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HomeMy WebLinkAbout1975-06-02 Regular Meeting (~z U 6 MINUTES OF SPECIAL MEETING, MAY 26, 1975 (CONTINUED) BOARD OF E&R TO MEET WITH TAXPAYERS ASSOCIATION ON JUNE: 17 Comm. Wright moved, seconded by Comm. Taylor, that. the Board ask Tax Administrator Powell to set the hearing of the Taxpayers Association before the Board of Equalization and Review at 5:00 o'clock p.m. on Tuesday, June 17, lQ75. Upon vote, motion carried unanimously. EXECUTIVE SESSION Comm. O'Shields moved, seconded by Comm. Alper, that the meeting be recessed to executive session to discuss the Taxpayers Association litigation with the County Attorney. Upon vote, motion carried unanimously. f'\ / Chm. Davis recessed the meeting to executive session at 12:05 o'clock p.m. Chm. Davis reconvened the meeting at 12:10 o'clock p.m. ADJOURNMENT Upon motion by Comm. Alper, seconded by Comm. Wright, the Board voted unanimously that the meeting be adjourned. Chm. Davis adjourned the meeting at 12:10 o'clock p.m. Respectfully submitted, cf:' /J J 1)' -<:J-..<-./ '=-t: . ~ ~( rs.) Lise K. King? Clerk to the Board k MINUTES OF REGULAR MEETING, JUNE 2, 1975 I), ASSEMBLY The New Hanover Board of County Commissioners met in regular session on Monday, June 2, 1975, at 11:00 am in the Assembly Room, County Commission Building, Wilmington, North Carolina. Members present wer~ ~ommissioners George E. Alper; Claud O'Shields, Jr.; William C. Taylor; Vivian S. Wright; Chairman Peter R. Davis; County Manager, Dan W. Eller; County Attorney, James C. Fox; and Clerk to the Board, Lise K. King. No members were absent. Chm. Davis called the meeting to order. Comm. Taylor offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING, MAY 19, 1975 Upon motion by Comm. Alper, seconded by Comm. Taylor, the minutes of the regular meeting held mMay 19, 1975, were unanimously approved as presented. APPROVAL OF MINUTES: SPECIAL MEETING, MAY 26, 1975 Comm. Wright requested that on Page 205 under "Discussion of Board of Equalization and Review" the record show that she had inquired about appointing committees for clarification and not because she approved of the idea. Upon motion by Comm. Alper, seconded by Comm. Taylor, the minutes meeting held on May 26, 1975, were unanimously approved as amended. of the special f\ } PUBLIC HEARING The Clerk to the Board reported to the Board of Crnnmissioners that notice of a public hearing had been published in the Wilmington ~)rning Star on May 17 and May 24, 1975, that the Commissioners would hold a public hearing at 11:15 am with regard to the following rezoning requests, applications for special use permit, pro- posed amendments to the Zoning Ordinance, and appeal from the recommendation of the Planning Commission. Chm. Davis opened the public hearing to discussion.. \~ ..-~.. '-'.---"'.- ---...-------r.-- . !. . 207~ MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) , PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF CAROLINA BEACH ROAD (U. S. ffiVY. 421) BETWEEN McQUIL:::.AN DRIVE AND LEHIGH ROAD FROM B-1 (BUSINESS DISTRICT) TO R-15 '(SINGLE FAMILY DISTUCT) IN ZONING AREA #4. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this request be approved. He stated that the Planning Staff concurred in this recommendation. Chm. Davis asked if there were anyone present to oppose this rezoning request, and no one spoke in opposition. Comm. Wright moved, seconded by Comm. Taylor, that this rezoning request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #4 of New Hanover County, North Carolina, Adopted April 7, 1971" be adopted. Upon vote, motion carried unanimously. The ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, section 4, Page 13. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY ON THE WEST SIDE OF ENGLEWOOD DRIVE BETWEEN OLEANDER DRIVE AND BRENDA DRIVE FROM R-15 (SINGLE FAMILY DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this request be approved. He stated that the Planning Staff concurred in this recommendation. Mr. Alton Y. Lennon, Attorney at Law, appeareo before the Board representing the Petitioner. Mrs. Joyce vietto and Mrs. Judy Colven appearEd before the Board in opposition to this rezoning request. Mrs. vietto presented a letter addressed to Chm. Davis stating her objections, which was read. Chm. Davi~: requested Planning Director Fender to reply to the questions presented in Mrs. vietto's letter. Comm. Alper moved, seconded by Comm. O'Shield~:, that this rezoning request be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover County, North Carolina, Adopted July 1, 1972" be adopted. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Wright, and Chm. Davis. Voting Noe: Comm. Taylor. A copy of the ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 9B, Page 21. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT THE NORTHEAST CORNER OF MYR'.rLE GROVE LOOP ROAD AND PINER ROAD FOR A CONVENIENT FOOD STORE IN ZONING AREA #4. Planning Director RichardA. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this request be approved based on the following conditions. 1) Plan as submitted with the application fo::- special use permit; and, 2) That all restrictions as specified in Sec.tion 72-4 of the New Hanover County Zoning Ordinance are complied with. He stated that the Planning Staff had recomme::lded that this request be denied because they did not feel there was a need for two such stores in the same location and because they felt additional commercial uses w)uld be detrimental to the resi- dential uses of the area. Mr. George Cain appeared on behalf of this reluest. ,.......~ ~ ~U~ MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) Chm. Davis asked if there were anyone present to oppcse the issuance of this special use permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or ~butting 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, sesonded by Comm. Taylor, that this special use permit be issued based on the same conditions as recommended by the Planning Commission. Upon vote, motion carried as follows: I , ~ Voting Aye: Comm. Alper, O'Shields, and Taylor. Voting Noe: Comm. Wright and Chm. Davis. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PRO- PERTY AT 5523 AND 5523~ WRIGHTSVILLE AVENUE FORA CHILD DP.Y CARE CENTER IN ZONING AREA #9B. Planning Director Richard A. Fender stated that the Planning Commission had con- sidered this request at their meeting of May 7, 1975, and 'had recommended that this special use permit be issued based on the following condit:ions. 1) Plan as submitted with the application for specia.l use permit; and, 2) That all restrictions as specified in Section 72-20 of the New Hanover County Zoning Ordinance be complied with. He stated that the Planning Staff concurred in this recommendation. I ~ Mr. Edward R. Thompson, Jr., the Petitioner, appeared before the Board on behalf of this request. Chm. Davis asked if there were anyone present to oppQse the issuance of this I 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 t~e public health or safety if located where proposed and developed according to the ilan 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, Chm. Davis moved, seconded by Comrn,. Alper, that this special use permit be issued based on the same conditions as recommended by. the Planning Com- mission. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PRO- PERTY AT 320 NORTH BLUE CLAY ROAD FOR A KENNEL IN ZONING AREA #8A. Planning Director Richard A. Fender stated that the Planning Commission had con- sidered this request at their meeting of May 7, 1975, and had recommended that this special use permit be issued based on the plan as submitted with the application for special use permit. He stated that the Planning Staff concurred in this recommenda- tion. ~ Mrs. Joy Finders, the Petitioner, appeared before the Board on behalf of this application. Chm. Davis asked if there were anyone present to oppose the issuance of this special use permit, and no one spoke in opposition. i I \ ~ '. i. '. 2U~ .'.. (.\" MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUE')) PUBLIC HEARING (CONTINUED) , After the Commission had cbnsidered the follo'Ning 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 d~veloped according .to the plan as submitted and approved; (b) that the use met all requir~d 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 a~proved, 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. 0' Shield,,, moved, seconded by Comm. Alper, that this special use permit be issued based on th~ plan as submitted with the appli- ca tion for special use permit. Upon vote, motion ,:::arried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTH SIDE OF GREENVILLE LOOP ROAD APPROXIMATELY 450 FEET EAST OF CLEARBRooK DRIVE FOR A KENNEL IN ZONING AREA #2. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this request be approved based on the plan as submitted with the application for special use permit. He stated that the Planning Staff concurred in this recommen- dation. Mrs. Judie S. Inscoe, the Petitioner, appearej before the Board on behalf of this application. 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 folloNing four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located whe:-e proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. Alper, that this special use permit be issued based on the plan as sub- mitted with the application for special use permit. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY ON THE NORTHEAST SIDE OF NORTH COLLEGE ROAD (N. C. HWY. 132) APPROXIMATELY 900 FEET SOUTHEAST OF THE INTERSECTION OF PRINCE GEORGE CREEK AND NORTH COLLEGE ROAD FOR A MOBILE HOME IN ZONING AREA #8A. Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this speci~l use permit be issued based on the plan as submitted with the application for special' use permit. He stated that the Planning Staff concurred in this recommendation. Mr. Norwood Thomas Blanton, the Petitioner, appeared before the Board on behalf of this application. 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 according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in harmony with the area in which it was to be located and in general conformity with the plan of development for New Hanover County, Comm. Wright moved, seconded by Comm. O'Shields, that this special use permit be issued based on the plan as submitted with the application for special use permit. Upon vote, motion carried unanimously. _..~ (~~J.U MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A :~PECIAL USE PERMIT TO USE PROPERTY ON THE SOUTH SIDE OF MARKET STREET EXTENSION (U. S. HWY. 17) 300 FEET NORTHEAST OF S.R. 1346 FOR A CONVENIENT FOOD STORE IN ZONING AREA #5. Planning Director Richard A. Fender stated that (he Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this special use permit be issued based on the plan ai, submitted with the appli- cation for special use permit. He stated that the Pl~nning Staff concurred in this recommendation. f') 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 followinq four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required condi1:ions and specifications; (c) that the use would not substantially injure the v~lue of adjoining or abutting property or the use was a public necessity; and (d) t4at the location and character of the use, if developed according to the plan as sU~litted and approved, would be in harmony with the area in which it was to be locateq and in general conformity with the plan of development for New Hanover County, ~omm. Wright moved, seconded by Comm. Alper, that this special use permit be issueq based on the plan as sub- mitted with the application for special use permit. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE PROPERTY AT 5200 WRIGHTSVILLE AVENUE FOR A CONVENIENT 'FOOD STORE IN ZONING AREA #9B. , I Planning Director Richard A. Fender stated that the Planning Commission had considered this request at their meeting of May 7, 19~5, and had recommended that this special use permit be issued based on the plan as submitted with the applica- tion for special use permit. He stated that the Plan~ing Staff concurred in this recommendation. ~ Chm. Davis asked if there were anyone present to speak in opposition to the issuance of this special use permit, and no one spoke in opposition. After the Commission had considered the following four items and found them to be fact, (a) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (b) that the use met all required conditions and specifications; (c) that the use would not substantially injure the value of adjoining or abutting property or the use was a public necessity; and (d) that the location and character of the use, if developed according to the plan as submitted and approved, would be in 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. Wright, that this special use permit be issued based on the plan as submitted with the application for special use permit. 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 presented the following proposed amendments to the New Hanover County Zoning Ordinance and stated that the Planning Commission had considered these amendments at their meeting of May 7, 1975, and had recommended that theybe adopted. He stated that the Planning Staff concurred in this recommen- dation. 1. Amend Article V, Section 51-3 by adding the following: f\ ) (22) Kennel. 2. Amend Article V, Section 52-3 by adding the following: (25) Kennel. \ ~ ~ll~ )',!,t.- MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) PUBLIC HEARING (CONTINUED) Chm. Davis asked if there were anyone present to oppose the adoption of these proposed amendments, and no one spoke in opposition. Comm. Wright moved, seconded by Comm. O'Shields, that these proposed amendments be approved and that the ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Ordinance of New Hanover County, North Carolina, Adopted October 6, 1969" be adopted. . Upon vote, motion carried unanimously. . PUBLIC HEARING TO CONSIDER THE FOLLOWING PROPOSED AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE. Planning Director Richard A. Fender stated that the following proposed amend- ment to the New Hanover County Zoning Ordinance had been considered by the Planning Commission at their meeting of May 7, 1975, and that they had recommended that this amendment be adopted. He stated that the Planning Staff concurred in this recommendation. 1. Amend Article V, Section 56-2 by adding the following: (30) Industrial or trade union offices and meeting facilities. Chm. Davis asked if there were anyone present t:o oppose the adoption of this amendment, and no one spoke in opposition. Comm. Taylor moved, seconded by Comm. Wright, t:hat this amendment be approved and that the ordinance entitled "An Ordinance of thE! County of New Hanover Amending the Zoning Ordinance of New Hanover County, North Cctrolina, Adopted October 6, 1969" be adopted. Upon vote, motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE IffiCOMMENDATION OF THE PLANNING COMMISSION TO REZONE PROPERTY ON THE SOUTH SIDE OF ~IRIGHTSVILLE AVENUE BETWEEN WALLACE AVENUE AND HAWTHORNE DRIVE FROM R-15 (SINGLE FAMILY DISTRICT) TO 0&1 (OFFICE & INSTITUTIONAL DISTRICT) IN ZONING AREA #9B. . Planning Director Richard A. Fender stated that: the Planning Commission had considered this request at their meeting of May 7, 1975, and had recommended that this request be denied. He stated that the Planninsr Staff concurred in this recommendation because they felt this request completely invalidated the purpose of the 0&1 Zone by stripping out the non-residential uses. He stated further that the Staff was concerned about protecting the rE!sidential development along wrightsville Avenue and preventing it from becoming more of a problem due to commercial traffic. Mrs. Hazel Marie Mohr, the Petitioner, appeared before the Board on behalf of this rezoning request. Chm. Davis asked if there were anyone present 1:0 oppose this rezoning request, and no one spoke in opposition. Chm. Davis moved that this re0uest be denied. Motion died for lack of a ~ second. Comm. O'Shields moved, seconded by Comm. Wrigh1:, that this request be approved and that the ordinance entitled "An Ordinance of th(~ County of New Hanover Amending the Zoning Map of Zoning Area #9B of New Hanover County, North Carolina, Adopted July l, 1972" be adopted. Upon vote, motion carried as follows: . Voting Aye: Comm. Alper, O'Shields, and Wrigh1:. Voting Noe: Comm. Taylor and Chm. Davis. A copy of the ordinance, as adopted and signed, is contained in Zoning Ordinance Book I, Section 9B, Page 22. Chm. Davis closed the public hearing to discus:3ion. u.~..__.____~ ~_._~,_,.___..__,__._m_h__..... --'--"---'-'--'--+--'~,--~---- --... . - .....~ ~1~ MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) LUNCH RECESS Chm. Davis recessed the meeting for lunch from 1:10 to 2:10 o'clock p.m. APPROVAL OF COASTAL RESOURCES CONTRACT 006 The Board of Commissioners was advised of notificat~on by the North Carolina Department of Natural and Economic Resources that a Coast,:al Resources Planning Assistance Grant had been approved for the County of New Hanover, and a proposed contract, designated 006 Contract Coastal Resources, bebleen the County and the North Carolina Department of Natural and Economic Resources for the provision of planning services was presented and discussed. ~ I /., Chairman Davis introduced the following resolution, which was read: "BE IT RESOLVED by the Board of Commissioners of thE! County of New Hanover: 1) That the contract between the County of New Hanover and the North Carolina Department of Natural and Economic Resources be and the ~:ame is hereby approved. 2) That the Chairman and the Clerk be and they are hereby authorized to sign and execute the said contract for and on behalf of the County of New Hanover and forward the same to the North Carolina Department of Natural and Economic Resources. 3) That upon final execution a copy of said contrac:t be filed with the minutes." I Upon motion by Chairman Davis, seconded by Commissioner O'Shields, said resolution was passed by the following vote: Voting Aye: Commissioner Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. REIMBURSEMENT OF EDUCATIONAL EXPENSES - FINANCE OFFICE As provided for in the Personnel Resolution, Chm. D~vis moved, seconded by Comm. Wright, that the following employees in the Financ~ Office be reimbursed in the amount shown for successful completion of the foll:owing courses. Upon vote, motion carried unanimously. i) Mrs. Nikki Davenport, Accounting II, $54.50 Mrs. Marie Batts, State & Local Government, $54.50 Mrs. Emily Mack, Accounting I, $54.50 TABLING OF LEASE AGREEMENT WITH AERONAUTICS, INC. As requred by North Carolina General Statutes, notice had been published in the Wilmington Morning Star on March 28, 1975, that the County Commissioners would consider leasing additional property to Aeronautics, Inc., at their meeting of April 7, 1975. This lease agreement had been considered by the Commissioners at their meetings of April 7, April 21, May 5, and May 19, 1975, and had been tabled at each meeting due to questions raised by Aeronautics, Inc., regarding tre terms of the lease. ! In that negotiations had still not been completed for action on this lease agreement, Chm. Davis moved that thi~ until brought back to the Board by the Airport Commission. carried unanimously. the Commission to take item be tabled indefinitely Upon vote, tabling motion APPROVAL OF AUDIT CONTRACT FOR YEAR ENDING JUNE 30, 1975 Upon motion by Comm. WRight, seconded by Comm. Alper, the contract with Cherry, Bekaert & Holland, Certified Public Accountants, for the annual audit for fiscal year ending June 30, 1975, was unanimously approved and the Chairman was authorized to sign the contract on behalf of the Commissi;)ners. ) r' ) CERTIFICATION OF VOLUNTEER FIRE DEPARTMENTS - OGDEN, SEAGATE & WINTER PARK As required by N.C. G.S. 118-23, the Ogden, Seagate and Winter Park Volunteer Fire Departments had submitted a roster of active firemeni for certification by the County Commissioners. Upon motion by Comm. O'Shields, seconded by Comm. Taylor, these rosters were unanimously certified and the Chairman was authorized to i,ign the certification forms on behalf of the Commission. \ , '~~ _:.'~ ~.~ 213~ MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) DENIAL OF REQUEST FOR INCLUSION OF REPORT - CIVIL PREPAREDNESS Gen. Andrew H. Harriss, Jr., civil Preparedness Coordinator, had requested that a report be included in the record of the County Commission meeting regarding State Emergency Planning Gu~dance ~anuals. ; ! Comm. O'Shields moved, seconded by Comm. Taylor, that this request be approved. Upon vote, motion was defeated as :follows: . Voting Aye: Comm. O'Shields and Taylor. Voting Noe: Comm. Alper, Wright, and Chm. Davis. PRESENTATION OF RELOCATION OF BRANCH LIBRARY Mr. J. W. Holman, Chairman of the Library Board of Trustees, appeared before the Board along with Board Member, Dr. E. Stuart Benson, Jr., and Librarian, Katherine Howell, and presented a proposal that the branch library on Red Cross Street be moved to Oleander Drive. Following discussion regarding the condition of the building on Red Cross Street that housed the branch library, it was agreed by common consent that the Chairman would write the owners of the building regarding the condition of the building and the fact that they had gone up on the rent without making certain needed improvements to the building. Chm. Davis moved, seconded by Comm. Alper, that the relocation of the branch library be considered further at the time the Library Budget was considered. Upon vote, motion carried unanimously. DENIAL OF LEAA GRANT APPLICATION - NEW HANOVER COUNTY LEGAL UNIT Sheriff H. G. Grohman appeared before the Board to discuss the proposed LEAA Grant Application entitled "New Hanover County Legal Unit." This application had been considered by the Commissioners at their meetings of May 5 and May 19, 1975. I. Comm. Taylor moved, seconded by Chm. Davis, that, due to economic conditions and due to the fact that the Sheriff's Department had well-trained men who were not getting cases thrown out of court on technicalities, this application be denied. Upon vote, motion carried unanimously. RESOLUTION AUTHORIZING PURCHASE OF DUILDING KNOWN AS :P&L BUILDING The following resolution was offered by Chairman Davis and seconded by Commissioner O'Shields and, upon being put to a vote, was carried on the 2nd day of June, 1975, by the following vote: Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. RESOLVED THAT: I. New Hanover County purchase the property of ~rhe Mutual Life Insurance Company of New YQrk at the southwest intersection of 4th and Chestnut Streets in the City of Wilmington, North Carolina, being the saml.:! property acquired by it from Seacoast Realty and Development Company by deed ::-ecorded in Book 436 at Page 117, New Hanover County Registry, and formerly occupied by Carolina Power and Light Company, for the purchase price of $550,000.00, less :,eller's pro rata portion of 1975 City of Wilmington and New Hanover County ad valorem taxes (seller's pro rata portion thereof being $5,295.60) and North Carolina e:<cise stamp taxes ($550). . 2. The Chairman of the Board of Commissioners and its Clerk are authorized to execute a contract of purchase:and sale for said property on behalf of New Hanover County, and to execute all other documents neGessary to accomplish such acquisition. TRANSFER OF FUNDS - COURTHOt~SE/JAiL CONSTRUCTION FUND Comm. O'Shields moved, seconded by Comm. Alper, i:hat the sum of $545,000 be transferred from Account #63 520 46, Contracted Construction, to Account #63 520 72, Buildings, in the Courthouse/Jail Construction Fund for the purchase of the building known as the CP&L Building on the'corner of Fourbh & Chestnut Streets from Mutual of New York. . Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. ."~ (14 MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) DISCUSSION OF AMBULANCE ORDINANCE County Attorney Fox stated that Comm. Wright had raised the question of whether or not the Ambulance Ordinance ~ad to be adopted twice under G.S. l53A-250 and G.S. 146. He stated that he did not believe that it did. DISCUSSION OF BUDGET HEARINGS AND BOARD OF EQUALIZATION & REVIEW County Attorney Fox had been asked if the Board coulq recess or adjourn the hearings before the Board of Equalization & Review in ord€:r to hold hearings on the County Budget for fiscal year 1975/1976. ) County Attorney Fox stated that, since times had been advertised in the paper at which taxpayers could come before the Board to protest the valuation of their property, he would recommend that, rather than recess or ~djourn, the Board appoint the Tax Supervisor to constitute an investigative committE!e under NC GS 105-322 to sit during those advertised times in the place of the Board of Equalization & Review to receive whatever complaints the taxpayers wanted to make. He stated that, if the Commissioners dec~edto do this, he would like to prepare a resolution for adoption by the Board of Equalization & Review after the Commissioners had decided upon the time framework for this break for budget hearing? i By common consent, it was agreed to contact Tax Administrator Powell asking that he not schedule anymore hearings before the Board of'Equalization & Review past the ones Scheduled for June 17 and 18, 1975. PRESENTATION OF RECREATION MASTER PLAN At the Commissioners meeting of October 21, 1974, the Commissioners had agreed that New Hanover County be included in the request for proposals for a Master Recreation Plan for Wilmington and New Hanover County. A committee composed of John Jones, City Manager; Rex Byrd, Director of Parks & R~creation; Richard Fender, Planning Director; Derick Davis; and County Manager Eller! had reviewed the proposals and had recommended that the firm of Gardner Gidley and Associates be retained to prepare the Comprehensive Recreation Plan for Wilmington and New Hanover County. This Plan would include two site plans for New Hanover co:unty--one for Hugh MacRae Park and one for the 25 acres purchased by the County on Highway 132 North. The County's share of the project would be $10,890. ; ~ ) / Mr. Rex Byrd and Mr. Richard Fender appeared before the Board to discuss the proposal with the Commissioners. Comm. Alper moved, seconded by Comm. Wright, that, considering the economic conditions under which the Commission would be laboring, that nothing be done in the field of recreation and that this discussion be tabled until further notice. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, Taylor, Wright, and Chm. Davis. Voting Noe: Comm. O'Shields. Comm. O'Shields moved, seconded by Comm. Taylor, thclt $10,890 be allocated in the budget for fiscal year 1975/1976 in a special fund for improvements to recreational facilities now owned by the County. Upon vbte, motion was defeated as follows: t Voting Aye: Comm. O'Shields and Taylor. Voting Noe: Comm. Alper, Wright, and Chm. Davis. DISCUSSION OF OFFICES IN BUILDING KNOWN AS CP&L BUILDING County Mgr. Eller and Acting County Engineer, Bob Williams, presented the proposed plan for county office space in the building kn(')wn as the CP&L Building. ~ / By common consent, the Board directed that the Commissioners' meeting room and the offices of the Board of Elections be located on the first floor rather than the fifth floor as proposed and that the plans be r~worked and brought back for final approval. i ~. '. '. . ~ II ~ ,., 215 MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUEDI 'i ACCEPTANCE OF BID FOR TRACTOR-MOWER - BUILDINGS & G:~OUNDS County Mgr. Eller presented'the following bids received on the tractor-mower for the Buildings & Grounds Department and recommended that the contract be awarded to the low bidder, Wilmington Lawn & Leisure. Wi~mington Lawn & Leisure - $3,690.00 Humbles Garage - $3,770.36 Comm. O'Shields moved, seconded by Comm. Alper, that the contract be awarded to Wilmington Lawn & Leisure as recommended by County Mgr. Eller. Upon vote, motion carried as follows: voting Aye: Comm. Alper, 0' Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. APPROVAL OF CAPITAL OUTLAY EXPENDITURE - TAX DEPARTI1ENT Upon motion by Comm. Alper, seconded by Comm. O'Shields, the capital outlay expenditure by the Tax Department of $1,705 for a Bruning P.D. 80 Copy Machine with stand was unanimously approved. Funds for this purpose had been appropriated in the FY 74/75 Budget. TRANSFER OF FUNDS - TAX DEPARTMENT Comm. O'Shields moved, seconded by Comm. Taylo::-, that the sum of $16,106 be transferred from Contingencies, Account #11 445 61, to Salaries & Wages, Account #11 450 02, in the Tax Department Budget for overtime pay required by the delay of Cole-Layer-Trumble Company in turning the appraisal work over to the County. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. BUDGET AMENDMENT - PUBLIC SCHOOLS County Mgr. Eller reported that the proceeds 0:: the $5,500,000 School Bonds had been received by the County and were held in tru~ County Public School Con- struction Fund with payments to be made to the schools as their requirements arose. He stated that, in order for the schools to properly account for the receipt and expenditure of these funds, the following amendment to the Schools Budget needed to be approved by the Commissioners. Increase the appropriation in the revenue account, Bond Fund Proceeds, by $5,500,000 and increase the appropriation in the expenditure account, Capital Outlay - Construction - Bond Funds, by $5,500,000. (Both of these accounts were unnumbered by the Public Schools and were contained in their "special accounts" fund.) Chm. Davis moved, seconded by Comm. O'Shields, that the amendment to the Schools Budget as recommended by County Mgr. Eller be approved. Upon vote, motion carried as follows: Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis. Voting Noe: Comm. Wright. DISCUSSION OF WRITING MUNICIPALITIES RE TAX BASE Comm. Wright recommended that the Chairman wri1:e the municipalities and tell them that the Board did not know what the exact tax base would be, that they did not know how many changes had been sent out and did not know what the value of the changes was. Chm. Davis asked County Mgr. Eller if the municipalities had been notified with regard to the tax base, and County Mgr. Eller Btated that Tax Administrator Powell had advised the municipalities how the tax base had been established. "','"'~ 616 MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUED) DISCUSSION OF WRITING MUNICIPALITIES RE TAX BASE (CONTINUED) Comm. Alper moved, seconded by Comm. Wright, that trye Board send the municipalities a letter stating that the tax base submitted by Tax Administrator Powell was tentative and that they were to proceed with caution. ; Comm. O'Shields moved that this item be tabled unless Tax Administrator Powell's letter to the municipalities was not sufficient. Upon vqte, tabling motion carried as follows: I Voting Aye: Comm. Alper, O'Shields, and Chm. Davis. ) Voting Noe: Comm. Taylor and Wright. DISCUSSION OF BOARD OF EQUALIZATION & REVIEW GOING TO COHMITTEE Comm. Alper moved that the Board deputize five boards to hear complaints regarding the valuations of property and that each member of the Board of Commissioners serve as chairman of the deputized board and that, when the resul1:s come in, that the County Commissioners have their own meeting to review and evalu~te the work of the boards. Motion died for lack of a second. . Comm. Alper moved that three members of the Board of Commissioners meet as the Board of Equalization & Review for each scheduled meetin~. Motion died for lack of a second. Comm. O'Shields moved, seconded by Comm. Wright, that this discussion be tabled. Upon vote, tabling motion carried unanimously. PRESENTATION OF COUNTY BUDGET FOR FISCAL YEAR 1975/1976 County Mgr. Eller presented the proposed County Budqet for the fiscal year beginning July 1, 1975, and ending June 30, 1976. By common consent, the reqillredpublic hearing on tru~ proposed County Budget was set for Monday, June 23, at 7:30 o'clock p.m. DISCUSSION OF NACo NATIONAL CONVENTION TO BE HELD IN HA~\II Chm. Davis moved that Mr. Waverly Akins, President of the North Carolina Association of County Commissioners, be delegated to cast the two votes for New Hanover County at the NACo National Convention to be~held in Hawaii. Motion died for lack of a second. I ~! ) No action was taken by the Board on this item. AUTHORIZATION TO DEMOLISH HOUSE AT l214 SOUTH EIGHTH STREET County Mgr. Eller reported that he had been notifie~ that a house owned by the City of Wilmington and New Hanover County located at l2l:~ South Eighth Street did not meet the minimum standards of the City's Housing Cod~ and recommended that the house be demolished and that the cost of demolition beCOlne a lien against the property. Upon motion by Comm. Alper, seconded by Comm. 0' ShL:~lds, this recommendation was unanimously approved by the Board. SPECIAL MEETING SET FOR JUNE 9 AT 11:00 AM By common consent, a special meeting was set for Mopday, June 9, at 11:00 am to handle any items that could be handled before the regplarly scheduled meeting of June 16. ADJOURNMENT Comm. Alper moved, seconded by Comm. Wright, that the meeting be adjourned. Upon vote, motion carried unanimously. ~, ) Chm. Davis adjourned the meeting at 4:55 o'clock p.m. ~es ectfully submi~ted, , - ~~d. ( rs.) Lise K. King 'J Clerk to the Board k '~