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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