1974-03-25 Special Meeting60~
MINUTES OF REGULAR MEETING, MARCH 18, 1974 (CONTINUED)
DISCUSSION OF LEVY UPON AND SALE OF TANGIBLE PERSONAL PROPERTY FOR TAX COLLECTION PURPOSES
Comm. Wright stated that she was not tamiliar with the contracted arrangement between
the City of Wilmington and the Tax Department but that she did not think it was right for
the Wilmington City Council to pass a resolution directing the Sheriff's Department to
do something. She read from the resolution adopted by the Wilmington City Council with
regard to levy upon and sale of tangible personal property for tax collection purposes.
Comm. Wright requested County Manager Eller to investigate this for her.
NEW HOPE DAM LITIGATION
By common consent, Chm. Powell was authorized to write Brunswick, Columbus and
Pender Counties requesting participation in the legal fees for the New Hope Dam liti-
gation as contained in a letter dated March 18, 1974, from Mr. Beverly P. Paul, Executive
Director of the Cape Fear Council of Governments. This letter is contained in Exhibit
Book 1, Page 55.
DISCUSSION OF SENATE BILLS 1284 and 1285
Senator George Rountree, III, had written the Commissioners requesting their position
on Senate Bills 1284 and 1285 designed to give County Commissioners jurisdiction over the
personnel employed by the Clerks of Superior Court.
Comm. Vaughan moved that, by common consent, the Chairman he authorized to write
Senator Rountree voicing the Commission's support of these senate bills in that they could
foresee a potential morale problem within the structural organization of the County. This
was agreed to by common consent.
DISCUSSION OF COLE-LAYER-TRUMBLE
Comm. Vaughan stated his concern over the performance of Cole-Layer-Trumble Company.'
By common consent, Chm. Powell and County Manager Eller were authorized to contact
Cole-Layer-Trumble and request that someone appear before the Commissioners at their
meeting of April 1, 1974.
LETTER TO GOVERNOR REGARDING SECONDARY ROAD FUNDS
Comm. Davis requested that, by common consent, the Board authorize Chm. Powell to
write the Governor concerning the fact that New Hanover County ranked 100th in Secondary
Road Funds to protest the method by which this was done. This was agreed to by common
consent.
DISCUSSION OF CORONER POSITION
Comm. Wright stated that she felt the position of Coroner should be studied.in detail
along with the Medical Examiner system in order to have a proposal when the next legislature
convened.
Chm. Powell appointed Comm. Wright as a committee of one to bring this up again at
the appropriate time.
EMERGENCY OPERATIONS CENTER APPLICATIONS
By common consent, the County Manager was authorized to file the necessary applica-
tions to secure federal funds for the construction of an Emergency Operations Center in
connection with the courthouse-jail construction project. The County Manager had been
notified that requests for funding in fiscal year 1975-1976 had to be received in Raleigh
no later than March 22, 1974. '
ADJOURNMENT ~
Comm. Davis moved, seconded by Comm. Wright, that the meeting be adjourned. Upon
vote, motion carried unanimously.
Chm. Powell adjourned the meeting at 5:05 PM.
Respectfully submitted,
~~ , . ~-~C . ~LC~„
Lise K. King `~
Clerk to the Board
k
MINUTES OF SPECIAL MEETING, MARCH 25, 1974
ASSEMBLY
The New Hanover County Board of Commissioners met in special session on Monday,
March 25, 1974, at 7:30 PM in the Assembly Room, County Commission Building, Wilmington,
North Carolina, to conduct a public hearing regarding the adoption of an ordinance
entitled "An Ordinance to Provide for the Control of Soil Erosion and Sedimentation."
Members present were Commissioners Peter R. Davis; J. M. Hall, Jr.; M. H. Vaughan;
Vivian S. Wright; Chairman W. Douglas Powe11; County Manager, Dan W. Eller;and Clerk
to the Board, Lise K. King. .'
Chm. Powell called the meeting to order.
Comm. Ha11 offered the invocation.
6OM~
MINUTES OF SPECIAL MEETING, MARCH 25, 1974 (CONTINUED)
PUBLIC HEARING
The Clerk to the Board reported to the Board of Commissioners that notice of
a public hearing had been published in the Wilmington Morning Star on
March 20, 21 and 22, 1974, with notice that the New Hanover County Board of Commis-
sioners would hold a public hearing on March 25, 1974, at 7:30 PM with regard to
adoption of an ordinance entitled "An Ordinance to Provide for the Control of Soil
Erosion and Sedimentation."
Chm. Powell opened the public hearing to discussion.
Mr. J. D. McCarley, District Chairman, Lower Cape Fear Soil and Water Conserva-
tion District, stated that he had been charged by the Board of Commissioners with
drawing up a pilot ordinance for the Environmental Impact Ordinance Committee.
Mr. Samuel Cox, Vice Chairman of the Environmental Impact Ordinance (EIO) Com-
mittee, stated that the ordinance the Commissioners had before them had been considered
by the full EIO Committee and that a majority had voted to recommend it to the
Commissioners for adoption.
The following persons appeared before the Board in opposition to the ordinance
as it was constituted.
Mr. L. Gleason Allen, Attorney at
Association.
Mr. Jack R. Perdue, Regional Vice
Col. Paul S. Denison of Henry von
presented a prepared statement
This statement is contained in
Law, representing the New Hanover Homebuilders
President of the Board of Realtors.
Oesen & Associates, Consulting Engineers, who
which he requested become part of the record.
Exhibit Book 1, Page 56.
Mr. Joseph R. Reaves, Realtor.
Mr. Henry C. (Slim) Wallace, Realtor.
Mr. Howard M. Loughlin, Registered Land Surveyor.
Mr. William H. Grathwohl, President, G& F Construction Company, Inc.
Mr. Jack G. Stocks, Registered Land Surveyor.
Mr. Alexander Malpass, Sr., Developer.
Mr. C. L. Reavis, Realtor & Home Builder.
Mr. Paul E. Gregory, Realtor & Developer.
The following persons appeared before the Board in favor of the ordinance as
it was constituted.
Murray K. Seidel, M. D., who submitted a written statement which he requested
become part of the record. This is contained in Exhibit Book 1, Page 57.
Mr. John A. Jones, City Manager of the City of Wilmington, who stated that the
Wilmington City Council had endorsed the ordinance at their meeting of
March 25, 1974, and had agreed that this should be under County Administration,
and had offered interim technical assistance until the County could employ
the necessary staff.
Mrs. Rachel R. Wormington representing the New Hanover League of Women Voters
who presented a prepared statement. This is contained in Exhibit Book 1,
Page 58.
Mr. Larry Best, Architect.
James C. Dixon; PhD., a professor at UNC-W.
Mrs. Bobbie Boney, a high school biology teacher and member of the Sierra Club.
Mrs. Leland R. Davis, Town Manager, Carolina Beach, who reported that the
Carolina Beach Town Council supported the ordinance.
The Honorable Alton Lennon who requested that the EIO Committee members and
their qualifications be included as part of the record. These members were
as follows:
ENVIRONMENTAL IMPACT ORDINANCE COMMITTEE MEMBERS
Mr. Samuel Cox, District Conservationist, Soil Conservation Service (Vice Chairman)
Mr. Jack R. Perdue, Realtor
Col. Paul S. Denison, Consulting Engineer
Mr. Herbert P. McKim, Architect (Chairman)
Mr. Frederick Willetts, Jr., Banker
Mr. Paul E. Gregory, Realtor and Developer
Mrs. Richard Hollifield, New Hanover League of Women Voters
Mr. C. E. Marshburn, General Public
Mr. William J. Hart, Environmental Consultant
Mr. Howard M. Loughlin, Registered Land Surveyor
Mr. Bruce Freeman, Businessman
Mr. Richard M. Jackson, Corps of Engineers
Mrs. Bobbie Hunter Boney, Sierra Club and Biology Teacher
Mr. A. J. Janicki, Farmer
Mr. Paul Foster, Planning Consultant (Secretary)
Mr. Joseph 0. Taylor, Jr., Attorney at Law and Wrightsville Beach Alderman
Mr. Ralph W. Roper, Councilman, City of Wilmington
Mr. S. L. Doty, Jr., Councilman, Town of Kure Beach
Mr. Jim Taylor, Planning Director, Carolina Beach
Comm. Vaughan moved, seconded by Comm. Davis, that the public hearing be closed
to discussion. Dpon vote, motion carried unanimously.
Chm. Powe11 closed the public hearing to discussion at 9:40 PM.
DISCUSSION OF CONSERVATION DIVISION
There was a brieY discussion with regard to whether or not the Conservation
Division should be placed under the County Engineer or set up as a separate department.
~~t 4
MINUTES OF SPECIAL MEETING, MARCH 25, 1974 (CONTINUED)
DISCUSSION OF CONSERVATION DIVISION (CONTINUED)
Comm. Wright stated that she personally would not be willing to put the Conservation
Division under the Engineering Department. She stated that it was something new and,
if passed, ought to be started out on the right foot.with good personnel, someone
highly qualified in this particular area, who would not be bogged down with all the
problems that had occurred in the past. ' • '
County Manager E11er recommended that this be a division under the County Engineer
along with the Building Inspector, Plumbing Inspector, and Electrical Inspector,
as this would be another division that the developers would have to deal with.
Comm. Vaughan stated that he did not think the Commission needed to discuss this
any further since it did not stipulate in the ordinance where this division would
be and it would simply be up to the adiministration of the County Manager.
No action was taken by the Board.
ADOPTION OF ORDINANCE
Comm. Hall requested that, by common consent, the following changes be made
in the ordinance.
Page 6, Section 4, "i" -"by any person or persons" be deleted in order to make
this sentence gramatically correct.
Page 10, Section 7, "f", 3- to read as folloias: "other major guidelines or
measnres as may be developed by the Conservation Division and approved by the County
Commissioners."
Page 20, under No. 5, Surface Drainape, the word "major" to be inserted in the
last sentence so that it would read as follows: "Storm culverts planned to replace
major natural drainageways shall be designed to accomodate 25-year frequency storms."
These three changes were agreed to by common consent.
Comm. Wright requested that on Page 56, Section 4, Scope and Exclusions, the
exclusion of local government or any government agency be deleted from the ordinance.
No action was taken by the Board.
Comm. Wright requested that an exclusion be included pertaining to the homeowner
with his own yard who did not intend to use it for a development. No action was taken
by the Board.
Comm. Wright requested that something be included in the ordinance to the effect
that, if it were obvious that a project was not going to cause any damage, there ought
to be some leeway so they would not have to go to the expense of submitting detailed
plans. No action was taken by the Board.
Comm. Vaughan moved, seconded by Comm. Hall, that the ordinance entitled "An
Ordinance to Provide for the Control of Soi1 Erosion and Sedimentation" be adopted
with the three changes which had been agreed upon by common consent, Upon vote, motion
carried as follows:
Voting Aye: Comm. Davis, Hall, Vaughan and Chm. Powell.
Voting Noe: Comm. Wright.
The ordinance with the three changes is contained in Exhibit Book 1, Page 59.
Comm. Wright stated for the record that she was not voting "noe" because she was
against the ordinance but because they did not know exactly what it was at this point
and that she did not think the Commission had given proper consideration to it.
(See Amendinent Page 6131
ADJOURNMENT
Comm. Davis moved, seconded by Comm. Hall, that the meeting be adjourned. Upon vote,
motion carried unanimously.
Chm. Powell adjourned the meeting at 9:45 PM.
Respectfully submitted,
~
L'se K. King L~
Clerk to the Board
k