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1975-04-07 Regular Meeting ~:: ! ~ i.151 i I I i I I MINUTES OF SPECIAL MEETING, MARCH 21, 1975 (CONTINUED) ADJOURNMENT Comm. Wright moved, seconded by Comm. Taylor, that the meeting be adjourned. Upon vote, motion carried as follows: Voting Aye: Comm. O'Shie]ds, Taylor, Wright, and Chm. Davis. Absent: Comm. Alper. . Chm. Davis adjourned the meeting at 3:00 o'clock p.m. Respectfully submitted, ~~)JcL . (Mrs.) Lise K. King (f Clerk to the Board k MINUTES OF REGULAR MEETING, APRIL 7, 1975 ASSEMBLY The New Hanover Board of County Commissioners met in regular session on Monday, April 7, 1975, at 9:00 o'clock a.m. in the A:;sembly Room, County Commis- sion Building, Wilmington, North Carolina. Members present were Commissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter l~. Davis; County Attorney, James C. Fox; County Manager, Dan W. Eller; and ClerJ~ to the Board, Lise K. King. No members were absent. . Chm. Davis called the meeting to order. Bishop J. Dwain Flowers of The Church of Jesus Christ of Latter Day Saints offered the invocation. PRESENTATION OF PLAQUE TO FORMER COUNTY COMMISSIONER, M. H. VAUGHAN Chm. Davis presented a plaque with a gavel to former County Commissioner, M. H. Vaughan, in appreciation for his years of servi.ce on the County Commission both in his capacity as commissioner and Chairman. APPROVAL OF MINUTES: REGULAR MEETING, MARCH 17, 197 ~~ Comm. O'Shields questioned the inclusion of the verbatim transcript on Page l3~ under "Report to Cole-Layer-Trumble company." Comm. Wright stated that she had requested this transcript and made the following stat:ements for the 1ecord. That if Comm. O'Shields were questioning the cost of prepc.ring the transcript, she had been on the Board approximately 2l:f years and had spent $90.90 for travel; whereas, Comm. O'Shields had been on the Board for approximately six months and had spent $538.90 for travel. Comm. Wright stated further that something incorrect or mis- leading had been stated at the meeting of March 17 by ChID. Davis and was contained in the verbatim transcript, and this was the followir..g: That ChID. Davis had been the first to bring up thn question of conflicts when she had reported to the Board that she was a member of the Taxpayers Association. That during the discussion that followed, she had asked Chm. Davis if he had ever been a member or a director of any of the organizations on which the Board voted for appropriations and that he had answered, "None other than the ones that I had been appointed to publicly .bY this Commission." That she had then asked him specifically about several organizations and he had stated that one of these he had resigned from. That the record show that he had resigned from this organization (RSVP) recently and that on December 16 when this organiza~ion had come to the Board for a letter of intent for funding in fiscal year 1975/1976, he had been a member of the Advisory Board. For the record, Corom. Wright stated that she had no objections to the RSVP Program. For the record, Comm. wright stated that she was serving the taxpayers of the County. __.._~..__._...__.._'_'_'_._ _..___._ .__ . ._.._ _ __~__ ....__ ~.'_.'_.,"__'''n_'___'__'____ _._. ..-. I I ._- .---'--..- ...-----~--:-------:--"----._~~ riS2 ! t MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) APPROVAL OF MINUTES: REGULAR MEETING, MARCH 17, 1975 (CONTINUED) Comm. Wright requested that on Page 139 under "Aba'~ements and Refunds" the record show that she had requested Attorney Fox to review these requests to determine if they were legal. Comm. Wright requested that on Page 144 under "Tabling of Additional Appro- priation for Legion Stadium" the record show that she was the one who had first asked if there were sufficient funds to cover this and that was why the County Manager and County Finance Officer had checked on this.: Comm. Wright requested that on Page 147 under "County Manager to Approve Expenditures from Account #11 625 75 - Museum" the recm,d show that this was for expenditures for minor items such as nails, screws, wood, glass, fabric, light fixtures, etc., which individually were not capital out~ay items but were used in the construction of fixed assets. f\ I / Comm. Wright requested that on Page Building" the record be changed to read, of the Board of Commissioners..." rather 148 under "Plaque for Mental Health " . . . agreed tha'.': the names of the members than, ..... agre~~d that the Board of Com- 1 .. II mlSSloners... County Mgr. Eller reported that on Page 136 under "Approval of Bids on County Vehicles" the bid price on the first automobile had beell reported to the Board as $1,000 but was correctly stated in the minutes as $800. Upon motion by Comm. 0' Shields, seconded by Comm. \iright, the minutes of the. regular meeting held on March 17, 1975, were unanimously approved as corrected. ; APPROVAL OF MINUTES: SPECIAL MEETING, MARCH 21, 1975 Comm. Wright requested that on Page 150 under "Tab:~ing of Appropriation for Legion Stadium" the record show that her tabling motionlhad been made based on information given by the County Manager and County Fina~lce Officer on funds that were available. ' Upon motion by Comm. O'Shields, seconded by Comm. Hright, the minutes of the special meeting of March 21, 1975, were unanimously app~~oved as corrected. ~ PUBLIC HEARING: 201 FACILITIES PLAN In accordance with Federal EPA regulations for construction grants for wastewater treatment systems published in the Federal Rngister, Volume 39, Number 29, Part 3, February 11, 1974, announcement of a:final public hearing had been published in the Wilmington Morning Star on March 7, 14, 21 and 28, 1975, to be held by the New Hanover Board of County Commissiorlers on Monday, April 7, 1975, at 9:00 o'clock a.m. Mr. W. S. Funderburg appeared before the Board and requested to be heard. Chm. Davis requested that Mr. Funderburg hold his comments until after the public hearing. Comm. wright moved, seconded by Comm. Taylor, that Mr. Funderburg be allowed to be heard. (No vote was taken on this motion, and Conm. Taylor later withdrew his second after Mr. Funderburg had been heard by the Board.) Mr. Funderburg stated that he objected to the Commi.ssioners' holding a final public hearing in that the draft of Part II which had bE~en available for public inspection did not contain all of the information contained in the draft of Part II of the Plan presented to the Commissioners at their brie:fing on April 3, 1975. Comm. Wright moved that the public hearing be tabled until the meeting of April 21, 1975. Upon vote, tabling motion was defeated as follows: r-\ I ) Voting Aye: Comm. Wright voting Noe: Comm. Alper, O'Shields, Taylor, and Chm. Davis. ~ -.--.---,-"-. -- -- .--..-------..- ...-----.---..-- . . I.. I. . , 'j ~ 1\'5~3 MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) PUBLIC HEARING: 201 FACILITIES'PLAN (CONTINUED) Comm. Wright stated for the record that she d:~d not have all of the infor- mation yet, and she thought it ~as very wasteful of the Commission's time to hold a public hearing when they did not even have all of the reports. She asked how they could have a hearing, how they could anSWE~r questions from the public, how they could give the engineers any guidelines for how they wanted them to go unless they had the information to study themselves much less the public. Comm. Taylor moved that the Board include anot:her public hearing on the 201 Facilities Plan at their meeting of April 21, 1975. Motion died for lack of a second. Chm. Davis requested that the record show that: Part II of the Plan had been available for public inspection 14 days prior to the public hearing. Comm. Wright moved, seconded by Comm. Alper, that another public hearing be held at the second meeting in May. Upon vote, motion carried unanimously. Comm. O'Shields moved, seconded by Comm. Wright, that the Clerk publish a notice in the Wilmington Morning Star regarding the public hearing of May 19 in accordance with the Feder~l EPA regulations and that a separate notice be run that the Commission would be accepting written comments on th e 201 Facilities Plan prior to the public hearing. Upon vote, motion carried unanimously. Col. Paul S. Denison and Mr. Bill Burnett of Henry von Oesen & Associates presented the Plan and opened the floor to discussion. The following persons appeared before the Board in this regard: Mr. Ed Schwinn, Master Sergeant Herbert D. Hales, Nr. Warren Stiles and Mr. Darryl Wiley. Mr. Wiley presented written comments to the Board which are contained in Exhibit Book II, Page 75. DISCUSSION OF INFORMATION REQUESTED BY TAXPAYERS ASSOCIATION Comm. Wright requested that the Clerk to the Board report to the Board what information Mrs. Cecelia Pleasants, Executive Director of the Taxpayers Association, had requested during the break. The Clerk to the Board reported that Mrs. Pleasants had requested a certified copy of the Minutes of the Meeting of March 17, 1975, and a copy of the verbatim transcript of the meeting with Cole-Layer-Trumble Company which had taken place at that meeting. Comm. Wright asked Mrs. Cecelia Pleasants if she had ever given Mrs. Pleasants any reports, minutes, transcripts, or anything like that. Mrs. Pleasants stated that Comm. Wright had not. Comm. Wright asked County Mgr. Eller if she haj not asked him that, if any- body from the Taxpayers Association came to the office for any information, he please have the office personnel make some kind of receipt for this information so that there would be no question of any impropriety on her part. County Mgr. Eller stated that she had. PUBLIC HEARING - CLOSING OF STUB STREET IN SILVA TERRA SUBDIVISION Notice had been published in the Wilmington Morning Star that the County Commissioners would consider closing a portion of a!1 unnamed stub street leading from Section 3 of Silva Terra Subdivision into Section C of Silver Lake Sub- division at their meeting of April 7, 1975. Planning Director Richard A. Fender stated that the Planning Commission and Planning Staff recommended that this unnamed stub street be closed. Mr. Gleason L. Allen, Attorney at Law, appeared before the Board representing the Petitioner. Messrs. Bill and Bob Doha of Cape Fear utilitil~s appeared before the Board in opposition to this closing. -'''-~---'------_.- --~--- ,,--. - . -.....-_.._-.-_.~--_.,---~ ---.--.-.- . .. .. . .. -- ------.. -.--- .,.---..---..-. .....-....--.--.... -."... -"". ...........--......---..- -'---_.~ :1/54: MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) PUBLIC HEARING - CLOSING OF STUB STREET IN SILVA TERRA SUBDIVISION (CONTINUED) Comm. Alper moved, seconded by Chm. Davis, that, until another dedicated road was put through and paved, the Board not approve the closirg of this street stub. Comm. O'Shields offered the substitute motion, seconded by Comm. Taylor, that the Board approve the closing of this street stub. Upon vote, substitute motion was defeated as follows: I 'I ~ Voting Aye: Comm. O'Shields and Taylor. Voting Noe: Comm. Alper, Wright, and Chm. Davis. Upon vote, original motion carried as follows: Voting Aye: Comm. Alper, Wright, and Chm. Davis. Voting Noe: Comm. O'Shields and Taylor. PUBLIC HEARING The Clerk to the Board reported to the Board of Commissioners that notice had been published in the Wilmington Morning Star on March 15!and March 22, 1975, that the Board of Commissioners would hold a public hearing at 10:00 o'clock a.m. with regard to the following rezoning request, application for special use permit, proposed amendments to the New Hanover County Zoning Ordinance, and rezoning appeal from the recommendation of the Planning Commission. Chm. Davis opened the public hearing to discussion. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE BETWEEN ANDOVER ROAD AND BREEZEWOOD ROAD FROM R-15 (SINGLE FAMILY DISTRICT) TO B-1 (BUSINESS DISTRICT) IN ZONING AREA #9B. I Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of March 5 and h~d recommended that this request be approved. He stated that the Planning Staff had recommended denial of this request due to the effect this expansion of the B-1 Zone would have on the surrounding residential district. I ~ I / Mrs. Anna Skipper, the Petitioner, appeared before the Board in this regard. Chm. Davis asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. ChID. Davis moved, seconded by Comm. Taylor, that this rezoning request be approved as recommended by the Planning Commission and that the Ordinance entitled "An Ordinance of the County of New Hanover Amending the ~oning Map,of Zoning Area #9B of New Hanover County, North Carolina, Adopted July 1, 1972" be adopted. Upon vote, motion carried unanimously. The Ordinance, as adopted and signed, is con- tained in Zoning Ordinance Book I, Section 9B, Page 19. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE WEST SIDE OF MASONBORO LOOP ROAD JUST NO lITH OF WHISKEY CREEK FOR STABLES IN THE MASONBORO ZONING AREA. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of March 5 and had recommended that this special use permit be issued based on the following conditions. He stated that the Planning Staff concurred in this recommendation. i f'\ 1) Plan as submitted with the application for special use permit~ 2) That the stable be located at least 100 feet from all property lines and 100 feet from the pump house; and, 3) That a strip of uncleared land a minimum of 50 ieet in width be reserved between the fence and Whiskey Creek to serve as a waste "filter" area. \. '- ,,- .~ 15~5 MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) PUBLIC HEARING - SPECIAL USE PERMIT (CONTINUED) Mr. Peter Smith, the Petitioner, appeared befo:re the Board in this regard. Chm. Davis 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 accoJ,ding 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. Alper moved, seconded by Comm. O'Shields, that this special use permit be issued based on the same con- ditions as recommended by the Planning Commission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED AMENDMENTS TO THE NEW HANOVER COUNTY ZONING ORDINANCE Planning Director Richard A. Fender stated thai: the Planning Commission had considered these amendments at their meeting of March 5 and had recommended that they be adopted. 1. Amend Article V, Section 56-3 by adding thE! following: (4) Mobile Home. 2. Amend Article V, section 57-3 by adding thE! following: (6) Mobile Home. . 3. Amend Article VII, section 72 by adding thE~ following: 72-27 Mobile Home - A mobile home may be pE:rmitted in the I-I and 1-2 Industrial Districts provided: (1) That,all dimensional requirements as specified for residential dwellings in the R-15 District are met; and, (2) That the Special Use Permit, after a twelve (12) month perio~may be terminated by the Building Inspector after ninety (90) days notice and after review and recommendation by the Planning Commission and Board of Commissioners. Chm. Davis moved, seconded by Comm. Wright, that Amendments No. 1 and 2 be adopted as presented and that Amendment No. 3 be changed by deleting provision No.2. Upon vote, motion was defeated as follows: Voting Aye: Comm. Wright and Chm. Davis. Voting Noe: Comm. Alper, O'Shields and Taylor. Comm. Taylor moved, seconded by Comm. Alper, that Amendments No.1, 2 and 3 be adopted as presented. . Chm. Davis offered the substitute motion, seconded by Comm. Wright, that Amendments No. land 2 be adopted as presented and that provision No. 2 be stricken from Amendment No.3. Upon vote, substitute motion was defeated as follows: Voting Aye: Comm. Wright and Chm. Davis. Voting Noe: Comm. Alper, O'Shields and Taylor. I I I i I , --..--..-.------- ;--......-------..-----.-- -_._--.-:---._----:-~----~,-,-~ {ti!5'f MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) PUBLIC HEARING - AMENDMENTS TO ZONING ORDINANCE (CONTINUED) Upon vote, original motion to approve the three amen'dments as presented carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor, and ChID;. Davis. Voting Noe: Comm. Wright. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY ON THE WEST SIDE OF CHADWICK AVENUE FROM R-20 (SINGLE FAMILY DISTRICT) AND R-15 (SINGLE FAMILY DISTRICi) TO B-2 (BUSINESS DIS- TRICT)IN ZONING AREA #lOA. ~ Planning Director Richard A. Fender stated that the Planning Commission had con~idered this request at their meeting of March 5 and had recommended that, this request be denied. He stated that the Planning Staff concurred in this recommen- dation. Mrs. Lily English, the Petitioner, appeared before the Board in this regard. Chm. Davis asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Chm. Davis moved, seconded by Comm. Wright, that thi~ rezoning request be approved and that the Ordinance entitled "An Ordinance of' the County of New Hanover Amending the Zoning Map of Zoning Area #lOA of New Hanover County, North Carolina, Adopted July 1, 1974" be adopt~d. Upon vote, motion carried unanimously. This Ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section lOA, Page 8. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE EAST SIDE OF NORTH COLLEGE ROAD (N. C. HW{. 132) APPROXIMATELY 7,700 FEET SOUTH OF BLUE CLAY ROAD FOR SCHOOLS IN ZONING AREA #8B. Planning Director Richard A. Fender stated that the ~lanning Commission had considered this request at their meeting of February 5 and had recommended that this special use permit be issued based on the plan as submitted with the appli- cation for special use permit. ~ ) This item had been tabled by the County Commissioner:; at their meeting of March 17 at the request of the Planning Director. ' No one spoke in opposition to the issuance of this special use permit. After the Commission had considered the following fOllr 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 1:0 the plan as submitted and approved; (b) that the use met all required conditionB and specificiatons; (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 t:he 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, Chm. Davis moved, seconded by Comm. Alper, that this special use permit be issued based on the plan as submitted with the application for special use permit. Upon vote, nlotion carried unanimously. PUBLIC HEARING - AMENDMENT TO REGULATORY CODES County Attorney James C,, Fox, as requested by the Corl1missioners, had prepared an Ordinance entitled "An Ordinance of New Hanover County Amending the Ordinance Providing for Adoption, Administration, and Enforcement of Regulatory Codes and Specifying Other Duties of Inspection Officials (Enacted M.ay 3, 1971)," which provided for the establishment of a licensing and appeals board. I ~ J The following electricians appeared before the Board along with Robert W. Ludwig, Electrical Inspector, in this regard: Messrs. Bill Graves, Carl Hodges, Bill Bridges, Bobby Massengill, Ray Garner, Ted Spivey, Peter Sutton, Al Bowen, and Ralph White. The following plumbers appeared before the Board along with Louis R. Smith, Jr., Plumbing Inspector, in this regard: Messrs. L. o. Goodyear, R. G. Smith, and L. W. Creech. l ~ " , ~, -., "1"5'7 \ ; I .ir"", , ':. . ." ", ~ .~ MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINlJEIl) I PUBLIC HEARING - AMENDMENT TO REGULATORY CODES (CON,]~INUED) It was the concensus of those plumbers and electricians that they did not want the Code amended by the adoption of the proposE~d Ordinance. , The plumbers requested that 'their Examiners BOc,rd be changed to an Examiners and Advisory Board. Chm. Davis moved, seconded by Comm. . be changed to the Plumbers Examiners and unanimously. Alper, that the Plumbers Examiners Board Advisory Board. Upon vote, motion carried No action was taken on the proposed Ordinance. LUNCH RECESS Chm. Davis recessed the meeting for lunch from 1:20 to 2:00 o'clock p.m. to convene as the Board of Equalization and Review at 2:00 o'clock p.m. DISCUSSION OF CONVENING AS THE BOARD OF EQUALIZATION AND REVIEW Comm. Wright moved that the Board postpone convening as the Board of Equali- zation and Review until they got more satisfactory information from Cole-Layer- Trumble. Motion died for lack of a second. Comm. Wright requested that the record show that County Attorney James C. Fox had stated that you did not have to have a written request in order to be heard by the Board of Equalization and Review. (In this regard, it was decided that, if persons appeared who had not made a written request, their names would be taken and they would be notified of a time of their hearing at a later date.) Comm. Wright moved that the Board postpone convening as the Board of Equali- zation and Review due to the fact that she did not believe the ad which was placed in the paper was worded according to the State law and, also, that it contained a statement which she considered to be false and inf~rmation which was misleading . to th:o~l::~erM:::::.d:::o:::dl::kc::'~ :~::::~dS' that the Board convene as the Board of Equalization and Review. Upon vote, motion carried as follows: Voting Aye: Comm. Alper', O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. Comm. Wright stated for the record that she was voting "noe" because she did not think it had been advertised properly according to the law and she did not think the Board of Equalization and Review should convene until they had received more satisfactory information from Cole-Layer-Trumble Company. Chm. Davis requested that the record show that '':he majority of the Board felt that it had been advertised properly. Tax Administrator Larry Powell filed with the Clerk to the Board a copy of the Oath administered to the Board of Commissioners :;itting as the Board of Equalization and Review. This Oath is contained in Exhibit Book II, Page 76. APPROVAL OF CONTRACT - ENGINEERING SERVICES SEWER LINE TO SERVE LANEY AND TRASK SCHOOLS Upon motion by Co~. Alper; seconded by Comm. O'Shields, the contract with Henry von Oesen & Associates for engineering serviceB for the sewer line to serve Laney and Trask Schools was unanimously approved and the Chairman was authorized . to sign the contract on behalf of New Hanover County.. A copy of this contract , is on file in the County Manager's office. County Manager Eller stated for the record that this line would be the City of Wilmington, and the City would control thE! granting of taps. advised that $82,550 of the estimated cost was to be borne by the Board tion. deeded to He also of Educa- I -- .-..----c--.----'.---. ___n__.___n'..__-:-____._.__________._.---'--_~ ------- (15:8 .:, MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) APPROVAL OF AMENDMENTS TO AGREEMENTS FOR ENGINEERING SERVICES - 201 FACILITY PLANS The Environmental Protection. Agency required that the contracts for 201 Facility Plans contain an "access to. records" clause. The Commissioners had been provided copies of proposed amendments to the contracts with Henry von Oesen & Associates for 201 Facility Planning for the Greater Wilmington Area and the Carolina/Kure Beach Planning Area for this purpose. Upon motion by Comm. O'Shields, seconded by Comm. Alper, these amendments were unanimously approved by the Board and the Chairman was authorized to sign them on behalf of New Hanover County. A copy of each amendment is attached to the appropriate contract on file in the County Manager's office. f\, PRESENTATION OF AIRPORT MASTER PLAN TABLED By common consent, presentation of the Airport Master Plan was tabled until the meeting of April 21 due to a death in the family of the consulting engineer. DISCUSSION OF REGULATION OF DEVELOPMENT IN PROXIMITY TO AIRPORT Planning Director Richard A. Fender reported that this had been considered by the Planning Staff and the Airport Staff and that a zoning plan for the area in proximity to the New Hanover County Airport would be presented to the Planning Commission at their meeting of June 4, 1975, for their consideration. TABLING OF LEASE AGREEMENT - AERONAUTICS, INC. County Mgr. Eller reported to the Board of Commissioners that notice, as required by the North Carolina General Statutes, had been published in the wil- mington Morning Star on March 28, 1975, that the County Commissioners would con- sider leasing additional property to Aeronautics, Inc., for a term not to exceed ten years with a monthly rental based on \9 per gallon for all sales of aviation gasoline with a minimum monthly rental of $125. Chm. Davis moved that the lease as prepared be approved. County Attorney James C. Fox requested that the Board table this item due to some questions that had been raised by Aeronautics, Inc., regarding the terms of the lease. ~ ) Chm. Davis moved that this item be tabled until the meeting of April 21. Upon vote, tabling motion carried unanimously. APPROVAL OF PROPOSED AMENDMENT TO THE NEW HANOVER COUNTY RETIREMENT ACT H. Gray Hutchison & Associates, Inc., Actuarial Consultant for the County's Retirement System, had prepared an amendment to the New Hanover County Retirement Act to include the County Finance Officer as a member of the Board of Trustees of the New Hanover County Retirement System. This amendment had been reviewed by County Attorney James C. Fox. County Mgr. Eller and County Finance Officer Cooper recommended that the County Commissioners request their State representatives to introduce the amendment in the General Assembly for Enactment. Upon motion by Comm. Wright, seconded by Comm. O'Shields, this recommendation was unanimously approved by the Board. APPROVAL OF BOUNDARY DESCRIPTION AND MAP OF FEDERAL POINT VOLUNTEER FIRE DISTRICT County Mgr. Eller reported that the Commissioners had previously approved a map and boundary description of the Federal Point Volunteer Fire District, but the North Carolina Fire Insurance Rating Bureau had requested a more detailed description and map. This was presented to the Commissioners. I ~ Upon motion by Comm. Alper, seconded by Comm. Taylor, the boundary description and map as presented by County Mgr. Eller were unanimously approved by the Board. These items are contained in Exhibit Book II, Page 77. TRANSFER OF FUNDS - PLANNING Upon motion by Comm. Wright, seconded by Comm. O'Shields, a transfer of $350 from Account #11 490 04, Professional Services, to Account #11 490 54, Insurance and Bonds, in the Planning Department Budget was unanimously approved due to changes in classification of Planning Department personnel by the City's Workmen's Compen- sation Carrier. \ ~ .---------~ -- ---.~____r-.- -----.-_________ ___ ____ __ __.___~_________ ilP'~"9~ c~:u;. MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) TRANSFER OF FUNDS - JUVENILE SERVICES Upon motion by Comm. Wright, seconded by Comm. Alper, the sum of $500 was unanimously transferred from Account #11 522 04, Professional Services, to Account #11 522 15, M&R Building and Grounds, in the Juvenile Services Budget in order to provide sufficient funds for the remainder of the fiscal year. TRANSFER OF FUNDS - FINANCE OFFICE Upon motion by Comm. O'Shields, seconded by Cornn. Taylor, the sum of $400 .was unanimously transferred from Account #11 440 74, Capital Outlay - Equipment, to Account #11 440 11, Telephone and Postage, in the Finance Department Budget to cover postage for the remainder of the fiscal yeac. TRANSFER OF FUNDS - ELECTIONS Upon motion by Comm. O'Shields, seconded by Comn. Wright, the sum of $200 was unanimously transferred from Account #11 430 45, Contracted Services, to Account #11 430 14, Travel, in the Elections Budget in order to properly account for the expenses incurred in Mr. Winfred Simpson's voting machine training in Virginia. TRANSFER OF FUNDS - AIRPORT Upon motion by Comm. O'Shields, seconded by Co~n. Alper, the sum of $345 was unanimously transferred from Account #31 650 04, Professional Services, to Account #31 650 54, Insurance and Bonds, in the Airport Budget to cover a bill for additional insurance at the Airport. TRANSFER OF FUNDS - DEBT SERVICE Upon motion by Comm. Wright, seconded by Comm. i\lper, the sum of $4,000 was unanimously transferred from Account #21 660 82, Interest, to Account #21 660 88, Bond Expense~ in the Debt Service Fund in order to pay debts incurred in the recent sale of School Bonds. TRANSFER OF FUNDS - HEALTH DEPARTMENT Upon motion by Comm. Alper, seconded by Comm. Wright, the sum of $827,was .unanimouslY transferred from from Account #44 590 04" Professional Services, to Account #44 590 54, Insurance and Bonds, in the Hea11:h Department Budget in order to pay the premium for adding the new Health Department Building to the County's fire and extended coverage policy. TRANSFER OF FUNDS - ADMINISTRATION Upon motion by Comm. Alper, seconded by Comm. O'Shields, the sum of $500 was unanimously transferred from Account #11 420 33, Supplies, to Account #11 420 74, Equipment, in the Adminis~ration Budget in order to purchase a portable dictation unit and transcriber. TRANSFER OF FUNDS - TAX DEPARTMENT Upon motion by Comm. O'Shields, seconded by Comnl. Taylor, the sum of $500 was unanimously transferred from Account #11 450 33, Department Supplies and Materials, to Account #11 450 60, Tax Refunds and Pa~ments, in the Tax Department Budget due to unexpected large refunds during the fi!:;cal year. AUTHORIZATION FOR COUNTY MANAGER TO ACCEPT EMERGENCY JOBS PROGRAM FUNDS Upon motion by Comm.O'Shields, seconded by Chm. Davis, County Manager Eller was unanimously authorized to accept Emergency Jobs I>rogram funds and to notify the County Commissioners of this at the next regularly scheduled meeting, with the understanding that these funds were for temporary jobs at no financial obli- gation to the County. DESIGNATION OF COUNTY MANAGER AS PROJECT DIRECTOR FOF, MENTAL HEALTH CONSTRUCTION . Upon motion by Comm. O'Shields, seconded by Comrr:. Alper, County Mgr. Eller was unanimously designated as the Project Director fer the Mental Health Construction in that the building would belong to the County and that the County was responsible for proper administration of the Grant and, further, the County Manager was directed to so advise the North Carolina Division of Mental Health Services of this desig- nation. (Mr. John Van B. Metts, Chairman of the Area Mental Health Board, had been designated as Project Director and concurred that this should be changed to the County Manager.) ..-. .... -------..--..- .----_.--.-.__.-,.._._-----_.~-------.--_.. . --..' i I I '" _ ." .'_ __.._____._..~_._.._______ ______.....':__________... -.~""'7._-._..h-.---__:___.......lIIIl ~ (1,6,,0 MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) APPROVAL OF LEAA GRANT APPLICATION - CRIME PREVENTION OFFICER Chm. Davis moved, seconded by Comm. O'Shields, that the following resolution be adopted which would authorize application for an LEAA Grant to provide for the salary and equipping of a Crime Prevention Officer. The Grant, if approved, would provide $11,575 Federal money, $642 State money, and a County cash match of $643, which would be included in the Sheriff Department Budget for fiscal year 1975/1976. Upon vote, the following resolution was adopted unanimously. WHEREAS, the New Hanover County Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant application en- titled Crime Prevention Officer and has reviewed the project described in the application; and !jt WHEREAS, under the terms of Public Law 90-351 as am~nded, the United States of America has authorized the Law Enforcement Assistance Administration, through the North Carolina Division of Law and Order to make fedl,~ral grants to assist local governments in the improvement of the criminal jusFice system, NOW THEREFORE BE' IT RESOLVED BY THE NEW HANOVER COUNTY COMMISSIONERS IN OPEN I MEETING ASSEMBLED IN THE CITY OF WILMINGTON, NORTH CAROLINA, THIS 7th DAY OF 1 APRIL, 1975, AS FOLLOWS: 1. That the project referenced above is in the bes1: interest of the Appli- cant 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 Diviston of Law and Order for a subgrant in the amount of $11,575 to be made ~o the Applicant to assist in defraying the cost of the project described in the application. This individual shall act as the authorized represenfative 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 arrangements to provide, a local cash matching contribution in the amount of $643 and a local in-kind matching con~ribution valued under LEAA guidelines at -0- (or proportionately reduced local matching con- tribution if the subgrant amount is reduced) as irequired 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 infor- mation, data, documents and reports pertaining to the project, if approved, as may be required by the Division of Law and Orper. 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. APPROVAL OF LEAA GRANT APPLICATION - NEW HANOVER JUVENILE UNIT Chm. Davis moved, seconded by Comm. O'Shields, that the following resolution be adopted which would authorize application for an LEAA Grant to establish a Juvenile Unit within the Detective Division to handle juvenile cases. The Unit would be comprised of one male and one female. The Grant;would provide funds for purchasing the necessary equipment. The Grant, if approved, would provide $24,648 Federal money, $1,369 State money, and $1,369 County cash match, which would be included in the Sheriff Department Budget for fiscal year 1975/1976. Upon vote, the following resolution was adopted unanimously. r\ / WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the subgrant appli- cation entitled new Hanover Juvenile unit and has reviewed the project described in the application; and, \ '"', .e t. ~J -1 ~ l ~ 161 MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) I' APPROVAL OF LEAA GRANT APPLICATION - NEW HANOVER JUVI:NILE UNIT (CONTINUED) WHEREAS, under the terms of Public Law 90-351 aElamended, the united States I of America has authorized the Law~Enforcement Assistance Administration, throu~h 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 WILMINGTON, NORTH CAROLINA, THIS 7th .DAY OF APRIL, 1975, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Appli- cant 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 $24,648 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. 3. That if the subgrant is made, the Applicant shall provide or'make arrange- ments to provide, a local cash matching cont:ribution in the amount of $1,369 and a local in-kind matching contribution valued under LEAA guide- lines 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 infor- mation, data, documents and reports pertaini.ng 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. TRANSFERS OF FUNDS - SOCIAL SERVICES Upon motion by Comm. Wright, seconded by Chm. Dc,vis, the following transfers of funds were unanimously approved in the Social Services Department Budget in order to budget all revenues received by the County for Food Stamps and for County Welfare Administration under State Grants in that it was practically impossible to distinguish between State and Federal funds because both were received in a check from the State. 1) Increase the budgeted revenue in Account #11 350 09, State Grants - Food Stamps, by $3,500 and decrease the reVEinue in Account #11 349 09, Federal Grants - Food Stamps, by $3,500. 2) Increase the budgeted revenue in Account #11 350 08, State Grants - County Welfare Administration, by $606,410 a.nd decrease the revenue ih Account #11 349 08, Federal Grants - County Welfare Administration, by $606,410. TRANSFER OF FUNDS - SOCIAL SERVICES Upon motion by Comm. Wright, seconded by Chm. Davi~ the sum of $5,262 was .unanimouslY transferred from Account #11 610 02, Sala.ries and Wages, to Account #11 610 13, utilities, in the Social Services Budget due to increased utility rates. TABLING OF REQUEST FOR TRANSFER OF FUNDS - SOCIAL SEF~ICES Comm. Wright moved, seconded by Chm. Davis, that, a request for transfers into Aid to Families with Dependent Children be tabled until the meeting of April 21 and that Miss Lela Moore Hall, Director of the Social Services Department, be requested to attend the meeting to discuss this requEist with the Commissioners in that part of the request was due to payments for the unborn child and it was her understanding that the Supreme Court had ruled that this did not have to be paid. Upon vote, tabling motion carried unanimously. ! i I i I I I I ...."....- ....,-..........-----..:.--,,--..--- ------------------- -------_....._----,---'--:-""_. ---~ (62 MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) RESOLUTION CERTIFYING RATES OF INTEREST TO BE PAID ON THE NEW HANOVER COUNTY SCHOOL BONDS Comm. Wright moved that the following resolution be adopted: WHEREAS, the Local Government Commission of North Cilrolina has informed the Board of Commissioners that it has sold in the manner pr~scribed by law the $5,500,000 School Bonds of the County of New Hanover, da~ed April 1, 1975, and that the contract of sale contemplates that the bonds sh,ill bear interest as hereinafter provided: NOW, THEREFORE, /'\\ BE IT RESOLVED, by the Board of Commissioners of the County of New Hanover as follows: The bonds hereinbefore described shall bear interest as follows: The bonds maturing in each of the years 1976 to 1984, inclusive, are to bear interest at the rate of 7% per annum; the bonds maturing in each of the,years 1985 to 1993, inclusive, are to bear interest at the rate of 6% per annum; the bonds maturing in each of the years 1994 and 1995 are to bear interest at the rate of 6.10% per annum; and the bonds maturing in each of the years 1996 and 1997 are to bear interest at the rate of 5% per annum. Comm. Taylor seconded the motion and the motion was adopted. Those voting for the resolution were Messrs. Alper, O'Shields, Taylor, Davis and Mrs. Wright. No one voted against it. TABLING OF SALE OF COUNTY PROPERTY Tax Administrator Larry Powell had received offers to purchase the following property: (a) a two-acre tract of land which the County owned near Westchester SUbdivision; (b) 715 Nun Street; and (c) 812 Red Cross Street. Comm. Wright requested that these items be postponed until the meeting of April 21 so that the Commission could be furnished the 1974 and 1975 tax values placed on these properties. This was agreed to by commcn consent. 1\' ) REAPPOINTMENT OF MRS. JUANITA DALE TO CAROLINA BEACH PLANNING & ZONING COMMISSION Upon motion by Comm. O'Shields, seconded by Comm. )l,lper, Mrs.. Juanita Dale was unanimously reappointed to the Carolina Beach Planni'ng & Zoning Commission for a three-year term to expire March 31, 1978, as requ~,sted by Mayor Kepley. 1 SETTING OF EXPIRATION DATES FOR TERMS OF ENVIRONMENTAL IMPACT COMMITTEE Upon motion by Comm. Wright, seconded by Comm. AlpE~r, the Board unanimously set the following expiration dates for terms of members ;of the Environmental Impact Committee which had not previously been set. June 30, 1975, for the following members: Herbert P. McKim; Jack Perdue; Paul S. Denison; Frederick Willetts, Jr.; Paul E. Gregory; Sue Hayes. June 30, 1977, for the following members: C. E. Marshburn; Howard M. Loughlin; Richard M. Jackson; Bobbie Hunter Boney; Paul Foster. MR. STEWART B. HULL APPOINTED AS REGULAR MEMBER TO ZONING BOARD OF ADJUSTMENT Comm. O'Shields moved,. seconded by Chm. Davis, that the Board rescind its action of February 17, 1975, appointing Mr. Stewart B. Hull as the alternate member to the Zoning Board of Adjustment and that he be appoin1:ed as the regular member to the Zoning Board of Adjustment, term to expire November, 15, 1975. (Ben R. Graham, appointed at the February 17, 1975, meetin~ had refused this appointment.) Upon vote, motion carried unanimously. PERMIT FOR FIREWORKS - AZALEA FESTIVAL VARIETY SHOW County Mgr. Eller reported that he had received a request from Gene Johnson, Chairman, Azalea Festival Variety Show, for a permit to present a fireworks demon- stration at the Variety Show at Legion Stadium on Thursday, April 10, 1975, at 9:00 p.m. /'\ ) Upon motion by Comm. O'Shields, seconded by Comm. taylor, this permit was unanimously granted as requested. ~ . - .---- - --_. --------- --.----...---- --_.__._"._-~-~._- -_. ---------------~-_._~--:..- .._-----_..-~. -----...----. -- ..----. . . '. [. .., l'6a MINUTES OF REGULAR MEETING, APRIL 7, 1975 (CONTINUED) LETTER TO GOVERNOR THANKING FOR HELP WITH LEAA GRANT - JAIL Chm. Davis requested that he be authorized to write th~ Governor to thank \ him for his help in keeping the LEAA Grant for the ,Jail. \ Comm. Wright moved that the Chairman be authorized to write the Governor and thank him for helping the County keep the Grant but that the Chairman also notify him at the same time that they would not be able to get the building by the middle or end of September due to the fact that the County did not own the land. Motion died for lack of a second. Comm. O'Shields moved, seconded by Comm. Taylor, that the Chairman be autho- rized to write the Governor and thank him for his help in keeping the LEAA Grant for the Jail. Upon vote, motion carried unanimously. PRESENTATION OF FINAL PLANS FOR JAIL/LAW ENFORCEMEN'r CENTER Messrs. Herbert P. McKim, George Hartman and Guy Martin with Ballard, McKim ' & Sawyer/Hartman-Cox, Associated Architects, presented the final plans for the Jail/ Law Enforcement Center. Upon motion by Comm. Alper, seconded by Comm. 1)'Shields, the Board unanimously accepted the exterior concept of the Jail/Law Enfor~ement Center as presented in the model and drawings. TABLING OF,ORDINANCE REGULATING SOLICITATION ACTIVITY OF ITINERANT MERCHANTS By common consent, consideration of the proposed ordinance regulating solici- tation activity of itinerant merchants was tabled until the meeting of April 21. PRIOR APPROVAL OF BUDGET ITEM - SCHOOLS Dr. Heyward C. Bellamy, Superintendent of ,County Schools, appeared before the Board to request that they give prior approval to the inclusion of $8,000 in the 1975/1976 School Budget for the Vocational Rehabilitation In-School Program. Comm. O'Shields moved, seconded by Comm. Alper, that the Board give its intent to include in the School Budget for fiscal year 1975/1976 $8,000 for the Vocational Rehabilitation In-School Program. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, and Chm. o.:lvis. Voting Noe: Comm. Taylor and Wright. Comm. Wright stated for the record that she was voting against this motion because she felt that the Board was just evading the law because it was illegal to purchase or order if you did not have the money to oack it up. Dr. Bellamy stated that he would not purchase or order but would give his personal assurance that this would be in the budget for fiscal year 1975/1976. APPROVAL OF FINAL SUBDIVISION PLAT - BRICKSTONE EST,ATES, SECTION 1 Upon motion by Comm. Wright, seconded by Comm. Alper, the final subdivision plat for Brickstone Estates, Section 1, was unanimously approved by the Board and the Chairman was authorized to sign the plat on behalf of the County. This plat had been approved by the Subdivision Review Crnnrnittee at their meeting of March 24, 1975. APPROVAL OF FINAL SUBDIVISION PLAT - GLEN ARBOR, SECTION 2 Upon motion by Comm. Wright, seconded by Comm. Alper, the final subdivision plat for Glen Arbor, 'Section 2, was unanimously approved by the Board and the Chairman was authorized to sign the plat on behalf I~f the County. This plat had been approved by the Subdivision Review Committee at their meeting of March 24, 1975. APPROVAL OF FINAL SUBDIVISION PLAT - BLUE COVE, SEC'rION 1 Upon motion by Comm. Wright, seconded by Comm. Alper, the final subdivision plat for Blue Cove, Section 1, was unanimously approved by the Board and the Chair- man was authorized to sign the plat on behalf of th~ County. This plat had been approved by the Subdivision Review Committee at their meeting of March 24, 1975. --' - '-;'0"'- ------------ --------'-'-~-:-~-:----'---.---- .----~---:-----:-~------:-~--------:_'-----;-:-:---::-..-- ~ /" /164 .' '. MINUTES OF REGULAR MEETING, APRIL 7" 1975 (CONTINUED) TABLING OF FINAL SUBDIVISION PLAT - WINDEMERE, SECTION 8-A Upon motion by Comm. Wright, seconded by Comm. Alp~r, the final subdivision plat for Windemere, Section 8-A, was unanimously tabled by the Board until the Developer could meet with the Planning Staff and bring the subdivision section up to standards as recommended by Harry Oakes, Staff Planner. \ POLICY RE VERBATIM TRANSCRIPTS Comm. O'Shields had asked that a discussion of verbatim transcripts be placed I on the agenda for discussion and had recommended that transcripts, which rquired more than one 8l:fxll typewritten page, be requested only: upon approval of a majority of the Board. 1\ Comm. Alper moved, seconded by Comm. Wright, that this item be tabled until the meeting of April 21. Upon vote, motion was defeate~ as follows: Voting Aye: Comm. Alper and Wright. Voting Noe: Comm. O'Shields, Taylor, and Chm. Davis. Comm. O'Shields moved, seconded by Chm. Davis, that any verbatim transcripts done at the request of a County Commissioner would not be released to the public or entered into the Exhibit Book until the members of the Commission had had the oppor- tunity to approve them. Upon vote, motion carried unanj_mously. (For addition, see Page 169.) DISCUSSION OF COUNCIL OF GOVERNMENTS Comm. Wright stated that she had received a Communi.ty Development Bulletin from Mr. Beverly P. Paul, Executive Director of the Cape Fear Council of Governments, in which he had ended by saying, "Perhaps you will want t.o communicate your displeasure on this matter to the National League of cities, National Assocation of city Officials, Senators Helms and Morgan, and Congressman Rose." Comm. Wright moved that the Board ask Chairman Davis to write Mr. Paul and express the feeling that his agency should not be in the business of trying to get Boards of Commissioners or City Councilmen to pressure the Federal Government into giving grant funds that his agency would be handling. Motion died for lack of a second. /\1 , ) By common consent, county Mgr. Eller was asked to cpnvey to Mr. Paul the Board's concern that he seemed to be more or less trying to get the Local Govern- ments involved in pressuring Congress and that the Board did not feel his agency should be doing that. REQUEST FOR SENATE BILL 463 Comm. O'Shields requested that the Clerk acquire copies of Senate Bill 463 dealing with Water and Sewer Authorities for the Board's' study and possible action. BOARD TO MEET WITH ROBERT C. CANTWELL, III, MAl Comm. Taylor requested that the Board meet with Mr. Robert C. Cantwell, III, MAl, at 3:00 o'clock p.m. on Wednesday, April 9, to discllss appraisal procedures. This was agreed to by common consent. EXECUTIVE SESSION Comm. O'Shields moved, seconded by Comm. Alper, thai: the meeting be recessed to go into executive session to discuss land acquisition with County Attorney James C. Fox. Upon vote, motion carried unanimously. Chm. Davis recessed the regular meeting to go into E!xecuti ve session at 6: 00 p.m. Chm. Davis reconvened the regular meeting at 6:55 p.m. f)~ ADJOURNMENT Comm. Alper moved, seconded by Chm. Davis, that the meeting be adjourned. Upon vote, motion carried unanimously. Chm. Davis adjourned the meeting at 6:55 o'clock p.m. Respectfully submitted, d~0~ ~ . ~;r) Lise K. King J Clerk to the Board k \ \ '",-~