1975-07-07 Regular Meeting
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MINUTES OF SPECIAL MEETING, JUNE 30, 1975 (CONTINUED)
CONTRIBUTION TO PLANNING DEPARTMENT TO BE IN LUMP SUM
Chm. Davis moved, seconded by Comm. Taylor, that the contribution for the
Planning and Zoning Department be budgeted on a lump-sum basis to keep County
personnel from maintaining ledger cards on each line item as recommended by
County Mgr. Eller. Upon vote, motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Chm. Davis.
Voting Noe: Comm. Wright.
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EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. Taylor, that thE~ meeting be recessed
to executive session to discuss personnel. Upon vote, mo1:ion carried unanimously.
Chm. Davis recessed the meeting to executive session at ll:l5 a.m.
Chm. Davis reconvened the meeting at 11:20 a.m.
APPOINTMENT OF ROBERT M. WILLIAMS, JR., AS COUNTY ENGINEEl~
County Mgr. Eller advised the Board that Robert M. Williams, Jr., would be
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appointed as the New Hanover County Engineer effective Ju},y l, 1975.
ADJOURNMENT
Comm. Wright moved, seconded by Comm. Alper, that the meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at ll:20 o'clock a.Ill.
Respectfully submitted,
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(Mr~) Lise ~. King
Clerk to the'Board
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MINUTES OF REGULAR MEETING, JULY 7, 1975
ASSEMBLY
The New Hanover Board of County Commissioners met in regular session on Monday,
July 7, 1975, at 9:00 o'clock a.m. in the Assembly Room, County Commission Building,
Wilmington, North Carolina.
Members present were Commissioners 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.
Rev. Wayne D. Barkley of the First Assembly of God offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, JUNE 16, 1975
Comm. Wright requested that, on Page 22l under "Majo:city of Board Opposed to
Committee Substitute for HB 473 and Committee Substitute for HB 254," the record
show that she had stated that she felt Senator Smith should support the bill that
would exempt household and kitchen personal property from taxation because she
thought that particular personal propert~'~as unfair and there was no way to enforce
it because there was nobody on the tax staff qualified to appraise it.
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Upon motion by Comm. Alper, seconded by Comm. Taylor, the minutes of the regular
meeting of June 16, 1975, were unanimously approved as am'~nded.
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MINUTES OF REGULAR MEETING, JULY 7, 1975 (CONTINUED)
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APPROVAL OF MINUTES: SPECIAL MEETING, JUNE 23, 197~~
Comm. Wright requested that, on Page 229 under "Discussion of Tax Department,"
the record show that she had spoken with Mr. Julian on Friday, June 20, 1975, and
he had said that he had received the change a long 1:ime ago.
Comm. Wright requested that, on Page 229 under "Discussion of Pre-Trial
Release Program," the record show that she had stated she thought this should
be at State expense and that Sheriff Grohman had stated that he agreed with that.
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Upon motion by Comm. Alper, seconded by Comm. Taylor, the minutes of the
special meeting held on June 23, 1975, were unanimously approved as amended.
APPROVAL OF MINUTES: SPECIAL MEETING, JUNE 30, 197!~
Upon motion by Comm. Alper, seconded by Comm. ~~aylor, the minutes of the
special meeting held on June 30, 1975, were unanimously approved as presented.
SALE OF CITY-COUNTY PROPERTY - 212 SOUTH 11th STREE~~
Tax Administrator Larry Powell had received an offer of $2,500 to purchase
a house and lot owned by the City of Wilmington (58.9%) and New Hanover County
(41.l%) located at 212 South II th Street. This property had been acquired through
a tax foreclosure on November 12, 1974, for $832.68, and the 1975 appraisal was
$3,040. Tax Administrator Powell and County Mgr. Eller recommended that this
property be offered for sale in accordance with the policy for Disposal of County
Real Estate.
Upon motion by Comm. O'Shields, seconded by Conm. Wright, Tax Administrator
Powell was unanimously authorized to offer this property for sale in accordance
with the Policy for Disposal of County Real Estate.
TRANSFER OF BOND FUNDS - BOARD OF EDUCATION
Dr. Heyward C. Bellamy, Superintendent of County Schools, appeared before
the Board to request that the commissioners approve using County Bond Funds in
the amount of $49,900 originally intended for renovations at D. C. Virgo and
$24,665 originally intended for renovations at Alderman and Howe in the construction
of Emsley A. Laney High School.
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Upon motion by Chm. Davis, seconded by Comm. Alper, this request was
unanimously granted.
CHANGE OF REGULAR MEETING TIME - JULY, AUGUST & SEPTEMBER
Comm. Taylor moved, seconded by Comm. O'Shield~ that, due to the meetings
of the Board of Equalization & Review, the regularly scheduled meetings for the
remainder of July, August, and September, 1975, be held at ll:OO o'clock a.m.
rather than 9:00 o'clock a.m.
Comm. Wright offered the substitute motion that the meetings for July and
August be changed to 11:00 o'clock a.m. from 9:00 o'clock a.m. and that the situa-
tion be studied at the end of August., Substitute motion died for lack of a second.
Upon vote, original motion carried unanimously.
REAPPOINTMENT OF LARRY J. POWELL AS TAX SUPERVISOR
Comm. Wright moved that County Mgr. Eller be a~?ointed as a temporary Tax
Supervisor while the Board took applications for a n'~w Supervisor. Motion died
for lack of a second.
Chm. Davis asked County Mgr. Eller for his recanmendation, and County Mgr.
Eller recommended that Larry J. Powell be reappointed as Tax Supervisor.
.. Comm. Wright stated for then record that she thought Larry Powell had violated
the Personnel Plan of the County'in that it stated D.~partment Heads would have
no outside employment until it had been cleared through the County Manager and
approved by the County Commissioners; that she belie,red he had violated his Oath
of Office in that she thought he had shown favoritisll to some individuals; that
she believed that the County was"now faced with a leqal suit and the people of
the County had been caused a great deal of worry because of his incompetent ad-
ministration of the Department; that he had failed to see that the properties be
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MINUTES OF REGULAR MEETING, JULY 7, 1975 (CONTINUED)
REAPPOINTMENT OF LARRY J. POWELL AS TAX SUPERVISOR (CONTINUED)
visited by the competent appraiser and that the property cards be maintained in
detail as the law specifically required. She stated that' she did not see how the
Board could possibly appoint a man and publicly approve of him to a job when they
were faced with such a situation as they had and the Board and the people of the
County had been caused such a great deal of trouble because of the way he had
administered his job.
Comm. Taylor moved that Larry J. Powell be appointed temporarily as Tax
Supervisor based on information received frcmthe SBI investigation. Motion died
for lack of a second.
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Comm. O'Shields moved, seconded by Comm. Alper, that Larry J. Powell be
reappointed as Tax Supervisor for a two-year term in that he served at the pleasure
of the Board.
The following persons appeared before the Board in opposition to the reappoint-
ment of Larry J. Powell as Tax Supervisor. Mr. Tommy Thompson; Mr. Joseph M. Rogers,
President of the Taxpayers Association; Mr. Herbert T. Fisher, member of the Tax-
payers Association; Mr. Gary McDaniel, member of the Board of Directors of the Tax-
payers Association.
Comm. Taylor stated that he would like to have a report on personnel turn-over
in the Tax Office as reported by Mr. Gary McDaniel; Chm. Davis requested that
County Mgr. Eller furnish this information to the Board.
Upon vote, motion to reappoint Larry J. Powell as Tax Supervisor carried as
follows:
voting Aye: Comm. Alper, O'Shields, and Chm. Davis,
voting Noe: Comm. Taylor and Wright.
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Comm. Wright moved that Section l6 of the Personnel Program for New Hanover
County be applied to Mr. Larry J. Powell and that he be suspended without pay
until the conclusion of the suit which had been institut~d. Motion died for lack
of a second.
Comm. Wright presented the following information to the Board for the record:
that, some time ago when the Board had been discussing t~e matter of the lounge and
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she had told the Board that a judgment had been entered, Mr. Powell had told
County Mgr. Eller that the judgment had been settled out of court in October. She
stated that the judgment was still in effect and listed in Vol. 14, Page 71, in
the Clerk of Court's office.
DESIGNATION OF VOTING DELEGATE TO NCACC ANNUAL CONVENTION
Comm. O'Shields moved, seconded by Comm. Alper, tha~ Chm. Davis be designated
as the voting delegate to the 68th Annual Convention of the North Carolina Association
of County Commissioners. Upon vote, motion carried as fpllows:
Voting Aye: Comm. Alper, O'Shields, Taylor, and Ch~. Davis.
Voting Noe: Comm. Wright.
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be recessed
to executive session to discuss personnel, committee app~intments, and lawyer/
client relations. Upon vote, motion carried unanimously.
Chm. Davis recessed the meeting to executive session at 10:25 o'clock a.m.
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Chm. Davis reconvened the meeting at 11:05 o'clock a.m.
RECESS
Chm. Davis recessed the meeting from 11:05 to 11:30 a.m.
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MINUTES OF REGULAR MEETING, JULY 7, 1975 (CONTINUEI))
COMMITTEE APPOINTMENTS
Upon motion by Conun. Alper", seconded by Comm. 0' Shields, the following com-
mittee appointments were unanimously approved subjE!ct to their acceptance by the
appointed individuals.
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Museum Board - John R. Jefferies - to fill thE! unexpired term of
Augustus B. Moore, Jr., term to expire June 30, 1977.
Environmental Impact Conunittee - Stanley A. Lipman - three-year term to
expire June 30, 1978.
Environmental Impact Committee - William N. Rose - three-year term to expire
June 30, 1978.
Planning Commission - Charles W. Hollis - reaIPointed for a three-year term
to expire July 3l, 1978.
Planning Commission - Tatum S. Robertson - three-year term to expire
July 31, 1978.
New Hanover County Retirement System - Walter A. Holt - two-year term
to expire June 30, 1977.
New Hanover County Retirement System - Richard M. Morgan - two-year term
to expire June 30, 1977.
PUBLIC HEARING
The Clerk to the Board reported that notice had been published in the Wil-
mington Morning Star on June 14 and June 21, 1975, that the Conunissioners would
hold a public hearing at 11: 30 0' clock a.m. with rE!gard to the following appli-
cations for special use permit and appeal from the reconunendation of the Planning
Commission.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL USE PERMIT TO USE
PROPERTY ON THE WEST SIDE OF CASTLE HAYNE ROAD BETWEEN CARL SEITTER DRIVE AND
CHADWICK AVENUE FOR AN AUTOMOBILE PAINT SHOP, BODY REPAIR AND/OR FRAME SHOP IN
ZONING AREA #lOA.
Planning Director Richard A. Fender stated that the Planning Commission had
considered this request at their meeting of June 4, 1975, 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 Planning Staff concurred in this
recoI\lIl1endation.
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 Conunission 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. O'Shields moved, seconded
by Comm. Alper, that this special use permit be iSEued 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 5313 WRIGHTSVILLE 1:\VENUE FOR A FAMILY CARE HOME IN ZONING AREA #9B.
Planning Director Richard A. Fender stated that the Planning Comnlission had
considered this request at their meeting of June 4, 1975, and had recommended that
this special use permit be issued based on the plan as submitted with the appli-
cation for special use permit. He stated that the Planning Staff concurred in
this recommendation.
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MINUTES OF REGULAR MEETING, JULY 7, 1975 (CONTINUED)
PUBLIC HEARING - SPECIAL USE PERMIT, 5313 WRIGHTSVILLE AVENUE (CONTINUED)
Mr. Douglas A. Fox, Attorney at Law, appeared before the Board representing
the Petitioner.
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, Carom. Alper moved, seconded
by Comm. Wright, that this special use permit be issued ~ased on the plan as sub-
mitted with the application for special use permit. Upon vote, motion carried
unanimously.
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PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING
COMMISSION TO REZONE PROPERTY LOCATED AT 28-A OAKLEY CIRCLE FROM R-20 (RESIDENTIAL
DISTRICT) TO B-l (BUSINESS DISTRICT) IN ZONING AREA #lOA.
Planning Director Richard A. Fender stated that the Planning Commission had
considered this request at their meeting of June 4, 1975, and had recommended that
this request be denied. He ,stated that the Planning Staff concurred in this recom-
mendation in that they were concerned about establishing a business district in
this predominantly residential area and, also, because they felt this would consti-
tute spot zoning.
Chm. Davis asked if there were anyone present to speak in opposition to this
rezoning request, and the following persons appeared in opposition:
Mr. Wade Grove, Mr. & Mrs. Arthur Moore, and Mrs. Ellen Sellers.
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The Petitioner was not present at the public hearing.
Mr. Arthur Moore stated that he was concerned about a sign that the Petitioner
had erected in the road regarding his business, and Chm. Davis requested that
County Mgr. Eller investigate to see if the petitioner was in violation of any
ordinance or statute.
Comm. Alper moved, seconded by Comm. O'Shields, that the Board concur with
the Planning Commission and deny this rezoning request. Upon vote, motion carried
unanimously.
Chm. Davis closed the public hearing to discussion.
SPECIAL MEETING - JULY 14, 1975
By common consent, a special meeting was set for Monday, July 14, 1975, at
ll:OO o'clock a.m.
ADJOURNMENT
Carom. Wright moved, seconded by Comm. Alper, that th~ meeting be adjourned.
Upon vote, motion carried unanimously.
Chm. Davis adjourned the meeting at ll:45 o'clock a.m.
Respectfully submitted,
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Llse K. Kin'J 0
Clerk to the Board
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