1974-07-15 Regular Meeting6~9
MINUTES OF REGULAR MEETING, JULY 15, 1974
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
Ju1y 15, 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.
Comm. Wright offered the invocation.
APPROVAL OF MINUTES: SPECIAL MEETING, JUNE 24, 1974 •
Upon motion by Comm. Davis, seconded by Comm. Hall, the minutes of the special
meeting held on June 24, 1974, were unanimously approved as presented.
APPROVAL OF MINUTES: REGULAR MEETING, JULY 1, 1974
Upon motion by Comm. Wright, seconded by Comm. Hall, the minutes of the regular
meeting held on July 1, 1974, were unanimously approved as presented.
APPROVAL TO SELL 1106 SOUTH SIXTH STREET AT PRIVATE SALE
Tax Administrator Larry J. Powe11 reported that he had received an offer to
purchase property located at 1106 South Sixth Street for the sum of $991.45. He
stated that the County's interest in the property was 42.4% and that the property
had been acquired through foreclosure proceedings on Apri1 16, 1973, for a total amount
of $769.83.
Tax Adm. Powell requested permission to se11 the property at private sale under
the provisions of North Carolina General Statute 105-376(c) which read as follows:
"However, a purchasing taxing unit, in the discretion of its governing body, may resell
such property to the former owner or to any other person formerly having an interest
in the property at a private sale for an amount not less than the taxing unit's interest
therein." He stated that the party who wished to purchase this property had a deed
for the property dated March 13, 1965, which had never been recorded.
Upon motion by Comm. Hall, seconded by Chm. Powe11, Tax Adm. Powell was unanimously
authorized to se11 1106 South Sixth Street at private sale in accordance with
N. C. G. S. 105-376(c) for the sum of $991.45.
APPROVAL TO SELL 705 AND 707 HARNETT STREET
Tax Administrator Larry J. Powell stated that he had received an offer to purchase
property located at 705 and 707 Harnett Street for $1,150. He stated that the property
had been acquired through a tax foreclosure sale on May 14, 1973, for a total cost of
$758.20 and that the County's interest in the property was 42.3%.
Tax Adm. Powe11 requested permission to advertise the property for sale in
accordance with the Policy for Disposal of County Real Estate.
Upon motion by Comm.
unanimously authorized to
ABATEMENTS AND REFUNDS
Upon motion by Comm.
and refunds contained in
were unanimously approved
Page 20.
Wright, seconded by Comm. Davis, Tax Adm. Powell was
advertise 705 and 707 Harnett Street for sale as requested.
Davis, seconded by Comm. Ha11, the requests for abatements
tax Adm. Larry J. Powe11's memorandum dated July 9, 1974,
. A copy of this memorandum is contained in Exhibit Book II,
REPORT OF COLLECTOR OF REVENUE
Upon motion by Comm. Davis, seconded by
Collector of Revenue, for New Hanover County
was unanimously accepted by the Board. This
Page 21.
Comm. Hall, the report of Janie B. Straughn,
Tax Collections through June 30, 1974,
report is contained in Exhibit Book II,
AMENDMENT TO REAPPRAISAL CONTRACT - TAX DEPARTMENT
Tax Administrator Larry J. Powe11 recommended that the contract with Cole-Layer-
Trumble Company be amended by deleting the provision that required the Company to
appraise a11 tangible personal property used in or about the operation of an industrial
plant. He stated that this provision would mean an approximate savings to the County
of $7,240. He further requested that,in lieu of the requirement to appraise personal
property of industries, the contract provide that Co1e-Layer-Trumble provide to the
County certain drafting equipment, copying machines, and other equipment to be used
in maintaining the tax maps; the total cost of the equipment would be approximately
$4,700.
Comm. Vaughan moved, seconded by Comm. Hall, that the contract with Cole-Layer-
Trumble Company be amended by deleting the provision that required the Company to
appraise a11 tangible personal property used in or about the operation of an industrial
plant and, further, that approximately $4,700 be made available to the Tax Administrator
in his budget to purchase the necessary equipment to maintain the new tax maps;
and that the Tax Administrator come back to the Board with a specific budget amendment
for the necessary equipment. Upon vote, motion carried unanimously.
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
RECONSIDERATION OF "NEW HANOVER COUNTY DOG CONTROL ORDINANCE"
The Commissioners had been furnished copies of the proposed "New Hanover County
Dog Control Ordinance" with the changes agreed to by the Board at their meeting of
July 1, 1974. In addition to these changes, the County Manager and County Attorney
recommended the following changes.
1) That the effective date be made January 1, 1975 rather than February 1, 1975; and
2) That the provision in Paragraph 3 be that the $15 per year kennel fee entitle
the kennel owner to a maximum of 25 dog tags and that each additional tag
beyond 25 be sold at a price of 50 cents per tag.
By common consent, the effective date of January 1, 1975 was approved as recommended
by the County Manager and County Attorney.
Comm. Wright moved, seconded by Comm. Davis, that the provision in Paragraph 3
be that the $15 p.er year kennel fee entitle the kennel owner to a maximum of 25 dog
"tags and that each additional tag beyond 25 be sold at a price of 50 cents per tag
as recommended by the County Manager and County Attorney. Upon vote, motion was approved
as follows:
Voting Aye: Comm. Davis, Wright, and Chm. Powell.
Voting Noe: Comm. Hall and Vaughan.
By common consent, the first sentence in Section 3 was amended to rea~d as follows:
"Every owner or keeper of any dog in New Hanover County, annually, between January 1 and
January 31 in each year..." rather than "Every owner or keeper of any dog in New Hanover
County, annually, and on the first day of January in each year..."
Comm. Davis stated for the record that he felt the enactment of the Ordinance with
Section 12, Violations, included was an indication of the quality of life in Wilmington
that was being lost. He read an essay by George Graham Vest entitled "A Tribute to the
Dog." A copy of this essay is contained in Exhibit Book II, Page 22.
Comm. Davis moved, seconded by Chm. Powell,that the following sentence be struck
from Section 12, Violations. "In addition, any person violating the provisions of this
ordinance shall be guilty of a misdemeanor, and shall be fined not more than Fifty
Dollars ($50.00), or imprisoned for not more than thirty (30) days."
Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that
Section 12, Violations, be approved as presented.
Upon vote, substitute motion was defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Ha11, and Chm. Powell.
Upon vote,. original motion to amend Section 12, Violations, by deleting the sentence
which read "In addition, any person violating the provisions of this ordinance sha11
be guilty of a misdemeanor, and shall be fined not more than Fifty Dollars ($50.00),
or imprisioned for not more than thirty (30) days" was approved as follows:
Voting Aye: Comm. Davis, Hall, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
Chm. Powell moved that the "New Hanover County Dog Control Ordinance" be adopted
as amended. Motion died for lack of a second. (Ordinance was adopted by less than
unanimity later in the meeting.)
TABLING OF ENVIRONMENTAL IMPACT ORDINANCE COMMITTEE SUGGESTIONS
Comm. Vaughan had requested that the Commission consider several suggestions for
consideration by the Environmental Impact Ordinance Committee as follows:
1) Formulation of zoning changes which would require commercial developments
facing definitely residential developments on the opposite side of a street
to provide a suitable roadside screening belt in addition to the rear and
side buffers now required.
2) Formulation of zoning changes which would require commercial developments
to provide special lanes of egress and ingress in situations where traffic
density problems exist.
3) Preparation of a proposal for a"Code of Voting Ethics" for consideration
of adoption by the Commission.
4) A comprehensive examination of the cost-benefit ratio of encouraged growth
as applied to the welfare of the County citizenry as a whole.
Planning Director Richard A. Fender recommended that the Commission study Senate
Bill 1239 which provided for Environmental Quality Advisory Boards which would work
closely with the Planning Staff.
Comm. Wright moved, seconded by Comm. Vaughan, that this discussion be tabled until
the meeting of August 5, 1974, and that Planning Director Fender be requested to send
the Commissioners a copy of Senate Bill 1239 for their study. Upon vote, motion
carried unanimously.
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
DISCUSSION OF PLANNING RESPONSIBILITIES UNDER THE COASTAL AREA MANAGEMENT ACT
Comm. Vaughan had reque5ted that a discussion of the planning responsibilities
under the Coastal Area Management Act be placed on the agenda.
Planning Director Richard A. Fender stated that this had been taken into
consideration in the budget for fiscal year 1974-1975 and that he felt the Department
had been adequately staffed to handle these responsibilities.
No action was taken by the Board.
INTRODUCTION OF ASSISTANT PLANNING DIRECTOR
Planning Director Richard A. Fender introduced Mr. William B. Farris, Assistant
Planning Director, to the Board.
NORTH CAROLINA OCEAN SCIENCES INSTITUTE - LEAA GRANT APPLICATION
Courcn. Hall offered the following resolution and moved its adoption, which was
seconded by Comm. Davis, and adopted unanimously.
WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant"
has thoroughly considered the problem addressed in the subgrant application entitled
N. C. Ocean Sciences Institute and has reviewed the project described in the application;
and
WHEREAS, under the terms of Public Law 90-351 as amended, the United States of
America has authorized the Law Enforcement Assistance Administration, through the
North Carolina Division of Law and Order to make federal grants to assist local
governments in the improvement of the criminal justice system,
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTOrI, NORTH CAROLINA, THIS 15th DAY
OF JULY, 1974, AS FOLLOWS:
1. That the project referenced above is in the best interest of the Applicant
and the general public.
2. That Dan W. Eller be authorized to file, in behalf of the Applicant, an
application in the form prescribed by the Division of Law and Order for a subgrant
in the amount of $146,251.00 to be made to the Applicane to assist in defraying
the cost of the project described in the application. This individual shall act as
the authorized representative of the Applicant in connection with all aspects of the
application process.
3. That if the subgrant is made, the Applicant shall provide or make arrange-
ments to provide, a local cash matching contribution in the amount of $8,125.00 and
a local in-kind matching contribution valued under LEAA guidelines at -0- (or
proportionately reduced local matching contribution if the subgrant amount is reduced).
as required by the Act to defray the cost of the project.
4. That the Project Director designated in the application form shall furnish
or make arrangements for other appropriate persons to furnish such information, data,
documents and reports pertaining to the project, if approved, as may be required by
the Division of Law and Order.
5. That certified copies of this resolution be included as part of the appli-
cation referenced above.
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting.
REGIONAL RECORDS FOR SHERIFF'S DEPARTMENT - LEAA GRANT APPLICATION
Comm. Davis offered the following resolution and moved its adoption, which was
seconded by Comm. Hall and adopted unanimously.
WHEREAS, the New Hanover County Board of Commissioners herein called the
"Applicant" has thoroughly considered the problem addressed in the subgrant appli-
cation entitled Regional Records and has reviewed the project described in the appli-
cation; and
WHEREAS, under the terms of Public Law 90-351 as amended, the United States of
America has authorized the Law Enforcement Assistance Administration, through the
North Carolina Division of Law and Order to make federal grants to assist 1oca1
governments in the improvement of the criminal justice system,
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS IN
OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 15TH DAY OF
JULY, 1974, AS FOLI,OWS:
1. That the project referenced above is in the best interest of the Applicant
and the general public.
2. That Jerry Ramsey be authorized to file, in behalf of the Applicant, an
application in the form prescribed by the Division of Law and Order for a subgrant
in the amount of $3,000.00 to be made to the Applicant to assist in defraying the
cost of the project described in the application. This individual shall act as the
authorized representative of the Applicant in connection with all aspects of the
application process.
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MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
REGIONAL RECORDS FOR SHERIFF'S DEPARTMENT - LEAA GRANT APPLICATION (CONTINUED)
3. That it the subgrant is made, the Applicant shall provide or make arrangements
to provide, a local cash matching contribution in the amount of $750.00 and a local
in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately
reduced local matching contributions if the subgrant amount is reduced) as required
by the Act to defray the cost of the project.
4. That the Project Director designated in the application form shall furnish
or make arrangements for other appropriate persons to furnish such information, data,
documents and reports pertaining to the project, if approved, as may be required by
the Division of Law and Order.
5. That certified copies of tfiis resolution be included as part of the application
referenced above.
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting.
NEW HANOVER COUNTY GROUP CARE HOME - LEAA GRANT APPLICATION
County Manager Eller reported that the Commissioners had previously indicated
to Dr. William A. Phillips their intent to sponsor the application for a Law Enforcement
Assistance Administration (LEAA) grant to provide a group care home for undiscipTined
girls in New Hanover County. He stated that, under the terms of the grant, LEAA would
provide $38,746.72, the State through the Governor's Law and Order Committee would
provide $2,152.59, and the local cash match would be $2,152.59, for a total project
cost of $43,051.90. He stated that the group known as Youth Help, Inc., had agreed
to provide the funds for the local cash match and recommended that, if the application
was approved, the 1974-1975 budget show as revenue in the general fund the following
appropriations.
Federal Government Grants
11 349 14 Group Care Home $38,747
State Grants:
11 350 14 Group Care Home $ 2,152
YoutH He1p, Inc.: -
11 352 00 Group Care Home $ 2,153
County Manager E11er recommended that~the expenditure item in the general fund, non-
departmental, should be indicated as follows:
11 660 63 Group Care Home $43,052
Comm. Davis offered the following resolution and moved its adoption, seconded ,
by Comm. Hall, and further moved that the 1974-1975 budget show the appropriate entries
as recommended by the County Manager. Upon vote, motion carried unanimously.
WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant"
has thoroughly considered the problem addressed in the subgrant application entitled
N. H. Co. Group Care Home and has reviewed the project described in the application; and
WHEREAS, under the terms of Public Law 90-351 as~amended. the United States of
America has authorized the Law Enforcement Assistance Administration, through the
North Carolina Division of Law and Order to make federal grants to assist local govern-
ments in the improvement of the criminal justice system,
NOW THEREFORE BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN OPEN MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 15TH DAY OF
JULY, 1974, AS FOLLOWS:
1. That the project referenced above is in the best interest of the Applicant
and the general puhlic.
2. That Dan W. Eller be authorized to file, in behalf of the Applicant, an
application in the form prescribed by the Division of Law and Order for a subgrant in
the amount of $38,746.72 to be made to the Applicant to assist in defraying the cost
of the project described in the application. This individual sha11 act as the authorized
representative of the Applicant in connection with all aspects of the application
process.
3. That if the subgrant is made, the Applicant sha11 provide or make arrangements
to provide, a local cash matching contribution in the amount of $2,152.59 and a local
in-kind matching contribution valued under LEAA guidelines at -0- (or proportionately
reduced local matching contributions if the subgrant amount is reduced) as required
by the Act to defray the cost of the project.
4. That the Project Director designated in the application form shall furnish
or make arrangements for other appropriate persons to furnish such information, data,
documents and reports pertaining to the project, if approved, as may be required
by the Division of Law and Order.
5. That certified copies of this resolution be included as part of the application
referenced above.
6. That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting.
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MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
HUGH MacRAE PARK ROAD
Comm. Davis moved, seconded by Comm. V han, that the proposed new road in
Hugh MacRae Park be approved as presented b~~~ounty Manager upon consultation with
Mr. Hugh MacRae, and that the County Manager be directed to request that the Depart-
ment of Transportation accept a variance and take the road over for maintenance upon
completion. Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, Ha11, Vaughan, and Chm. Powell.
Voting Noe: Comm. Wright.
APPROVAL OF CONTRACT FOR PURCHASE OF QUICK RESPONSE FIRE TRUCK FOR AIRPORT
At their meeting of July 1, 1974, the Commission had approved the awarding
of the contract for a quick response fire truck for the New Hanover County Airport
to Fire Control Engineering Company.
County Manager Eller reported that the contracts had been mailed to the Company
for execution by them and that they had requested the deletion of the "Liquidated
Damage" clauses which provided for liquidated damages of $50 per day for each day's
delay in delivery of the vehicle. He stated that the Airport Commission and the
Federal Aviation Administration (FAA) representative had agreed to the deletion of
these provisions and requested that the County Commissioners approve this change.
Comm. Vaughan moved, seconded by Comm. Davis, that the Commission approve the
deletion of the "Liquidated Damage" clauses of the contract and further that the
Airport Manager be advised to request Fire Control Engineering Company to noti£y the
County when they had.started work on the County's quick response fire truck. Upon
vote, motion carried unanimously.
RESOLUTION AUTHORIZING SALE OF BOND ANTICIPATION NOTES IN THE AMOUNT OF $500,000
FOR NEW HANOVER MEMORIAL HOSPITAL AND $1,325.000 FOR CAPE FEAR TECHNICAL INSTITUTE
Comm. Hall presented the following resolution and moved that it be adopted:
WHEREAS, the Technical Institute Bond Order hereinafter described has taken
effect and the Board of Commissioners has issued $800,000 Technical Institute Bond
Anticipation Notes dated February 4, 1974, payable August 21, 1974, to borrow money
for the purpose for which bonds are authorized to be issued by said Bond Order; and
WHEREAS, the Board of Commissioners desires to renew the foregoing notes and to
borrow additional sums for the purpose for which bonds are authorized to be issued
by said Technical Institute Bond Order, in anticipation of the receipt of the proceeds
of the sale of said bonds; and
WHEREAS, the Public Hospital Bond Order hereinafter
and the Board of Commissioners desires to borrow money f~
are authorized to be issued by said Public Hospital Bond
the receipt of the proceeds of the sale of said bonds as
NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the
follows:
described has taken effect
~r the purpose f~'which bonds
Order in anticipation of
hereinafter provided:
County of New Hanover as
(1) The sum of $1,325,000 will be borrowed by the County of New Hanover in
anticipation of the receipt of the proceeds of the sale of the bonds authorized to
be issued by the bond order entitled "Bond Order authorizing the issuance of
$3,675,000 Technical Institute Bonds of New Hanover County", adopted by the Board of
Commissioners on September 18, 1972, for the purpose for which said bonds are
authorized to be issued. Negotiable notes, each designated Technical Insitute Bond
Anticipation Note , shall be issued for said sum so borrowed. Said notes shall be
dated August 19, 1974 and shall be payable November 20, 1974.
(2) The sum of $500,000 wi11 be borrowed by the County of New Hanover in
anticipation of the receipt of the proceeds of the sale of the bonds authorized
to be issued by the bond order entitled "Bond Order authorizing the issuance of
$9,360,000 Public Hospital Bonds of the County of New Hanover", adopted by the Board
of Co~nissioners on August 20, 1973, for the purpose for which said bonds are
authorized to be issued. Negotiable notes, each designated Public Hospital Bond
Anticipation Note", sha11 be issued for said sum so borrowed. Said notes shall
be dated August 19, 1974 and shall be payable August 20, 1975.
(3) All the foregoing notes shall bear interest fr:om their date at a rate
which sha11 not exceed ten per centum (10%) per annum. Such interest sha11 be payable
at the maturity of the said notes. Each of said notes shall be signed by the '
Chairman and Clerk of the Board of Commissioners of said County and the Sea1 of
said County shall be affixed to each of said notes. ~
(4) The power to fix the rate of interest to be borne by said notes and to
determine the denomination or denominations of the notes and the place of payment
of the notes is hereby delegated to the Chairman and Clerk of the Board of Commissioners
of said County who are hereby authorized and directed to cause said notes to be
prepared and to execute said notes when they sha11 have been sold by the Local
Government Commission of North Carolina.
~~~
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
RESOLUTION AUTHORIZING SALE OF BOND ANTICIPATION NOTES IN THE AMOUNT OF $500,000
FOR NEW HANOVER MEMORIAL HOSPITAL AND $1,325,000 FOR CAPE FEAR TECHNICAL INSTITUTE (CONTINUED)
(5) The Chairman and Clerk of the Board of Commissioners are hereby authorized
to make application to the Local Government Commission of North Carolina for its
approval of both issues of said notes in the manner prescribed by The Loca1 Government
Finance Act. Said Local Government Commission is hereby requested to sell the notes
in the manner prescribed by said Act. Said notes, when they shall have been sold by
said Commission, in the manner prescribed by law, and when they shall have been
executed in the manner prescribed by this resolution, shall be turned over to the
State Treasurer of the State of North Carolina for delivery to the purchaser or pur-
chasers to whom they may be sold by said Commission.
The motion having been duly seconded, and the resolution having been considered,
it was adopted, Messrs. Davis, Ha11, Powe11 and Mrs. Wright voting for the resolution
and Co~n. Vaughan voting against it.
Co~n. Vaughan had offered the substitute motion that the $500,000 for New Hanover
Memorial Hospital be deleted until the Commissioners could become informed as to whether
it would be more advantageous for a private hospital to come in. The substitute motion
had died for lack of a second.
Comm. Wright stated that she felt the Board should determine if the funds for the
Hospital were to be used for the purpose that was put to the voters of the County
before the notes were sold. This was agreed to by common consent.
Comm. Davis requested that the Commission have a joint meeting with the New Hanover
Memorial Hospital Board of Trustees to discuss this and other matters. This was agreed
to by common consent and set for Monday, August 5, 1974, at 2:00 PM at the regularly
scheduled meeting.
CERTIFICATION OF ROSTER FOR WINTER PARK VOLUNTEER FIRE DEPARTMENT, INC.
Upon motion by Comm. Ha11, seconded by Comm. Davis, the roster submitted by the
Winter Park Volunteer Fire Department, Inc., of active firemen was unanimously certified.
CERTIFICATION OF ROSTER FOR CASTLE HAYNE VOLUNTEER FIRE DEPARTMENT, INC.
Upon motion by Comm. Wright, seconded by Comm. Hall, the roster submitted by the
Castle Hayne Volunteer Fire Department, Inc., of active firemen was unanimously certified.
REQUEST FOR REPORT TO THE TAXPAYERS OF NEW HANOVER COUNTY
Comm. Davis presented "A Report to the Shareholders, Citizens of Catawba County"
and moved, seconded by Comm. Hall, that the Board authorize_ County Manager Eller to
present a similar report to the Commission for approval to be distributed to the
taxpayers of New Hanover County and the best way for distribution. Upon vote, motion
carried unanimously.
ORDZNANCE AMENDING THE NEW HANOVER COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE
Comm. Vaughan moved, seconded by Comm. Wright, that the Yoilowing resolution be
adopted. Upon vote, motion carried unanimously.
Ordinance Amending the
New Hanover County
Soil Erosion and Sedimentation Control Ordinance
WHEREAS the New Hanover County Commissioners desire to amend the New Hanover County
Soil Erosion and Sedimentation Control Ordinance to extend the application thereof to
such incorporated areas as may elect to come under its terms,
NOW THEREFORE, be it ordained by the Board of Commissioners of New Hanover County
that the New Hanover County Soil Erosion and Sedimentation Control Ordinance be amended
by adding Section 2(b) thereto, said Section 2(b) to read as follows:
Section 2(b) Territorial Jurisdiction. This Ordinance shall apply to all
unincorporated areas within the geographic confines of the County of New Hanover, and
to such incorporated areas as may by resolution permit this Ordinance to be applicable
within such incorporated areas.
This Amendment shall be effective on and after July 15, 1974.
ADOPTION OF RESOLUTIONS REGARDING PUBLIC SCHOOL SYSTEM OF
NEW HANOVER COUNTY SUPPLEMENTARY PENSION PLAN
Comm. Hall moved, seconded by Chm. Yowell, that the following resolutions be
adopted as recommended by H. Gray Hutchison and Associates, Inc., Actuaries and Con-
sultants.
Resolution Requesting that the New Hanover County
Representatives in the North Carolina General Assembly
Introduce Legislation Amending Chapter 385 of the
Public-Local Laws of 1921 as Amended
The Board of Commissioners of New Hanover County (North Carolina) hereby resolves:
WHEREAS, Chapter 385 of the Public-Local Laws of 1921 as amended provides that
a11 Employees employed on a full-time basis by the New Hanover County School System
shall be entitled to a supplementary retirement benefit thereunder, provided they have
served for 20 years in the public schools of New Hanover County and who have reached
the age of 60 years, and
6~~
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
ADOPTION OF RESOLUTIONS REGARDING PUBLIC SCHOOL SYSTEM OF
NEW HANOVER COUNTY SUPPLEMENTARY PENSION PLAN (CONTINUED)
WHEREAS, the eligibility provisions of the Retirement Act have been interpreted
to recognize both continuous service and periods of broken service for the purpose
of ineeting the requirement of 20 years of service with the School System, and
WHEREAS, membership in the Retirement Plan was frozen as of May 1, 1971, so that
no person whose initial period of employment by the Board of Education of New Hanover
County commenced on or after that date is eligible for benefits thereunder, and
WHEREAS, it is the desire of the Board of Commissioners to limit the extent to
which broken service sha11 be recognized for meeting the eligibility requirements
thereunder for those employees whose employment commenced prior to May 1, 1971, who
subsequently terminated their employment, and who may return to the employ of the
Board of Education of New Hanover County at some future date.
NOW, THEREFORE, it is resolved that it is the desire of the Board of Commissioners
of New Hanover County that Chapter 385 of the Public-Local Laws of 1921, as amended,
be further amended to provided that (a) any terminated Employee of the Board of Education
of New Hanover County, who was a member under the aforementioned Retirement Act and who
had not completed 20 years of continuous or broken service as of his date of termination,
shall forfeit all rights to complete said service requirement and to be reinstated as
a member thereof unless such Employee returns to the employ of the Board of Education
of New Hanover County prior to July 1, 1975, and, provided further, that he or she is
continuously employed thereafter until completion of the 20 years of service required
for entitlement to benefits under the Plan; and (b) that any Employee terminated after
July 1, 1975 shall cease to be a member under the Retirement Act and shall not be
entitled to any benefit thereunder unless he or she has completed 20 years of service
as of his date of termination.
RESOLVED, that the Board of Commissioners hereby requests that the New Hanover
County Representatives to the North Carolina General Assembly of 1975 submit to the
General Assembly Legislation designed to implement this change in the Retirement Act.
Resolution of Intention to Fund
Public School System of New Hanover County
Supplementary Pension Plan
RESOLVED that the New Hanover Board of County Commissioners intends to fund the
Public School System of New Hanover County Supplementary Pension Plan for the current
year beginning July 1, 1974 in the amount of $236,530 and at the increased amount that
wi11 of necessity have to be determined as of July 1, 1975 to make up for the under-
payment for fiscal year 1974-1975.
Con¢n. Vaughan offered the substitute motion, seconded by Comm. Wright, that the
foregoing resolutions be altered to show the Board's intent to fund the Plan if, after
further study and with appropriate action by the legislature coming up, it required
funding. Upon vote, substitute motion was defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Hall, and Chm. Powell.
Upon vote, the original motion to adopt the foregoing resolutions with regard
to the Pension Plan carried as follows:
Voting Aye: Comm. Davis, Ha11, and Chm. Powe11.
Voting Noe: Comm. Vaughan and Wright.
Comm. Vaughan stated for the record that the majority of the Commissioners had
just voted for something that they did not understand.
Comm. Hall stated for the record that Comm. Vaughan's statement was based on his
ill-advised thinking and not a fact.
Co~n. Wright stated for the record that she thought it was very unwise to fund
the Pension Plan before H. Gray Hutchison had finished his study and before it had
been decided what legislation was needed.
Comm. Davis stated for the record that the majority of the Commissioners felt
that the teachers should be paid.
COMM. WRIGHT CHANGES VOTE ON "THE OPEN HOUSE"
Comm. Wright stated tor the record that she would like for her vote on the matter
of "The Open House" changed and that she would like to be recorded as voting "Noe"
on this issue due to some information she had received.
ADOPTION OF 1974-1975 BUDGET ORDINANCE
Comm. Ha11 moved, seconded by Comm. Davis, that the Ordinance entitled
"New Hanover County, North Carolina, 1974-1975 Budget Ordinance" as presented by
County Manager Eller be adopted, which set the tax rate at 79 cents per $100
valuat'son..
Comm. Wright offered the substitute motion that the tax rate be set at 77 cents
by leaving out Land Purchase in the amount of $293,000. Substitute motion died for
lack of.a second.
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
ADOPTION OF 1974-1975 BUDGET ORDINANCE (CONTINUED)
Comm. Vaughan offered the substitute motion, seconded by
of Commissioners delete from the 1974-1975 budget as proposed
for purchase of land; $40,000 for advertising by the Chamber
beach berms; $35,000 from the Museum budget; $18,000 for life
rate at 74 cents, two cents lower than 1973-1974. Upon vote,
defeated as follows: .
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Hall, and Chm. Powell.
Comm. Wright, that the Board
the followin : $293,000
~f Commerce; ~36,000 for
guards; and set the tax
substitute motion was
Upon vote, original motion to adopt the "New Hanover County, North Carolina,
1974-1975 Budget Ordinance" as presented by County Manager Eller was approved as follows:
Voting Aye: Comm. Davis, Hall, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
A copy of this Ordinance, as adopted, is contained in Exhibit Book II, Page 23.
Comm. Wright stated for the record that she thought the Board was acting hastily,
that they did not have any definite fund balance figures, and that they had not con-
sidered things thoroughly.
Comm. Vaughan stated that this was illegal because the Board had not received a
certified copy from the Board of Education of the additions to the Pension Plan.
(See Request for Ruling on Budget Ordinance, Page 686, for further discussion of this.)
LUNCH RECESS
Chm. Powell recessed the meeting for lunch from 12-1 PM.
ADOPTION OF "NEW HANOVER COUNTY DOG CONTROL ORDINANCE"
Chm. Powell moved, seconded by Comm. Vaughan, that the "New Hanover County Dog
Control Ordinance" as amended earlier in the meeting be adopted. Upon vote, motion
carried as follows:
Voting Aye: Comm. Davis, Vaughan, Wright, and Chm. Powell.
Voting Noe: Comm. Hall.
REQUEST FOR RULING ON BUDGET ORDINANCE
Comm. Wright asked County Attorney Fox if the budget had been legally adopted
in that a certified copy of those persons under the Public School System of New Hanover
County Supplementary Pension Plan had not been submitted by the Board of Education.
County Attorney Fox stated that it was his opinion that the Budget Ordinance had
~ been legally adopted but that the certification with regard to the pensioners should
be received before their checks were dispersed.
County Manager Eller stated that he would get the certification of pensioners
from the Board of Education prior to dispersing the pensioners' checks.
TRANSFER OF FUNDS - PLANNING DEPARTMENT
Upon motion by Comm. Hall, seconded by Comm. Davis, the following transfers of
funds for the Planning Department were unanimously approved in the budget for fiscal
year 1973-1974.
$14.89 from Contract Services, Account ~~11 490 45, to Insurance and Bonds,
Account ~~11 490 54.
$39.65 from Contract Services, Account ~kll 490 45, to Telephone and Postage,
Account ~kll 490 11.
EXECUTIVE SESSION
Comm. Davis moved, seconded by Chm. Powell, that the meeting be recessed to go
into executive session to discuss personnel. Upon vote, motion carried unanimously.
Chm. Powell recessed the meeting to go into executive session at 1:20 PM.
Chm. Powell recessed the executive session to go back into regular session
at 2:00 PM. '
COMMITTEE APPOINTMENTS
Upon motion by Comm.,Davis, seconded by Comm. Hall, the following committee appoint-
ments were unanimously approved by the Board.
NAME BOARD EXPIRATION DATE
Mr. George E. Kidder Airport Commission 6/3U/79
Mrs. Janet S. Morgan Mental Health Board 6/30/78
Dr. William A. Phillips Mental Health Board 6/30/78
Mr. Augustus B. Moore, Jr. Museum Board 6/30/77
Mrs. A. D. Howland Museum Board 6/30/77
Mr. Paul Grimsley Museum Board 6/30/75
Mrs. Charles Nance Museum Board ~ 6/30/75
Mr. Samuel E. Oots Social Services Board 6/30/77
Mr. Paul Foster Plannin g Commission 7/31/77
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
PRESENTATION OF RECREATION PLANS FOR THREE SCHOOL SITES
Mr. Charles Stott presented the site plans that he was commissioned to prepare
for three school sites for future recreational development for Blair-Noble School-
Park Complex, Pine Valley School-Park Complex, and College Park Elementary School
and Community Park. Members of the Board of Education and School Staff were present
for this presentation.
Upon motion by Comm. Vaughan, seconded by Comm. Hall, the Board unanimously
accepted Mr. Stott's site plans with appreciation. No further action was taken by
the Board on Mr. Stott's recommendations.
EXECUTIVE SESSION
Comm. Vaughan moved, seconded by Comm. Davis, 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 meeting to go into executive session at 3:00 PM..
Chm. Powell recessed the executive session to go back into the regular session
at 3:25 PM.
DISCUSSION OF COURTHOUSE ARCHITECT
Comm. Vaughan moved, seconded by Comm. Wright, that the Board request that
Mr. Herbert P. McKim resign as architect for the proposed courthouse or resign as
chairman of the Democrat Party. Upon vote, motion was defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Hall and Chm. Powell.
Comm. Vaughan stated for the record that he felt Mr. McKim had embarked on a
career that could possibly hurt the courthouse project.
SELECTION OF SITE FOR COURTHOUSE
Comm. Hall moved, seconded by Chm. Powell, that the courthouse architects be
directed to proceed with their plans based on Scheme A(the four-block area bounded
by Market Street, Second Street, Chestnut Street, and Fourth Street) for the site and
location of the proposed courthouse.
Comm. Wright offered the substitute motion that Scheme B(the four-block area
bounded by Third Street, Chestnut Street, Fifth Street, and Market Street, and closing
Princess Street between Third and Fourth Streets) be selected because she felt it
more nearly coincided with what was in mind originally and would more fully utilize
what the County already had. Substitute motion died for lack of a second.
Comm. Vaughan offered the substitute motion, seconded by Comm. Wright, that
Scheme C(the four-block area bounded by Third Street, Chestnut Street, Fifth Street,
and Market Street, and clos,ing Princess between Third and Fourth Streets, and also
closing Fourth Street between Market and Princess Streets) be selected. Upon vote,
substitute motion was defeated as follows:
Voting Aye: Comm. Vaughan and Wright.
Voting Noe: Comm. Davis, Hall, and Chm. Powe11.
Upon vote, the original motion to select Scheme A for the courthouse location
was approved as follows: .
Voting Aye: Comm. Davis, Hall, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
BOND ISSUE TO BE HELD FOR CONSTRUCTION FUNDS FOR COURTHOUSE
Comm. Hall moved, seconaea ~y Comm. Davis, t at the County Commissioners place
on the November, 1974, ballot a bond issue for funds for the proposed courthouse.
Upon vote, motion carried as follows:
Voting Aye: Comm. Davis, Hall, Wright, and Chm. Powell.
Voting Noe: Comm. Vaughan.
Comm. Wright stated that she was votiug: for the bond issue's being placed on
the ballot with the understanding that she did not approve of the site that had been
selected for the courthouse complex.
EXECUTIVE SESSION
Comm. Davis moved, seconded by Chm. Powell, that the meeting be recessed to go
into executive session to discuss personnel. Upon vote, motion carried unanimously.
Chm. Powell recessed the meeting to go into executive session at 4:20 PM.
Chm. Powell recessed the executive session to go back into regular session at
5:00 PM.
.
. •.
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5
6~~
MINUTES OF REGULAR MEETING, JULY 15, 1974 (CONTINUED)
COMMITTEE APPOINTMENTS
By common consent, the following committee appointments were approved.
Comm. Vaughan was reappointed to the Harbor House Executive Committee, term to
expire Ju1y 31, 1975.
Comm. Davis was appointed to the New Hanover Memorial Hospital Board of Trustees,
term to expire July 31, 1975.
Comm. Wright was appointed to the North Carolina Marine Resources Center, term to
expire July 31, 1975.
COST-OF-LIVING INCREASE FOR W. H. CRANFORD
Comm. Davis moved, seconded by Comm. Hall, that W. H. Cranford, Sanitation 5uper-
visor II in the Health Department, be given a 7.5% cost-of-living increase. Upon vote,
motion carried as follows:
Voting Aye: Comm. Davi•s, Hall, and Chm. Powell.
Voting Noe: Comm. Vaughan and Wright.
RESOLUTION WITH REGARD TO ADVERTISING FUNDS THROUGH CHAMBER OF COMMERCE
RESOLVED, that the sum of $40,000 contained in the item entitled Advertising,
Account No. 16 575 27, appearing on page 90 of the budget of New Hanover County, is
appropriated from the surplus funds of New Hanover County derived from sources other
than ad valorem taxation to the Wilmington Chamber of Commerce to be used exclusively
for the purpose of advertising the advantages of the County of New Hanover in an effort
to secure the location of new industry within the County. Before any expenditure of
said appropriation sha11 be made, there shall be submitted to and approved by the
Board of Commissioners of New Hanover County the specific advertising to be done and
the approximate cost thereof. All funds turned over to the Wilmington Chamber of
Commerce pursuant to this resolution shall be accounted for by the Wilmington Chamber ~
of Commerce before the expiration of the fiscal year of the County ending June 30, 1975.
Comm. Hall offered the foregoing resolution and moved its adoption, seconded by
Comm. Davis. Upon vote, motion was approved as follows:
Voting Aye: Comm. Davis, Ha11, and Chm. Powell.
Voting Noe: Comm. Wright.
Absent: Comm. Vaughan. (Comm. Vaughan had temporarily left the table and did
not vote on this motion.)
RESIGNATION OF COMM. J. M. HALL, JR.
Comm. J. M. Ha11, Jr., offered his resignation from the Board of Commission2rs
effective August 1, 1974.
Chm. Powe11 moved, seconded by Comm. Davis, that the Board have a plaque made
expressing appreciation for Comm. Hall's past service. Upon vote, motion carried
unanimously.
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Davis, that the meeting be adjourned. Upon
vote, motion carried unanimously. ~
Chm. Powe11 adjourned the meeting at 5:15 PM.
Respectfully submitted,
' ~~,~~" `~ ~'d
ise K. King
Clerk to the Board
k
MINUTES OF REGULAR MEETING, AUGUST 5, 1974
ASSEMBLY
The New Hanover County Board of Commissioners met in regular session on Monday,
August 5, 1974, at 9:00 AM in the Assembly Room, County Commission Building, Wilmington,
North Carolina.
Members present were Commissioners Peter R. Davis; M. H. Vaughan; Vivian S. Wright;
Chairman W. Douglas Powell; County Attorney, James C. Fox; County Manager, Dan W. Eller;
and Clerk to the Board, Lise K. King. No members were absent.
Chm. Powe11 called the meeting to order.
Rev. Paul De Foggi offered the invocation.
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