1975-06-02 Regular Meeting
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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.
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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,
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~( rs.) Lise K. King?
Clerk to the Board
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MINUTES OF REGULAR MEETING, JUNE 2, 1975
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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
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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..
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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(22) Kennel.
2. Amend Article V, Section 52-3 by adding the following:
(25) Kennel.
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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.
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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
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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:
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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Comm. O'Shields moved, seconded by Comm. Taylor, that this request be approved.
Upon vote, motion was defeated as :follows:
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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.
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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.
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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?
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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. ;
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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.
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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
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215
MINUTES OF REGULAR MEETING, JUNE 2, 1975 (CONTINUEDI
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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.
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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.
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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.
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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.
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Chm. Davis adjourned the meeting at 4:55 o'clock p.m.
~es ectfully submi~ted,
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( rs.) Lise K. King 'J
Clerk to the Board
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