1974-07-01 Regular Meeting6fg
MINUTES OF SPECIAL MEETING, JUNE 24, 1974 (CONTINUED)
RESOLUTION AUTHORIZING APPLICATION FOR LOAN CONTRACT AGREEMENT FOR STATE AID TO AIRPORTS (CONT.)
NOW, THEREFORE, IT IS RESOLVED that the submission by the New Hanover County Board
of Commissioners, on behalf of New Hanover County, of an application for the grant of the
sum of $31,925, or such lesser amount as may be required, is herewith fully approved.
FURTHER RESOLVED that the aforesaid sum, if granted, shall be used for land acqui-
sition in clear zones and safety areas; perimeter fencing; taxiway lighting; lighted wind
cone; clearing; and for the acquisition of a quick response fire truck.
FURTHER RESOLVED that the New Hanover County Board of Commissioners, acting through
its Chairman, W. Douglas Powell, and its Clerk, Lise K. King, is authorized to sign and
submit aforesaid application, and to sign any contract, paper writings or other instru-
ments required by the State of North Carolina in connection with said grant.
Comm. Ha11 seconded the motion and the motion was adopted as follo*as:
Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION OF
GRANT AGREEMENT FOR PROJECT N0. 8-37-0084-01-74 BETWEEN THE UNITED STATES OF AMERICA
AND NEW HANOVER COUNTY, NORTH CAROLINA
The following Resolution was introduced by Comm. J. M. Hall, Jr., seconded by
Comm. Peter R. Davis read in fu11, considered and adopted with Commissioners Davis, Hall,
Powe11 and Vaughan voting "Aye" and Commissioner Wright voting "Noe."
RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING THE EXECUTION
OF GRANT AGREEMENT FOR PROJECT N0. 8-37-0084-01-74 BETWEEN THE UNITED STATES OF AMERICA
AND NEW HANOVER COUNTY, NORTH CAROLINA.
BE IT RESOLVED, by the Commissioners of New Hanover County, North Carolina:
SECTION 1. That said Commissioners hereby authorizes, adopts, approves, accepts
and ratifies the execution of Grant Agreement between the Federal Aviation Administration
on behalf of the United States of America and New Hanover County, N. C.
SECTION 2. That the execution of said Grant Agreement in quadruplicate on behalf
of said Commissioners by W. Douglas Powell, Chairman, and the impression of the official
seal of the Commissioners and the attestation of said execution by Lise K. King, CLerk
to the Board, is hereby authorized, adopted, approved, accepted and ratified.
SECTION 3. That the Airport Manager is hereby authorized to execute payment requests
under this Grant Agreement on behalf of said New Hanover County, N. C.
SECTION 4. That the Grant Agreement referred to hereinabove shall be attached
hereto and made a part of this Resolution as though it were fully copied herein.
(A copy of the Grant Agreement is contained in Exhibit Book II, Page 15.)
TRANSFER OF FUNDS - AIRPORT
Upon motion by Comm. Hall, seconded by Comm. Davis, a transfer of $350 from
Utilities, Account ~~31 650 13, to Auto Spl., Account ~k31 650 31, was unanimously
approved.
ADJOURNMENT
There being no further business to come before the Board, Chm. Powell adjourned
the meeting at 4:25 PM.
Respectfully submitted,
C~~~~~ ~~
~Lise K. King
Clerk to the Board
k
MINUTES OF REGULAR MEETING, JULY 1, 1974
ASSEMBLY
The New Hanover County Board of Commissioners met in regular session on Monday,
July 1, 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 Manager, Dan W. Eller; County
Attorney, James C. Fox; and Clerk to the Board, Lise K. King.
Chm. Powell called the meeting to order.
Rev. Edward T. Sma11 offered the invocation.
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
APPROVAL OF MINUTES: REGULAR MEETING, JUNE 17, 1974
Comm. Hall stated that on pages 664-665 he concurred with the acti
Board on items voted on during his absence.
The C1erk to the Board reported that on Page 664 under "Acceptance
Film Processor" Comm. Hall should have been recorded as "Absent" rather
Noe."
Upon motion by Comm. Davis, seconded by Comm. Vaughan, the minutes
meeting held on June 17, 1974, were unanimously approved as amended and
~n taken by the
of Bid on X-Ray
than "Voting
of the regular
corrected.
ANNOUNCEMENT OF THE BICENTENNIAL COMMEMORATION OF THE CALL OF THE CITIZENS OF
WILMINGTON AND DISTRICT FOR THE FIRST PROVINCIAL CONGRESS IN NORTH CAROLINA
Rev. Walser H. Al1en, Jr., Chairman of the Bicentennial Committee, appeared before
the Board dressed in a costume of the coloni:al era, acting as town crier, and introduced
the following speakers who issued invitations to the Commissioners, City Council members,
and all other citizens of the district to the following events.
Mr. William J. 0'Shea of the U. S. Customs'Service issued an irivitation to the
dedication of the Customs (Federal) House located on Water Street between Market and
Princess Streets to be held on Sunday, July 21, 1974, at 2:30 PM.
Mr. Bob Jenkins of the Residents of Old Wilmington issued an invitation to the
commemoration of the call for the First Provincial Congress to be held at 6:30 PM on
Sunday, July 21, 1974, at the Governor Dudley Mansion, 400 South Front Street.
Mr. Nick Evers of the Lower Cape Fear Council of the Arts issued an invitation to
attend a one-act play commemorating the call for the First Provincial Congress to be
presented on July 19, 20, and 21, 1974, at the Greenfield Park Amphitheatre.
AWARD OF CONTRACTS - AIRPORT IMPROVEMENTS
Mr. John A. Westbrook, Airport Manager, reported that bids had been received for
fencing, taxiway lighting, and a quick response fire truck for the New Hanover County
Airport. He presented the following tabulations of the bids.
FencinQ
Parks Enterprises, Inc., Monroe, N. C. $135,221.00
,Tames F. Powell, Jr. 158,960.00
Taxiway LiQhting
Eleco, Inc., New Bern, N. C. $ 55,602.00
Rockwell Radio & Electric Co., Rockwell, N. C. 64,907.00
Cape Fear Electric Co., Inc., Wilmington, N. C. 73,459.00
C& K Utility Service, Inc., Vidalia, Ga. 78,127.93
Quick Response Fire Truck
Fire Control Engineering Co., Fort Worth, Tex. $ 21,906.00
Mr. Westbrook stated that the Airport Commission recommended that the contracts
be awarded to the low bidders and that the Chairman of the County Commissioners be
authorized to execute the contracts. He stated that the low bidder on the taxiway
lighting, Eleco, had requested that they be allowed to withdraw their bid without for-
feiting their bid bond; but that he, County Attorney Fox, and County Manager Eller
recommended that the contract be awarded to Eleco and that, if they refused to honor
the bid, the bid bond be forfeited and the contract awarded to the next low bidder,
Rockwell Radio & Electric Company.
Upon motion by Comm. Vaughan, seconded by Comm. Hall, the contract for the Airport
Fencing was unanimously awarded to Parks Enterprises, Inc.
Comm. Hall moved, seconded~by Comm. Wright, that the contract for the Taxiway
Lighting be awarded to Eleco, Inc:, and that, if they refused to honor their bid, the
bid bond be forfeited and the contract awarded to the next low bidder, Rockwell Radio
& Electric Co. Upon vote, motion carried unanimously.
Comm. Wright moved, seconded by Comm. Hall, that the contract for the Quick Response
Fire Truck be awarded to Fire Control Engineering Co. conditional upon the contract being
received in proper order. Upon vote, motion carried unanimously.
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 June 16 and 23, 1974, with
notice that the Board of Commissioners would hold a public hearing on Monday, July 1,
1974, at 9:30 '9M with regard to the following appeal from the recommendation of the
Planning Commission; and notice had been published in the Wilmington Morning Star on
June 9 and 16, 1974, of a public hearing to be held at 9:30 AM on Monday, July 1, 1974,
with regard to the following rezoning request; applications for Special Use Permit;
proposed amendments to the Subdivision Regulations of the County of New Hanover, North
Carolina; proposed zoning plan for Wrightsboro Area; and proposed zoning plan for Figure
Eight Island.
Chm. Powell opened the public hearing to discussion.
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
PUBLIC HEARING (CONTINUED)
PUBLIC HEARING '1'U UUNSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO 12EZONE PROPERTY LOCATED 1,280 FEET SOUTH OF THE INTERSECTION OF BRAGG
DRIVE AND SOUTH COLLEGE ROAD (N. C. HWY. 132) FROM R-15 (SINGLE FAMILY DISTRICT) TO
B-1 (BUSINESS DISTftICT) IN MASONBORO ZONING AREA.
Planning Director Richard A. Fender stated that the Planning Commission had heard
this request at their meeting of June 5, 1974, and had recommended that it be denied.
He stated that the Planning Staff had also recommended denial because they felt,
for the purpose of neighborhood facilties which was the B-1 Business Zone, there was
already more than adequate B-1 zoned land (18 acres) immediately adjacent to that
property which was being petitioned for rezoning and, also, because shopping center
facilities were already developed approximately one mile north of the proposed B-1
zone which served beyond the immediate neighborhood level.
Mr. Louis A. Burney, Attorney at Law, appeared before the Board representing
the Petitioners.
Mr. Alex Trask, one of the Petitioners, appeared before the Board and stated
that the reason for the additional request to the existing 18 acre tract was so that
more open space could be incorporated in the center.
Mr. Albert Killingsworth, an interested citizen, spoke in favor of the request.
Chm. Powe11 asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. Vaughan moved, seconded by Comm. Wright, that this request be denied as
recommended by the Planning Commission.
Comm. Davis offered the substitute motion, seconded by Comm. Hall, that this
request be approved and that the ordinance entitled "An Ordinance of the County of
New Hanover Amending the Zoning Map of the Masonboro Zoning Area of New Hanover County,
North Carolina, Adopted October 15, 1969" be adopted. Upon vote, substitute motion was
approved as follows:
Voting Aye: Comm. Davis, Hall and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
A copy of the ordinance, signed by the Commissioners, is contained in Zoning
Ordinance Book I, Masonboro Section, Page 8 .
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (173 ACRES) LOCATED
APPROx1MA'T'~iY b,uUU ra~r SOUTHEAST OF THE INTERSECTION OF S.R. 1002 AND BLUE CLAY
ROAD FROM I-2 (INDUSTRIAL DISTRICTI TO R-15 (SINGLE FAMILY DISTRICT) IN ZONING
AREA ~k$A.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of June 5, 1974, and had recommended that this
request be approved.
Chm. Powell asked if there were anyone present to oppose this rezoning request,
and no one spoke in opposition.
Comm. Wright moved, seconded by Chm. Powell, that this request be approved and
that the ordinance entitled "An Ordinance of the County of New Hanover Amending the
Zoning Map of Zoning Area ~~8A of New Hanover County, North Carolina, Adopted
June 18, 1972" be adopted. Upon vote, motion carried unanimously. A copy of the
ordinance, signed by the Commissioners, is contained in Zoning Ordinance Book I,
Section 8A, Page 6 .
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY LOCATED ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD (S.R. 1403) JUST SOUTH
OF NORTH HILLS DRIVE FOR A CONVEivin~vCE FOOD STURE IN 'LONING AREA ~p3.
Planning Director Richard A. Fender stated that the Planning Commission had
heard this request at their meeting of June 5, 1974, and had recommended that this
Special Use Permit be issued based on the following conditions.
1) Plans as submitted with the application for special use permit;
2) That dispensing of gasoline be contingent upon approval of an ordinance
amendment to this effect to be considered by the Board of County Commissioners at
their June 17th meeting;
3) That driveway ~~2 be located 120 feet from driveway ~kl; and,
4) That buffering be installed along all property lines except along Middle
Sound Loop Road as specified in Section 72-5 (7) of the County Zoning Ordinance.
The following persons appeared before the Board in opposition to this request:
Mrs. Judy Smith, a resident of the neighborhood; Mrs. Lila Peterson, owner of the
adjacent property, and her son, Mr. Bill Peterson.
~~~
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
LOCtiinli uiv ix~ ~UU'rn 5illn Ur MiDDLE SOUND LOOP ROAD (S.R. 1403) JUST SOUTH OF NORTH
HILLS DRIVE FOR A CONVENIENCE FOOD STORE IN ZONING AREA q~3 (CONTINUED)
The following persons appeared before the Board in favor of this request:
Mr. Julian Burnett, agent for the buyer; Mr. Paul Gregory, one of the owners of the
property; and Mr. Jerry Ali, representing Zip Mart.
After the Commission had considered the following four items and found them to be
fact, (a) that the use would not materially endanger the puhlic health or safety if
located where proposed and developed according to the plan as submitted and approved;
(b) Chat the use met a11 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 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. Vaughan moved, seconded by Chm. Powell,
that this special use permit be issued based on the following conditions.
1) Plans as submitted with the application for special use permit and amended
by the New Hanover County Board of Commissioners;
2) That dispensing of gasoline be contingent upon approval of an ordinance
amendment to this effect to be considered by the Board of County Commissioners at their
June 17th meeting;
3) That driveway ~p2 be located 120 feet from driveway ~pl as indicated on the site
plan;
4) That buffering be installed along all property lines except along Middle Sound
Loop Road as specified in Section 72-5 (7) of the County'Zoning Ordinance and indicated
on the plan as submitted and amended;
5) That a planted buffer strip with a minimum depth of 25 feet be provided along
the property fronting on Middle Sound Loop Road (S.R. 1403), such planted buffer to
be designed to provide minimum sight distance requirements at the points of access off
Middle Sound Loop Road; and,
6) Provided that the setback requirements, required parking spaces, and other
dimensional requirements can be met with the inclusion of a 25 foot buffer along the
property fronting on Middle Sound Loop Road.
Upon vote, motion was approved as follows:
Voting Aye: Comm. Vaughan, Wright, and Chm. Powell.
Voting Noe: Comm. Davis and Hall.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
LOCATED AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD AND GOLDEN ROAD FOR A
CONVENIENCE FOOD STORE IN ZONING AREA ~k4.
Planning Director Richard A. Fender stated that the Planning Commission had heard
this request at their meeting of June 5, 1974 and had recommended tt-~at this Special
Use Permit be issuecl based on the following conditions.
1) Plans as submitted with the application for special use permit;
2) That dispensing of gasoline be contingent upon approval of an ordinance amend-
ment to this effect to be considered by the Board of County Commissioners at their
June 17th meeting;
3) That buffering be installed in the areas shown on the plan according to
Section 72-5 (7) of the County Zoning Ordinance;
4) That driveways 2 and 3 be deleted and that one driveway be installed midway
between them; and,
5) That the gas pumps be relocated diagonally as shown on the plan to minimize
possible problems of cars backing into them from parking spaces 5 and 6, and to
facilitate traffic movement.
Mr. Jerry A1i appeared before the Board representing Zip Mart. Comm. Vaughan
asked Mr. Ali if they would landscape the front of the property, and Mr. Ali stated
that it would be included in the plans that shrubbery would be planted across the
front of the property.
Chm. 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 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 the 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 submitted and approved, would be in general conformity
with the plan of development for New Hanover County, Chm..Powell moved, seconded by
Comm. Wright, that this special use permit be issued based on the same conditions as
recommended by the Planning Commission.
6&~
~INUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
LOCATED AT THE NORTHWEST INTERSECTION OF MASONBORO LOOP ROAD AND GOLDEN ROAD FOR A
CONVENIENCE FOOD STORE IN ZONING AREA ~p4 (CONTINUED)
Upon vote, motion to approve the issuance ot this special use permit based on the
same conditions as recommended by the Planning Commission carried as follows:
Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell.
Voting Noe: Comm. Hall.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY
ON THE WEST SIDE OF SOUTH COLLEGE ROAD (N.C. HWY. 132) APPROXIMATELY 2,400 FEET SOUTH
OF BRAGG DRIVE FOR A SCHOOL ADDITION IN THE MASONBORO ZONING AREA.
Planning Director Richard A. Fender stated that the Planning Commission had heard
this request at their meeting of June 5, 1974, and had recommended that this special
use permit be issued based on the plans submitted with the application for special use
permit.
Chm. Powell asked if there were anyone present to oppose the issuance of this
spceial use permit, and no one spoke in opposition.
After the Commission had considered the following 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 the 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 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. Vaughan moved, seconded by Comm. Davis, that
this special use permit be issued based on the same condition as recommended by the
Planning Commission. Upon vote, motion carried unanimously,
PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS
OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA.
Planning Director Richard A. Fender presented three proposed amendments to the
Subdivision Regulations of the County of New Hanover, North Carolina, which the
Planning Commission had heard at their meeting of Sune 5, 1974, and recommended
approval.
Mr. Howard Loughlin appeared before the Board to request that the Coumiissioners
appoint a committee composed of such persons as title attorneys, surveyors, and the
Register of Deeds, to study the proposed amendments prior to their adoption.
The following persons also appeared before the Board in opposition to the amend-
mends as presented and requested the citizens committee to study these amendments:
Mr. Bill Huffine, Mr. Dayid Loughlin and Mr. Paul Gregory.
Comm. Vaughan moved, seconded by Comm. Ha11, that the amendments as presented be
adopted.
Comm. Davis offered the substitute motion, seconded by Comm, Wright, that
Chairman Powell appoint a citizens committee composed of seven members to study the
proposed amendments and report back to the Board at their meeting of August 19, 1974,
and that action on this item be deferred until that time. Upon vote, substitute
motion was approved as follows:
Voting Aye: Comm. Davis, Wright, and Chm. Powell.
Voting Noe: Comm. Ha11 and Vaughan.
PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR WRIGHTSBORO AREA -
ZONING AREA ~k10A.
Planning Director Richard A. Fender presented a proposed zoning map for Wrightsboro
Area, Zoning Area ~k10A, which he stated had been approved by the Planning Commission
at their meeting of June 5, 1974.
The following persons appeared before the Board in favor of
Mr. William 0. J. Lynch, Attorney at Law, representing Mr. CharL
Mrs. Gertrude van Luyn; Mr. Coy E. Brewer, Jr., Attorney at Law,
Oil Company; Mr. J, T. Morley; Mr. Earl Smith, who stated he was
with the exceptions noted in Mr. Fender's letter of June 28; Mr.
Attorney at Law; and Mr. Andrew Ritter.
the proposed zoning.
~s King of Holland Drive;
representing Fountain
in favor of the zoning
Wallace C. Murchison,
The following persons appeared before the Board in opposition to the zoning as
proposed. Mr. Robert Butler of Wallace, North Carolina; Mr. Richard Stanely, Attorney
at Law, representing residents on Theresa Drive; Mr. Alton Y. Lennon, Attorney at Law,
representing Mr. James K. Buckwalter, President of Marpac Corporation; Mr. Gilbert Hale;
and Mr. Charles Wolfe.
Comm. Vaughan moved, seconded by.CUmm, Hall, that the proposed Zoning Area ~k10A
as presented from the Planning Commission to the Board of Commissioners be adopted
with the amendment that the property of the Marpac Corporation as shown on the map
entitled "Plot & Expansion Plan" be zoned I-2 to a depth of 500 feet north of the
northern line of the Blue"C1ay Road with the further direction that the Planning Com-
~4~.?
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR WRIGHTSBORO AREA -
ZONING AREA ~k10A. (COivilivUED)
mission consider as soon as possible those particular problems mentioned in Planning
Director Fender's letter of June 28, 1974, in Section II thereof as follows:
-,~.._.,".~,._
1) The area just south of Arlington Road where two houses are being used for
commercial operations and the service station next to them;
2) 'The area along Blue Clay Road north of N. Kerr Avenue which is now being
used by Marpac Corporation and Toledo Scales;
3) Property located behind the Cape Fear Shopping Center and Trask homeplace
which fronts on Blue Clay Road to be considered for industrial zoning;
4) Area between Teresa Drive and Long Leaf Drive to be considered for R-15
as opposed to ft-20 zoning as now proposed; and
5) Area north of Gladiolus Road to boundary of proposed Zoning Area 10-A to
be considered for R-15 zoning as opposed to R-20 as now proposed.
and in addition to these particular problems, Walnut Hills Subdivision; and that the
Planning Staff be directed to prosecute these matters at their earliest possible con-
venience; and further that the ordinance entitled "An Ordinance of the County of New
Hanover Establishing the Zoning Map of Zoning Area ~~10A of New Hanover County, North
Carolina" be adopted. (A copy of this ordinance is contained in Zoning Ordinance Book I,
Section 10A, Page 1.)
Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, Hall, Vaughan, and Chm. Powe11.
Voting Noe: Comm. Wright.
The map entitled "Plot & Expansion P1an" is contained in Exhibit Book II, Page 16.
The official map for Zoning Area ~~10A, as adopted, is contained in Exhibit Book II,
Page 17.
PUBLIC HEARING TO CONSIDER THE PROPOSED ZONING PLAN FOR FIGURE EIGHT ISLAND -
ZONING AREA ~p5
Planning Director Richard A. Fender presented a proposed zoning map for Figure
Eight Island, an amendment to Zoning Area ~~5, which he stated had been approved by
the Planning Commission at their meeting of June 5, 1974.
The following persons appeared before the Board in favor of the proposed zoning.
Mr. David Oliver; Mr. John R. Newton, Attorney at Law, representing the property owners
on a volunteer basis; Mr. Paul Foster; Mrs. Barbara Gold; and Mrs. Horace King.
The following persons
zoning. Mr. William 0. J.
Company; Mr. Don Parmeter,
Mr. George Sloan, Jr.; Mr.
of Venture Management, the
"clubhouse area."
appeared before the Board in opposition to the proposed
Lynch, Attorney at Law, representing Figure Eight Island
General Manager of the Figure Eight Island Company;
Albert Killingsworth; Mr. Blair White; and Mr. Frank Martin
organization working with Figure Eight Island Company on the
Comm. Vaughan moved, seconded by Comm. Wright, that the proposed amendment to
Zoning Area ~k5, as presented from the Planning Commission to the Board of Commissioners,
be approved with direction to the Building Inspector to give approval to those lots
presently platted at 16,000 square feet unless there were other extenuating circumstances
and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the
Zoning Map of Zoning Area ~~5" be adopted. (A copy of this ordinance is contained in
Zoning Ordinance Book I, Section 5, Page 4.) Upon vote, motion carried unanimously.
Chm. Powell closed the public hearing to discussion.
LUNCH RECESS
Chm. Powell recessed the meeting for lunch from 2-3 PM.
DISCUSSION OF DOWNTOWN FEDERAL GOVERNMENT BUILDINGS
Comm. Vaughan requested that the Chairman be authorized to contact the General
Services Administration with regard to the flight of government offices from downtown
Wilmington to try to determine what could be done to reverse this trend: This was
agreed to by common consent.
CERTIFICATION OF ROSTER FOR OGDEN VOLUNTEER FIRE DEPARTMENT
Upon motion by Comm. Davis, seconded by Comm. Ha11, the roster submitted by
Chief Marion Covil of the Ogden Volunteer Fire Department was unanimously certified
by the Board. ~
~ 6 P~
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
TRANSFERS OF FUNDS - SOCIAL SERVICES
Upon motion by Comm. Wright, seconded by Comm. Hall, the following transfers
of funds for the Social Services Department in the 1973-1974 budget were unanimously
approved by the Board.
1) Transfer from the Aid to Disabled Account (41-612-19) to Aid for the Aged
(41-611-19) $1,752 and to the Medical Assistance Fund (41-615-19) $10,000.
2) Transfer from the Aid to the Blind Fund (41-614-19) to the State/County
General Assistance Fund (41-619-19) $7,000.
3) Transfer from the County Assistance Fund (41-617-19) to Auto Allowance
(11-610-14) $3,000.
ABATEMENTS AND REFUNDS
Upon motion by Comm. Hall, seconded by Comm. Davis, the requests for abatements
and refunds.-contained in Tax Administrator Larry J. Powe11's memorandum dated,
June 25, 1974, were unanimously approved. This memorandum is contained in Exhibit
Book II, Page 18.
REPORT ON COLE=LAYER-TRUMBLE COMPANY
County Manager Eller reported that he had talked with Mr. Quentin Fine of the
Co1e-Layer-Trumble Company regarding the monthly report to be sutmitted to the County
on the progress being made but that he had not heard from the man who was to pre-
pare and submit the report.
DISCUSSION OF ORDINANCE PROHIBITING VEHICLES ON THE BEACH STRAND
County Manager Eller stated that, when the County Commissioners had adopted the
ordinance that prohibited vehicles between the right-of-way of U. S. 421 and the
ocean in the southern part of the County, the ordinance, as adopted, had applied
only to that portion of the County between the southern corporate.limits of Kure
Beach and the monument at Fort Fisher. He stated that a question had arisen as to
whether the intent of this ordinance was to also cover the unincorporated area of
the County between the southern corporate limits of Carolina Beach and the northern
corporate limits of Kure Beach. He stated that, if it were the intent of the County
Commissioners that the ordinance apply to this area, the ordinance should be amended.
After a brief discussion, it was decided that the intent had not been to include
the area in question but that, if the residents of this area wished to be included
in the ordinance, they should appear before the Board to request inclusion.
INTENT TO APPROPRIATE $46,000 OF THE SCHOOLS CAPITAL RESERVE FUND
FOR THE ADMINISTRATION BUILDING
Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before the
Board along with Board of Education members Vera Shands, Paula Williams, LaMar Mciver,
and Dr. John B. Codington, Chairman of the Board of Education, to report that the
bids on the Administration Building for the County Schools had been received and
had exceeded the architect's estimate by $46,000. They requested that the Board of
Commissioners approve encumbering $46,000 from the Schools Capital Reserve Fund to
allow them to accept the bids as they had been submitted.
By common consent, the Board of Education was advised that the $46,000 would be
authorized for the Administration Building upon the adoption of the 1974-1975 budget
or an interim budget.from the Schools Capital Reserve Fund.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Hall, that the meeting be recessed to go
into executive session to discuss land acquisition with the Board of Education. Upon
vote, motion carried unanimously.
Chm. Powell recessed the regular meeting to go into executive session at 3:20 PM.
Chm. Powell recessed the executive session to go back into the regular session at
4:00 PM.
DATE FOR MEETING WITH BOARD OF EDUCATION ON RECREATION PLANS
County Manager Eller reported that'Mr. Charles Stott, who was preparing site
plans for three school areas for future recreational development, had indicated that
the plans would be ready for presentation to the County Commissioners and the Board
of Education on July 15. County Manager Eller requested that the Commissioners set
a date for a special meeting with the Board of Education and Mr. Stott to review the
plans.
By common consent, this meeting was set on July 15, 1974, the date of the regularly
scheduled meeting, at 2:00 PM.
ADOPTION OF "AN ORDINANCE REQUIRING LICENSI[VG AND CONTROL OF DOGS IN NEW HANOVER COUNTY"
County Attorney Fox had prepared a revised ordinance entitled "An Ordinance
Requiring Licensing and Control of Dogs in New Hanover County," which had been sub-
mitted to the County Commissioners for action by them.
Mr. Charles E. Rice, III, Attorney at Law, appeared before the Board representing
a group of citizens who had originally appeared before the Board and requested such an
ordinance.
Mr. Bill Huffine appeared before the Board representing the kennel club owners and
show dog owners.
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MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
ADOPTION OF "AN ORDINANCE REQUIRING LICENSING AND CONTROL
OF DOGS IN NEW HANOVER COUNTY" (CONTINUED)
Comm. Davis requested that on Page 'L of the revised ordinance that paragraph one
be changed to read as follows: "Such badge or tag so issued, together with a valid
rabies tag, during the period for which such license is issued, shall be securely
attached to a collar or harness to be worn by such dog or retained by the owner"
instead of "Such badge or tag so issued, together with a valid rabies tag, during
the period for which such license is issued, shall be securely attached to a collar
or harness to be worn by such dog at all times." This change was agreed to by common
consent.
Comm. Davis moved, seconded by Chm. Powell, that the kennel fee be $15 per year
rather than computed at the rate of $1.50 per dog as proposed in the revised ordinance.
Comm. Vaughan offered the substitute motion that the kennel fee be $20 per year.
Subsitute.motion died for lack of a second.
Upon vote, motion to set the kennel fee at $15 per year was approved as follows:
Voting Aye: Comm. Davis, Wright, and Chm. Powell.
Voting Noe: Comm. Hall and Vaughan.
Comm. Vaughan moved that the revised ordinance as submitted by County Attorney~Fox
be approved. Motion died for lack of a second.
Comm. Davis requested that on page 2, Section 4, Impounding Generally, the first
sentence be amended to read as follows: "Any dog running at large shall be impounded'.'
rather than "Any dog running at large sha11 be impounded, and any dog running at large
without a collar or harness with tags attached thereto as provided in Section 3, may
be immediately destroyed." This change was agreed to by common consent.
Comm. DAvis requested that in Section 4, Impounding Generally, that the impoundment
period be changed from seventy-two hours to seven days. This change was agreed to by
common consent.
By common consent, Section 10, Removal of Collar, Harness, and/or Tags or Defacing
of Same, was amended to read as follows: "No person other than the owner or his agent
sha11 remove the collar, harness and/or tags from any dog nor shall any person alter
or deface the same or use same for any unlicensed animal.' instead of "No person shall
unlawfully remove the collar, harness and/or tags provided in Section 3 from any dog
nor sha11 any person alter or deface the same or use same for any unlicensed animal."
Chm. Powell moved that Section 13, Violations, be approved as submitted by County
Attorney Fox. Motion died for lack of a second.
Comm. Davis moved, seconded by Comm. Hall, that Section 13, Violations, be struck
in its entirety from the ordinance.-
Comm. Vaughan offered the substitute motion, seconded by Chm. Powell, that
Section 13, Violations, be approved as submitted. Upon vote; substitute motion was
approved as follows:
Voting Aye: Comm. Vaughan, Wright, and Chm. Powell.
Votign Noe: Comm. Davis and Hall.
By common consent, the first sentence in Section 11, Dogs which may be Destroyed -
Entry on Premises in Quest of Rabid Dog, was amended to read as follows: "A11 dogs
affected with hydrophobia sha11 be destroyed, and any dog which has attacked and/or
bitten or otherwise injured any person and/or livestock or any other animal may be
riestroyed as provided herein" which added "as provided herein" to this sentence.
Comm. Davis moved that the Board reconsider Section 13, Violations, and try the
ordinance without any civil or criminal penalty to see what affect it would have on the
ordinance. Motion died for lack of a second.
By common consent, in Section 4, Impounding Generally, the second sentence was
amended as follows: "...unless redeemed within such period by the owner or keeper upon
payment or arrangement for payment, satisfactory to the dog warden, of fine and/or
pound fees as set forth in this ordinance" adding "or arrangement for payment, satis-
factory to the dog warden," to this sentence.
By common consent, it was agreed that the effective date of the ordinance would
be February 1, 1975.
Comm. Vaughan moved, seconded by Comm. Wright, that the revised ordinance sub-
mitted by County Attorney Fox entitled "An Ordinance Requiring Licensing and Control
of Dogs in New Hanover County" as.amended by the Board of Commissioners be adopted.
Comm. Davis stated for the record that, with the civil and criminal penalty left
in the ordinance, it was an act against the less affluent who would not be able to
redeem dogs and most of these dogs would be mongrels aud pets of children.
MINUTES OF REGULAR MEETING, JULY l, 1974 CONTINUED)
ADOPTION OF "AN ORDINANCE REQUIRING LICENSING AND CONTROL
OF DOGS IN NEW HANOVER COUNTY" (CONTINUED)
Upon vote, motion to adopt the ordinance as amended was approved as follows:
Voting Aye: Comm. Vaughan, Wright, and Chm. Powell.
Voting Noe: Comm. Davis, and Hall.
County Attorney Fox stated that, since the ordinance had not been adopted by
unanimity, this would have to be considered again by the Commissioners at their
next regular scheduled meeting of July 15.
ADOPTION OF NEW HANOVER COUNTY EROSION AND SEDIMENTATION ORDINANCE
Mr. Herbert Y. McK3m, Chairman oz tne nnvirunmenta Impact Ordinance Committee,
appeared before the Board to discuss the New Hanover County Erosion and Sedimentation
Ordinance with modifications of and as approved by the North Carolina Sedimentation
Control Commission on Wednesday, June 5, 1974.
Mr. McKim stated that the Environmental Impact Ordinance Committee had met on
Thursday, June 29, 1974, to discuss the modifications made by the North Carolina
Sedimentation Control Commission. He stated that there were ten of their fourteen
members present and that they had recommended unanimously that the ordinance, as
modified by the State, be adopted.
Upon motion by Comm. Vaughan, seconded by Comm. Hall, the New Hanover County
Erosion and Sedimentation Ordinance was unanimously adopted as modified by the North
Carolina Sedimentation Control Commission on Wednesday, June 5, 1974, with an effective
date of July 1, 1974. A copy of the ordinance, as adopted, is contained in the
New Hanover County Ordinance Book contained in the office of the Clerk to the Board.
ADOPTION OF INTERIM BUDGET
Comm. Ha11 moved that the Board of Commissioners appropriate in the 1974-1975
budget an additional $110,808 to Account ~~51 660 08, Pensions, in the Public Schools
budget to more adequately fund the school pension system; and that the tax rate be
adopted at 79C. Motion died for lack of a second.
Comm. Vaughan moved, seconded by Comm. Wright, that the Board of Commissioners
delete from the 1974-1975 budget as proposed the following: $293,000 for purchase of
land; $40,000 for advertising by the Chamber of Commerce; $36,000 for beach berms;
$35,000 from the Museum budget; $18,000 from life guards; and set the tax rate at 74~,
two cents lower than 1973-1974. Upon vote, motion was defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Hall and Chm. Powell.
County Attorney Fox stated that he agreed with County Manager Eller's interpre-
tation of North Carolina General Statute 153A-93(b) which stated "No county may make
payments into a retirement system or plan established by a local act unless the
system or plan is certified to be actuarially sound by a qualified actuary..." in
that the County could not legally appropriate any funds for the school pension system
until the study of the system had been completed and the fund had been declared
actuarially sound.
Comm. Hall moved, seconded by Chm. Powell, that a new appropriation of $110,808
be placed in Contingencies, Account ~kll 445 00, and that the tax rate be set at 79C
with the understanding that from this Contingency fund, when and if the actuarial
study had been received and it had been deemed necessary to put additional funds in
the Pension System, that this portion of the Contingency fund would be used for this
purpose.
Comm. Wright offered the substitute motion, seconded by Comm. Vaughan, that the
Board delete from the budget the $293,935 for land, which would reduce the tax rate
by 3~, because this could be put on a bond issue. Upon vote, substitute motion was
defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Ha11 and Chm. Powell.
Comm. Ha11 withdrew his original motion; Chm. Powell withdrew his second.
Comm. Hall moved, seconded by Chm. Powell, that the General Contingency fund be
placed in the budget at $427,760; and that the tax rate be set at 79G; and that
Account ~~51 660 00, Pensions, in the amount of $116,880 be deleted from the budget
at this time.
Chm. Powell asked County Attorney Fox if this were the only way the matter of,the
school pensions could be handled legally; and County Attorney Fox stated that, in his
opinion, it was.
Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that the
teachers' pensions be left right Ghere they were subject to changes when the certified
actuarial plan had been obtained or further legal study had determined that it could
not be left there.
6~~
MINUTES OF REGULAR MEETING, JULY 1, 1974 (CONTINUED)
ADOPTION OF INTERIM BUDGET (CONTINUED)
Upon vote, substitute motion was approved as follows:
Voting Aye: Comm. Davis, Vaughan, and Wright.
Voting Noe: Comm. Hall and Chm. Powell.
Comm. Davis moved, seconded by Comm. Vaughan, that the teachers be paid their
pension from the Teachers Pension Fund this year as it had been done in the past.
Upon vote, motion carried unanimously.
County Attorney Fox stated that, in his opinion, North Carolina General S.tatute
153A-93(b) precluded the payment of retirement benefits under the teachers' pension
plan until the actuary certification had been received.
Comm. Wright moved, seconded by Comm. Vaughan, that the Board adopt an ordinance
entitled "Interim Budget Ordinance for the Fiscal Year beginning July 1, 1974."
Comm. Hall offered the substitute motion.that a budget be adopted which included
a change in the Contingency fund, Account ~~11 445 00, from $200,000 to $310,808 and
that a tax rate of 79~ be adopted. Substitute motion died for lack of a second.
Upon vote, Comm. Wright's motion to adopt an interim budget was approved as
follows:
Voting Aye: Comm. Vaughan, Wright, and Chm. Powell.
Voting Noe: Comm. Davis and Hall.
The Interim Budget Ordinance, as adopted and signed, is contained in Exhibit Book II,
Page 19.
WITHDRAWAL OF SUPPORT FOR NEIGHBORHOOD DISTRICTS
Comm. Vaughan stated that he wished to withdraw his support of Comm. Davis' request
for a study to be made of neighborhood districts in the County.
REAPPOINTMENT OF COMM. HALL TO THE AREA MENTAL HEALTH BOARD
Comm. Hall stated that he felt the Board should appoint another representative to
the Area Mental Health Board.
Comm. Wright moved, seconded by Comm. Vaughan, that Comm. Hall remain as the Board's
representative on the Area Mental Health Board. Upon vote, motion carried unanimously.
EXECUTIVE SESSION
Comm. Wright moved, seconded by Comm. Davis, that the Chairman recess the regular
meeting to go into executive session to discuss a personnel matter. Upon vote, motion
carried unanimously.
Chm. Powell recessed the regular meeting to go into executive session at 5:55 PM.
Chm. Powell recessed the executive session to go into regular session at 6:05 PM.
ADJOURNMENT
Comm. Davis moved, seconded by Chm. Powell, that the meeting be adjourned. Upon
vote, motion carried unanimously.
Chm. Powell adjourned the meeting at 6:05 PM.
Respectfully submitted,
C~`~ `~ ~'~
Lise K. King
Clerk to the Board
k