators to this effect. '
Commissioner Vaughan withdrew his first motion and moved, seconded by Commissioner Davis,
that the Board endorse the bill and bring to the attention of the legislators that the
possibility of inequitable treatment existed through failure to apply the exact tax collected
in every County. Upon vote, moGion carried unanimously.
ABATEMENTS AND REFUNDS ~
Commissioner Davis moved, seconded by Commissioner Ha11, that the requests for Abate-
ments and Refunds contained in Tax Administrator Powe11's memorandum of December 11, 1973,
be.approved. Upon vote, motion carried unanimously.
The memorandum is Set forth in Exhibit Book 1, Page l8.
REPORT OF COLLECTOR OF REVENUE
Upon motion by Commissioner Davis, seconded by Commissioner Wright, the report of
Mrs. Janie B. Straughn, Collector of Revenue, for collections through, November 30, 1973,
as set forth in Exhibit Book 1, Page~19, was unanimously accepted by the Board.
REQUEST FOR COLLECTION OF PREPAYMENTS BY THE TAX OFFICE
County Manager E11er reported that, at the present time, a taxpayer desiring to pre-
pay taxes must go to the Tax Office to secure a prepayment notice and then go to the County
Auditor's Office to pay County taxes and to the Finance Office of the appropriate munici-
pality (if he lives within a municipality) to pay those taxes. This causes the Taxpayer
considerable inconvenience and confusion.
In addition, he stated that the County had been requested
to arrange to collect prepayments in the Tax Office. In order
would be necessary to hire an additional Clerk II. This would
year an additional $2,622 for Salaries in the Tax Department.
received from the lZ% collection fee charged municipalities wo
additional cost. He recommended, therefore, that
by'the City of Wilmington
to effect this change, it
necessitate for this fiscal
The estimate of the revenue
ild more than offset this
1) The revenue item in the Non-Tax Fund, Fees - Municipal Tax Collections (16 353 00)
be increased by $2,622.
2) The Non-Tax Fund expenditure account, Transfer to General Fund (16 575 98), be
increased by $2,622.
3) The Gener-al Fund revenue'account, Transfer from Non-Tax Fund (11 397 16), be
increased by $2,622.
4) The Salaries and Wages Account in the Tax Listing and Collection budget (11 450 02)
be increased by $2,622, and that these funds he used to hire an additional Clerk II.
Commissioner Vaughan moved that this system be adopted and the municipalities involved
he advised as to what their pro rata charge would be above what would be collected at the
end of the year and that they be asked to make this amount available to the County. Motion
died for lack of a second.
Commissioner Vaughan moved, seconded by Commissioner Hall, that the proposal
recommended by the County Manager be adopted.
After a brief discussion about the necessity of hiring an additional Clerk II.
Commissioner Vaughan withdrew his motion.
Commissioner Vaughan moved, seconded by Commissioner Davis, that this item be tabled
until the meeting of January 7, 1974.
Tax Administrator Powell and County Manager ELler were requested to report on eliminating
discounts on prepayments.
~~~
MINUTES OF REGULAR MEETING, DLCEMBER 17, 1973 (CONTIiQU~D)
APPROVAL OF BID - VOTING MACHINES
Chairman ot the'Board oY Elections, Mr. ld. H. McEachern, III, presented the bids
received on Dece~ber 7, 1973, on two voting machines and stated that the Board of
Elections unanimously reeommended the acceptance of the bid from R. F. Shoup Corporation
because of the five-year guarantee and problems that had been experienced in getting
parts from the 1ow bidder. A copy of the bids is set forth in Exhibit Book 1, Page 20.
Commissioner Vaughan moved, seconded by Commissioner Hall, that the machines be
purchased from R. F. Shoup Corporation as recommended by the Board of Elections. Upon
vote, motion carried unanimously.
ACCEPTANCE OF BIDS RECEIVED AT AUCTION OF DECEDIBER 15, 1973
County Manager E11er presented the bids received at auction of surplus vehicles
held on December 15„ 1973, as authorized by the Commission at their meeting of
December 3, 1973.
Commissioner Vaughan moved, seconded by Commissioner Hall, that the bids as set
iorth in E~chibit Book 1, Page 21, be accepted. Upon vote, motion carried unanimously.
Commissioner Davis stated, for the record, that next year's auction be held on the
County property at Third and Market Streets and that more publicity be given.
County Manager Eller stated that he had considered holding the auction at Third
and Market Streets but that two of the vehicles would have to have been towed in.
TRANSFER OF FUNDS - DEPUTIES AT AIRPORT
County Manager E11er reported that at the November 19, 1973, meeting, when the
Commissioners had approved the hiring of two additional deputies to provide security at
the Airport, Commissioner Wright had requested that the Workman's Compensation Insurance
and the various payroll deductions be reviewed to determine if additional transfers
should be made.
He reported that the additional Workman's Compensation would be $219.41 and the
other costs would be $614.95 for F.I.C.A. Tax, $164.08 for Group Insurance and $840.96
for Retirement.
Therefore, he recommended that the 6udget be amended by making the following
transfers.
1) Reduce the appropriation for Contract Services in the Airport Operating Expenditure
Budget (31 650 45) by the amount of $1,839.40
2) Reappropriate $1,839.40 in the Airport Operating Expenditure Budget :as a Con-
tribution to the General Fund (31 650 98).
3) Appropriate as a General Fund Revenue (11 397 31) Transfer from Airport Operating
Fund the amount of $1,839.40.
4) In the General Fund, Non-Departmental Expense, increase the appropriation for
F.I.C.A. Tax by $614.95, Group Insurance by $164.08, and Retirement by $840.96.
Upon motion by Commissioner Vaughan, seconded by Commissioner Wright, these transfers
were unanimously approved by the Board.
APPROVAL OF PLANNING DEPARTMENT BUDGET 1973-1974
County Manager Eller presentea a proposea rlanning Department budget for fiscal
year 1973-1974 so that the appropriations made in each line item would conform to the
billing by the City of Wilmington, total appropriation for that Department being un-
changed. This budget is contained in Exhibit Book 1, Page 22.
Commissioner Vaughan moved, seconded by Commissioner Wright, that this budget be
approved as presented. Upon vote, motion carried unanimously:
DISCUSSION OF PROHIBITING MOTORIZED VEHICLES FROM BEACH AREAS
At their meeting of December 3, 1973, the Commission had requested County Attorney Fox
to make a recommendation on Mrs. Carl B. (Burk) Rehder's request that the Board adopt
an ordinance prohibiting a11 motorized vehicles from beach areas in the highly developed
areas outside incorporated municipalities, particularly in the section of beach known
as Wilmington and Hanby Beaches and the area just south of Kure Beach.
County Attorney Fox stated that the present ordinance did permit licensed vehicles
driven by licensed drivers below the high water mark or within 25 feet of the high
water mark provided that they had written permission of the property owner to cross
their property to get to the beach. He stated further that, if the Board wished to
adopt an ordinance affecting only specified areas of the County, this.could not be done
until February of 1974.
Commissioner Vaughan moved, seconded by Commissioner Hall, that the County Attorney
be requested to draw up an ordinance prohibiting vehicles from unincorporated beaches
south of Carolina Beach to the monument at Fort Fisher.
Commissioner Davis offered the substitute motion, seconded by Chairman Powe11,
that the County Attorney be asked to draw up an ordinance prohibiting motorized vehicles
from unincorporated beaches south of Carolina Beach to the monument at Fort Fisher
and that a public hearing be held at the second regular meeting of the Commission in
January of 1974. Upon vote, substitute motion was approved unanimously.
REOUEST OF COMMISSIONER DAVIS TO BE BUS LIAISON MAN WITH THE CITY OF WILMINGTON
Commissioner Davis moved that the Chairman be authorized to write the City of
Wilmington to ask them to include Commissioner Davis in all bus problems and negotiations
in the hopes that it might help the situation. Motion died for lack of a second.
~4~
MINUTES OF REGULAR MEETING, DECEMBER 17, 1973 (CONTINUED)
DISCUSSION OF COST OF CAMERON EDUCATIONAL CENTER
By common consent, Chairman Powell was asked to write the New Hanover Memorial Hospital
Board of Trustees to secure the original estimates of construction for the Cameron
Educational Center and what the various bids had been.
MINUTES - NEW HANOVER MEMORIAL HOSPITAL BOARD OF TRUSTEES
By common consent, Chairman Powell was requested to ask that a copy of the minutes
of the New Hanover Memorial Hospital Board of Trustees be mailed to the Commissioners'
office as a file copy.
DISCUSSION OF JUNKED VEHICLES
Commissioner Vaughan asked if the Board felt that junked vehicles in the County to
be a serious problem.
No action was taken by the Board.
DISCUSSION OF COMMISSION MEMBERSHIP
Commissioner Wright asked County Attorney Fox what procedure would have to be followed
to remove someone from the Airport Commission or the Planning Commission.
County Attorney Fox stated that he felt the Airport Commission members could be
removed at anytime the Board desired since,they served at the pleasure of the Board, but
stated he was unsure what procedure would have to be followed with regard to the
Planning Commission since there was a third party involved, the City of Wilmington.
DISCUSSION OF SCHOOL CONSTRUCTION
Commissioner Hall recommended that the Chairman write the National Association of
Counties regarding modular construction of schools.
ADJOURNMENT
There being no further busin.ess to come before the Board, Chairman,Powell adjourned
the meeting at 4:15 PM.
Respectfully submitted,
~~~~~
Lise K. King
Clerk to the Board
k
MINUTES OF REGULAR MEETING, JANUARY 7, 1974
ASSEMBLY
The New Hanover County Board of Commissioners met in regular session on Monday,
January 7, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington,
North Carolina.
Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman W. Douglas Powell; County Attorney, James C. Fox; County
Manager, Dan W. Eller; and C1erk to the Board, Lise K. King.
Chairman Powell called the meeting to order. ~
Rev. Harold Crocker o£ the Ogden Community Advent Christian Chuich offered the invo-
cation.
APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 10, 1973
Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special
meeting held on December 10, 1973, were unanimously approved as presented.
APPROVAL OF MINUTES: SPECIAL MEETING, DECEMBER 13, 1973
Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the special
meeting held on December 13, 1973, were unanimously approved as presented.
APPROVAL OF MINUTES: REGULAR MEETING, DECEMBER 17, 1973
On Page 542 under PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF
THE PLANNING COMMISSION TO REZONE PROPERTY LOCATED AT THE NORTHEAST INTERSECTION OF
OLEANDER DRIVE (U. S. HWY. 76) AND 51ST STREET FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2
(BUSINESS DISTRICT) IN ZONING AREA ~p9B, Comm. Davis requested that the reasons tor denying
this request be shown as a matter ot record. The Planning Staff recommended denial for
the following reasons:
1) The applicant proposed a floral shop and outdoor furniture outlet; however, if rezoned
to B-2, the property could be used for anything permitted in the B-2 zoning, the most per-
missive business zone in New Hanover County.
2) The staff felt the character of the residential~zone would be harmed if B-2 zoning
were.continued to the corner.
3) The staff was very concerned that if the corner lot went there would be more strip
commercial zoning along Oleander Drive and that this case would be used as the justification
for more requests.
4) The staff had seen many B-1 sites being used for residential purposes which indicated
to them that more B-2 zoning was not needed in that area.
5) 0&I Zoning was suggested by the staff, which had been established to be used as a
buffer zone.
Upon motion by Comm. Hall, seconded by Comm. Wright, the minutes of the regular
meeting held on December 17, 1973, were unanimously approved as amended.