1976-07-19 Regular Meeting
/~62
/ (" ~./,
MINUTES OF REGULAR MEETING, JULY 6, 1976 (CONTINUED)
CODIFICATION OF COUNTY ORDINANCES AND BUDGET AMENDMENT (CONTINUED)
County Manager Eller also requested that if the Commissioners awarded the Contract,
the budget be amended by transferring $8,500 from conti~gencies, Acct. #11 445 61,
to Contracted Services, Acct. #11 470 45, in the County Attorney's Budget.
Comm. O'Shields moved, seconded by Comm. Alper, that the Contract be awarded to
Municipal Code Corporation for codification of the Coun1:y ordinances and Session Laws
and that the budget be amended as requested by the Coun~y Manager. Upon vote, the
motion carried unanimously.
APPOINTMENT OF SONYA ROBINSON TO BOARD OF DIRECTORS OF llEGION "0" FAMILY RESOURCES, INC.
Comm. O'Shields moved, seconded by Comm. Alper, th~t Mrs. Sonya Robinson be appointed
as a representative from New Hanover County to serve on'the Board of Directors of Region
"0" Family Resources, Inc. Upon vote, the motion carried unanimously.
I
~:
)
. I
ADJOURNMENT
Comm. Alper moved, seconded by Comm. Taylor, that U.le meeting be adjourned. Upon
vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 10:15 o'clock a. m.
I
1
Respectfully submitted,
Ck~--,6. ~
Alyce B. B:r'Own
Clerk to t~e Board
ab
MINUTES OF REGULAR MEETING, JULY 19, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
July 19, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County Adminis-
tration Building, Wilmington, North Carolina.
1\1
)1
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, Alyce B. Brown. No members were absent.
Chm. Davis called the meeting to order.
Rev. Marion Starr of St. Paul's Lutheran Church offered the invocation.
PRESENTATION OF MEDALLION TO DR. JOSEPH C. KNOX
Chm. Davis presented to Dr. Joseph C. Knox a medallion of the County Seal, upon his
retirement as Director of the New Hanover County Health Department, as a small token
of appreciation for his service to the County.
INTRODUCTION OF DR. JAMES FINGER AS DIRECTOR OF HEALTH DEPARTMENT
Dr. Knox introduced Dr. James Finger, who will replace him as Director of the
Health Department.
APPROVAL OF MINUTES OF REGULAR MEETING, JULY 6, 1976
Comm. Alper moved, seconded by Comm. Taylor, to accept the Minutes of the Regular
Meeting of July 6, 1976, as presented. Upon vote, the motion carried unanimously.
DISCUSSION OF DAMAGES ALLEGEDLY CAUSED BY CONSTRUCTION OF LAW ENFORCEMENT CENTER
Mr. Everett Huggins appeared before the Board with a complaint of damages to his
residence that he alleged were caused by construction of the Law Enforcement Center
and requested assistance from the Board in obtaining compensation for the repair work.
1)1
County Attorney James Fox explained to Mr. Huggins the County's position in this
matter and suggested that Mr. Huggins might need to obtain counsel to represent his
interest.
~.
163
-...,
.:'.
MINUTES OF REGULAR MEETING, JULY 19, 1976 (CONTINUED)
REPORT ON SECURITY OF CIVIL PREPAREDNESS SUPPLIES
Col. Ben Washburn, Civil Preparedness Coordinator, reported to the Board on the
security of supplies that had been stored in the old Community Hospital Building
and gave his recommendation for removal of the supplies to a different location.
Chm. Davis requested that Dr. Finger have someone on the Health Department staff
check the items to see if the fo~dstuffs wereof any value before going to the trouble
and expense of moving them.
.
APPROVAL OF SALE OF CITY/COUNTY-OWNED LOT ON NIXON :~TREET TO REDEVELOPMENT COMMISSION
The Redevelopment Commission had offered $250 for a lot on Nixon Street which was
jointly owned by the City of Wilmington and New Hanover County. The lot had been appraised
for tax purposes at $360, and the County Manager explained that it had been the County's
policy in the past to ask the Redevelopment Commission to pay the appraised price.
Comm. O'Shields moved, seconded by Comm. Alper, approval of the sale of Parcel 23-7
Northside I Urban Renewal Area, PT W. M. 1, Block 3.25, to the Redevelopment Commission
for the appraised value of $360.; Upon vote, the motion carried unanimously.
APPROVAL OF DONATION OF CITY/COUNTY-OWNED LOT ON LO"JE ALLEY TO BOARD OF EDUCATION
County Manager Eller recommended that the Commissioners approve conveying the
County's interest in a lot on Loye Alley to the Board of Education. The lot was adja-
cent to the James B. Dudley School and was not needed for other governmental purposes.
Comm. Alper moved, seconded by Comm. O'Shields, approval of donation to the Board
of Education of a small lot located on Love Alley off Harnett Street between the inter-
sections of 6th and 7th Streets with Harnett. Upon vote, the motion carried unanimously.
AUTHORIZATION FOR ABC BOARD TO DONATE SEIZED LIQUOR TO NEW HANOVER MEMORIAL HOSPITAL
The Commissioners were requested to approve th(~ ABC Board's donating a quantity
of confiscated liquor to New Hanover Memorial Hospital for medical purposes.
.
Comm. Alper moved, seconded by Comm. Taylor, approval of the request of the ABC
Board to turn the confiscated liquor over to New Hanover Memorial Hospital. Upon vote,
the motion carried unanimously.
APPROVAL OF TRAINING REIMBURSEMENT FOR SGT. PICKLER
The Commissioners were requested to authorize reimbursing Sgt. W. F. pickler the
sum of $67.50, which represented expenses incurred in successfully completing a
Sociology Course at UNC-W.
Chm. Davis moved, seconded by Corom. Wright, to reimburse Sgt. pickler for the
course that he successfully completed at UNC-W. Upon vote, the motion carried unanimously.
PUBLIC HEARING
Notice had been given that a Public Hearing would be held by the Board of Coromis-
sioners of New Hanover County on Monday, July 19, 1976, at 9:30 a. m. in the Assembly
Room of the County Administration Building, 320 Chestnut Street, Wilmington, North
Carolina, to consider the following:
AMENDMENT TO COUNTY ZONING ORDINANCE
Planning Director, Richard Fender, appeared before the Board and reported that at
the Commissioners meeting of June 7, they voted to (~end Article VI, Section 61, of the
County Zoning Ordinance by deleting it. He stated that the Planning commission had
considered this matter at its July meeting and voted unanimously to delete the provision
and the Planning Staff also recommended deletion of the provision. He stated that the
provision had been tested in the New Hanover County Superior Court and was ruled as
unconstitutional.
.
Upon motion by Comm. Wright, seconded by Comm. Alper, the following ordinance
amending the County Zoning Ordinance was unanimously adopted:
AN ORDINANCE OF THE COUNTY OF NEW
HANOVER AMENDING THE ZONING OnDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 6, 1969
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUN'l'Y DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted
October 6, 1969, as amended, be, and the same i.s hereby further amended as follows:
.~
;-
( I ~4
!? 7
MINUTES OF REGULAR MEETING, JULY 19, 1976 (CONTINUED)
AMENDMENT TO COUNTY ZONING ORDINANCE (CONTINUED)
1. Amend Article VI, Section 61 by deleting t,he following:
Section 61 Fences, Walls and Hedges
Notwithstanding other provlslons of this Ordinance, fences, walls
and hedges may be permitted in any required yard, or along the edge
of any yard provided that no fence, wall, or hedge along the sides or
front edge of any front yard shall be over three (3) feet in height.
,~
/1
Section 2. Any ordinance or part of any ordin3.nce in conflict with this
ordinance, to the extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health,
safety, morals and general welfare of the inhabitants of the County of New
Hanover, North Carolina, and shall be in full force and effect from and after
its adoption.
Adopted this 19th day of July, 1976.
TABLING OF FINAL PLAT APPROVAL FOR TURTLE HALL, SECTION 1
Mr. Harry Oakes of the Planning Department presented the final plat of Turtle
Hall Subdivision for approval and stated that it had been approved by the Subdivision
Review Committee on June 28, 1976, on the condition that an inspection and approval
of the road construction be obtained from the Department of Transportation, Division
of Highways, and the certificate of approval had since b(~en received from the Depart-
ment of Transportation. The Planning Commission and Plffilning Staff recommended approval
of this final plat.' .
Mr. Joseph M. Rogers, an adjacent property owner, appeared before the Board in
opposition to the drainage situation on this subdivision..
County Attorney Fox explained the position of the County in this matter.
~
/:
Comm. O'Shields moved, seconded by Comm. Alper, th~: this item be tabled until the
first meeting in August, at which time the developers, engineers, Mr. Rogers, the
County Engineer, etc. could be present to discuss this matter further. Upon vote,
the motion carried unanimously.
APPROVAL OF REPORT OF COLLECTOR OF REVENUE THROUGH JUNE :10, 1976
Upon motion by Corom. 0' Shields, seconded by Comm. A:.per, the report of the Col-
lector of Revenue through June 30, 1976, was unanimously " approved.
A copy of the report is contained in Exhibit Book IV, Page 3.
APPROVAL OF BUDGET AMENDMENT - NEW HANOVER MEMORIJl-,L HOSPITAL CAPITAL PROJECTS FUND
The Commissioners were requested to approve the following budget amendment in the
New Hanover Memorial Hospital Capital Projects Fund in order to credit the Hospital
with the interest received on their Certificate of Deposit which had been deposited
with the County:
Dr. Revenue Acct. #78 329 00, Interest
Cr. Expenditure Acct. #78 575 91, Payments to Eospital
$2,016.97
2,016.97
Comm. Taylor moved, seconded by Comm. Alper, approval of the budget amendment as
requested in the New Hanover Memorial Hospital Capital Projects Fund. Upon vote, the
motion carried unanimously.
APPROVAL OF BUDGET AMENDMENT - HEALTH DEPARTMENT
The County Manager reported that the Health Department wanted to use the remainder
of the money from the sale of the dragline to try to get at least one truck on which
to mount a sprayer used in the mosquito control program. The Commissioners were re-
quested to approve the following budget amendment in the Health Department Budget for
that purpose:
~
/
Dr. Acct. #44 299 00, Unappropriated Fund Balance
Cr. Acct. #44 593 74, Drainage & Mosquito - Capital Outlay
$7,700.
7,700.
Upon motion by Comm. Alper, seconded by Comm. Taylor, the budget amendment in the
Health Department Budget was unanimously approved as requested.
~-_.-
'.
'.
.
~
l"f'"
f') ;')
MINUTES OF REGULAR MEETING, JULY 19, 1976 (CONTINUED)
DISCUSSION OF DRAINAGE PROBLEM IN GREEN MEADOWS SUBDIVISION
Mr. Frank Olive and Mr. V. ;M. Gilbert of the Health Department appeared to
explain to the Board the reasons for a drainage problem in the area of the Green
Meadows Subdivision. Several property owners in the area had requested the County
Commissioners to assist in correcting the drainage problem which was caused by the
improper location of a culvert in the Seaboard Coast Line Railroad Company right-of-way.
Attempts by local residents to have the situation corrected by Seaboard Coast Line
Railroad Company had been unsuccessful.
It was agreed by common consent that Chm. Davis should write a letter to the
President of the Seaboard Coast Line Railroad Company with a copy to Mr. Peter B.
Ruffin, a local resident and member of the Board of Directors of the Seaboard Coast
Line Railroad Company, advising them of this situation.
APPROVAL OF APPLICATION FOR CONTINUATION OF LEAA GRANT - CRIME SCENE INVESTIGATION
County Manager Eller reported the receipt of an application for continuation of
funding of the LEAA Grant for the Crime Scene Investigation Program. He stated that
the grant provided for $2,534 from the Fed~ral Government and $447 from the State and
covered the period October 1, 1976, through September 30, 1977.
Comm. O'Shields moved, seconded by Comm. Alper, that the resolution authorizing
approval of the application be adopted. Upon vote, the motion carried unanimously.
A copy of the Resolution is contained in Exhibit Book IV, Page 4.
DISCUSSION OF SEWER BILL FOR AIRPORT
County Manager Eller reported to the Board on the receipt of a bill from the City
of Wilmington in the amount qf $43,405 for sewage service at the Airport. He stated
that the bill was for the period February 1975 through April 1976, and due to the amount
of the bill, the County Manager, the Airport Manage:r, County Engineer and representatives
from the City of Wilmington were negotiating to detl~rmine the accuracy of the bill.
Mr. Eller also reported on measures that were being considered to repair the lines
and prevent the seepage of groUnd water into the lL'les.
DISCUSSION OF PUBLIC WORKS BILL
County Manager Eller reported to the Board on funds that might become available
through the possible passage of a public works bill, and requested that the Commissioners
be considering projects that might be eligible for funds if the bill is passed as there
would be a time limit imposed on the expenditure of the funds.
APPROVAL OF REQUESTING CITY TO DEED MUSEUM PROPERTY TO COUNTY
Comm. Wright moved, second~d by Comm. Taylor, that a letter be written to the
City of Wilmington advising them that the County's paying the total expenses for the
Museum was contingent on their deeding their intereBt in Museum property to the County.
Upon vote, the motion carried unanimously.
Comm. Wright also suggested that when this matl:er was completed, the people ap-
pointed to the Museum Board of Trustees by the City be allowed to continue until the
expiration of their terms and then their terms fillE!d by the County Commissioners.
She also suggested that attendance at meetings of the Museum Board of Trustees be looked
into as some members had not been attending the meel:ings regularly.
REAPPOINTMENT OF I. JOHN TINGA TO WILMINGTON-NEW HANOVER PLANNING COMMISSION
Chm. Davis moved, seconded~by Comm. Taylor, that Mr. I. John Tinga be reappointed
to another 3-year term on the Wilmington-New Hanover Planning Commission to serve until
July 31, 1979. Upon vote, the motion carried unanimously.
EXECUTIVE SESSION
Comm. Alper moved, seconded by Comm. Taylor, that the meeting be recessed to Execu-
tive Session to discuss Attorney/Client matters. Upon vote, the motion carried unanimously.
Chm. Davis recessed the meeting to Executive Session at 10:35 o'clock a. m.
Chm. Davis reconvened the meeting to Public Session at 10:45 o'clock a. m.
~
/
/ ! 66
,
,
/01:.)
MINUTES OF REGULAR MEETING, JULY 19, 1976 (CONTINUED)
APPOINTMENT OF ATTORNEY ALTON Y. LENNON TO REPRESENT COtmTY
Comm. O'Shields moved, seconded by Comm. Alper, that Attorney Alton Y. Lennon
be retained to represent New Hanover County with regard to the damages to the
Wilmington Public Library ~lich allegedly resulted from the construction of the
Jail and Law Enforcement Center. Upon vote, the motion carried unanimously.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chm. Davis adjourned the meeting at 10:45 o'clock 0. m.
I):
Respectfully submitted,
6Jt(J~~ /3. /~~
Alyce B. Brown
Clerk to the Board
ab
MINUTES OF SPECIAL MEETING, JULY 28, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Special Session on Wednesday,
July 28, 1976, at 2:00 o'clock p. m. in the Assembly Rocm, New Hanover County Administra-
tion Building, 320 Chestnut Street, Wilmington, North Carolina, to discuss the use of
public works grant funds for parks and to meet with the attorneys in connection with
the Law Enforcement Center.
Members present were
Taylor; Vivian S. Wright;
Clerk to the Board, Alyce
Commissioners George E. Alper; Claud O'Shields, Jr.; William C.
Chairman Peter R. Davis; County Manager Dan W. Eller; and
B. Brown. No members were absent.
I)i
Chm. Davis called the meeting to order.
DISCUSSION OF USE OF PUBLIC WORKS GRANT
County Manager Eller explained the requirements for the public works grant money
as he understood it thus far.
Comm. O'Shields requested that the County Manager be authorized to look into the
possibility of making application for some funds to begin implementation'of the Parks
and Recreation Master Plan.
The County Manager reported on the types of projects that he felt there might be
a chance of getting funds for.
Mrs. Ann Wilkinson, President of the Friends of the Library, and Mr. Joe Holman,
Chairman of the Library Board of Trustees, offered comments in regard to trying to
obtain some of the funds for construction of a new library
Chm. Davis suggested to Mrs. Wilkinson that they stay in touch with the County
Manager to keep informed on developments concerning the grant and the possibility of
applying for funds.
EXECUTIVE SESSION
Comm. Taylor moved, seconded by Comm. Wright, that the meeting be recessed to
Executive Session to discuss attorney/client matters. U?on vote, the motion carried
unanimously.
~!
)
Chm. Davis recessed the meeting to Executive Sessio:l at 2: 30 0' clock p. m.
Chm. Davis reconvened the meeting to Public Session' at 3:10 o'clock p. m.
DISCUSSION OF 201 FACILITIES PLAN
County Manager Eller reported to the Board that Monday's agenda would include
approval of a letter to EPA stating that the revised 201 Facilities Plan for the
Greater Wilmington Area had been reviewed and approved.
~