1976-11-01 Regular Meeting
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MINUTES OF SPECIAL MEETING, OCTOBER 25, 1976 (CONTINUED)
SALE OF COUNTY'S INTEREST IN PROPERTY TO CITY (CONTINUED)
Comm. Alper moved, seconded by Comm. O'Shields, to accept the City's offer for
$3,325.63 for the purchase of the County's interest in lots located at the City Lot
Complex. Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Absent: Comm. Wright
REQUEST CITY TO RECONSIDER USE CHARGE FOR PARKS
Comm. Alper suggested that while representatives of the City were in attendance,
he would like to ask that they reconsider the use charges they were planning to put
into effect for County residents using the parks. .
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COMMENTS FROM MAYOR HALTERMAN
Mayor Halterman thanked the Commissioners and stat:ed that the Council members had
listened to the Commissioners' comments and would try t:o get a committee together or
maybe have a joint meeting with the County Commissioners to discuss the Parks matter
and stated that they appreciated the action taken by the Commissioners at this meeting.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'Shields, that the meeting be adjourned.
Upon vote, the motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Crm. Davis
Absent: Comm. Wright
Chm. Davis adjourned the meeting at 9:58 o'clock a. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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MINUTES OF REGULAR MEETING, NOVEMBER 1, 1976
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
November 1, 1976, at 9:00 o'clock a. m. in the Assembly Room, New Hanover County
Administration 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; Attorney
Joseph o. Taylor, Jr. of the County Attorney's Office; ~nd Clerk to the Board, Alyce B.
Brown. No members were absent.
Chm. Davis called the meeting to order.
Rev. William N. Voorhees of Masonboro Baptist Chur~h offered the invocation.
APPROVAL OF MINUTES: REGULAR MEETING, OCTOBER 18, 1976
Comm. Wright moved the Minutes be approv~d as written.
County Manager Eller stated that on Page 221 under "Budget Transfer - Register of
Deeds", the transfer should have been to Equipment Rental rather than Maintenance and
Mrs. LeRay wanted it pointed out that the reason the fW1ds were not there was not a
fault of hers as she had submitted a purchase order.
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Comm. Wright amended her motion, seconded by Comm. Taylor, to approve the Minutes of
the Regular Meeting of October 18, 1976, with the correction as requested by Mr. Eller.
Upon vote, the motion carried unanimously.
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MINUTES OF REGULAR MEETING, NOVEMBER I, 1976 (CONTINUED)
APPROVAL OF MINUTES: SPECIAL MEETING, OCTOBER 25, 1976
Comm. Wright requested that she be allowed to abstain from voting as she was not
present at the meeting.
Comm. Alper moved, seconded by Comm. O'Shields, that the Minutes of the Special
Meeting of October 25, 1976, be approved as presented. Upon vote, the motion carried
as follows:
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Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Abstaining: Comm. Wright
PUBLIC HEARING - 201 FACILITIES PLAN FOR THE GRENIER WILMINGTON AREA
Col. Paul S. Denison and Mr. Henry von Oesen of Henry von Oesen & Associates,
Consulting Engineers, appeared before the Board to bring the Commissioners up to date
and explain the changes that had been made in the 201 Facilities Plan since the last
public hearings which were held on April 7, 1975, and May 19, 1975. He stated that
the Plan had remained basically the same since that time.
Chrn. Davis asked if there was anyone present who wished to comment on the Plan
and no one appeared in this regard.
PUBLIC HEARING
Notice had been pUblished that a public hearing would be held by the Board of
Commissioners of New Hanover County on Monday, November I, 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:
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED AT THE REAR OF 105 NORTH CARDINAL
DRIVE FROM R-15 (RESIDENTIAL DISTRICT) TO B-2 (BUSINESS DISTRICT) IN ?ONING AREA #9B.
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Planning Director Richard Fender appeared before the Board and reported that the
Planning Commission had considered this request at its meeting on October 6, 1976, and
both the Planning Commission and Planning Staff hai recommended approval of the
rezoning.
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Chrn. Davis asked if there was anyone present to speak for or against this request
and no one appeared in this regard.
Comm. Alper moved, seconded by Comm. Taylor, to accept the Planning Commission's
recommendation and concur with the rezoning and to adopt the ordinance entitled "An
Ordinance of the COtmty of New Hanover Amending th~ Zoning Map of Zoning Area #9B
of New Hanover County, North Carolina Adopted July I, 1972". Upon vote, the ordinance
was unanimously adopted.
A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance
Book~, Section #9B, Page 27.
PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY ON THE
NORTHEAST SIDE OF OAKLEY CIRCLE (LOT NO. 29) FOR A MOBILE HOME IN ZONING AREA #IOA.
Planning Director Richard Fender appeared before the Board and reported that the
Planning Commission had considered this application at its meeting on October 6, 1976,
and both the Planning Commission and Planning Staff recommer.ded approval with the
following two conditions:
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1. Plan as submitted and approved with the application for Special Use Permit;
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2. That this Special Use Permit shall comply with all other supplemental regula-
tions and requirements imposed by the Zoning Ordinance and any other appli-
cable Federal, State or local ordinances.
Chm. Davis asked if there was anyone present 1:0 speak for or against this applica-
tion and no one appeared in this regard.
After the Commission had considered the follo''ling 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 th,~ value of adjoining or abutting
property or the use was a public necessity; and (d:1 that the location and character
of the use, if developed according to the plan as :3ubmi tted and approved, would be
in harmony with the area in which it was to be located and in general conformity
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MINUTES OF REGULAR MEETING, NOVEMBER 1, 1976 (CONTINUED)
SPECIAL USE PERMIT - OAKLEY CIRCLE (CONTINUED)
with the plan of development for New Hanover County, Comm. Taylor moved, seconded
by Comm. Wright, that this Special Use Permit be issued based on the same conditions
as recommended by the Planning Commission. Upon vote, the motion carried unanimously.
TABLING OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE
PROPERTY (HARRELSON'S MARINA) ON THE EAST SIDE OF MIDDLE SOUND LOOP ROAD APPROXI-
MATELY 500 FEET SOUTH OF BAILEY AVENUE FOR A MARINA IN ZONING AREA #3.
Comm. Taylor moved, seconded by Comm. wright, to table this item,as requested by
Mr. Harrelson, until the first meeting in December. Upon vote, the motion carried
unanimously.
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Planning Director Richard Fender requested clarification of the motion in that,
in his opinion, if a matter was tabled it would have to be readvertised but if it
was continued it would not have to be readvertised.
Comm. Taylor amended his motion, seconded by Comm. Alper, that this item be con-
tinued until the first meeting in December. Upon vote, the motion carried unanimously.
PROPERTY TAX EXEMPTION - INDEPENDENT ORDER OF ODD FELLOWS
Mr. Harold Laing, Attorney, appeared before the Board with a request for tax
exemption for property on Market Street owned by the Independent Order of Odd Fellows.
Comm. Alper moved to give charitable organizations the same status as has been
given churches, and if, und~r the eyes of the law, they had the same status, then the
Commissioners had no alternative but to follow that pattern that had been set a couple
of weeks ago; therefore, he moved to give them such relief.
Mr. Laing stated for the record that some of the charitable organizations served
by the Odd Fellows were: 1) cancer research; 2) eye research; 3) purchased a photo-
ocular machine; 4) provided money for retarded childrens' school; 5) provided money for
youth programs; 6) provided scholarships for the needy; and 7) support Little League
Baseball as well .as other types of charitable purposes.
Comm. O'Shields moved to work this one out and in th~ meantime look at all the
other organizations. The motion died for lack of a seconi.
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Comm. Alper amended his motion to grant relief subject to ascertaining that it
was a wholly charitable organization. The motion died for lack of a second.
Mr. Taylor, Attorney, stated that in his opinion there were two findings of fact
necessary in the record: I) That the property was owned by a charitable organization,
qualified under the General Statutes; and 2) The property must be land that is actually
occupied and that is reasonably necessary for the charitaple purpose to be carried out
on the piece of property.
Comm. 0' Shields stated that at the meeting a couple \:>f weeks ago (September 7)
when this matter was being discussed, it was his feeling that the intent of the Board
was that all property that was church related and/or charitable institutions would be
looked on as all of the property being exempt or being ne:::essary to the operation of
that charitable organization. He stated that this was pr~tty broad in scope but that
was the way he understood it was agreed to look at the matter, and this would apply
unless commercial use was being made of the property wher,= income was corning in from
it. .
Chm. Davis moved, seconded by Comm. Wright, that in light of the testimony this
property be exempted and the taxes be abated as could be done under the discovery
provision. Upon vote, the motion carried unanimously.
ABATEMENT OF TAXES - FANNIE NORWOOD MEMORIAL HOME
Tax Administrator Larry Powell reported that the taxl~s for the Fannie Norwood
Memorial Horne could be abated under the discovery provision.
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Comm. Alper moved, seconded by Comm. 0' Shields, to e:{empt the Fannie Norwood
Horne and abate the taxes for 1974 and 1975 under the discovery provision. Upon vote,
the motion carried unanimously.
TABLING OF CHURCH REQUESTS FOR TAX EXEMPTION
This item had been tabled from the meeting of Octobe~ 18 for the County Attorney
to have additional time to study the matter.
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MINUTES OF REGULAR MEETING, NOVEMBER I, 1976 (CONTINUED)
TABLING OF CHURCH REQUESTS FOR TAX EXEMPTION (CONTINUED)
Rev. James O. Brown of Emmanuel Presbyterian Church appeared to request exemption
for property owned by his church, and stated that he had not had a chance to talk with
the Church's attorney since receiving a copy of the County Attorney's opinion the
day before this meeting.
Comm. Alper moved that this matter be continuei. There was no second.
It was agreed by common consent to continue this matter until Mr. Brown had a
chance to check with his attorney for advice.
REFUND OF TAXES TO H. P. GARVIE
Mr. H. P. Garvie appeared to request a refund of taxes he had paid over the past
16 years on property he thought he had title to on Wellington Avenue.
Comm. O'Shields moved, seconded by Comm. Alper, to refund Mr. Garvie's taxes for
the three years that were allowed by law. Upon vot=, the motion carried unanimously.
RELEASE OF TAXES TO TRINITY UNITED METHODIST CHURCH
Comm. 0' Shields moved, secQnded by Comm. Wright, to grant the release of taxes in
the amount of $265.65 to Trinity united Methodist Church under the discovery statute.
Upon vote, the motion carried unanimously.
APPROVAL OF PRIVATE SALE OF PROPERTY TO MR. THOMASnXON, SR.
Tax Administrator Larry Powell requested permi.ssion to sell property received
through a tax foreclosure against the Hrs. of Thomas Nixon and described as .33 Acres
pt Sidbury, for the amount of $843.61 in a private sale in accordance with G. S. l05-376(C).
Comm. O'Shields moved, seconded by Comm. Taylor, that the request for the private
sale to Mr. Thomas Nixon, Sr. be approved. Upon vote, the motion carried unanimously.
AWARD OF BIDS ON VEHICLES FOR THE SHERIFF'S DEPARTMSNT
County Manager Eller explained some of the pro::>lems involved with the following
bids received on vehicles for the Sheriff's Departrn,=nt. He stated that the bids from
Cape Fear Motor Sales and Harris Pontiac contained ,=xceptions to the specifications and
that the low bidders were Port City Chrysler-Plymout.h for the full size cars and Harris
Pontiac for the intermediate size cars.
COMPANY NAME
FULL SIZE CARS
INTERMEDIATE CARS
Hearne Lincoln-Mercury
Cape Fear Motor Sales
Port City Chrysler-Plymouth
D & E Car Exchange
Harris Pontiac
$ 5,658.26
5,128.97
5,178.60
5,302.00
5,164.97
$ 5,112.86
4,751. 67
4,759.35
4,782.37
4,456.87
Sheriff H. G. Grohman and Chief Deputy Jesse Blanton were present to offer their
comments and recommendations.
Mr. Bill Avery of Harris Pontiac appeared befo:ce the Board to comment on his
company's bid.
Comm. Alper moved, seconded by Comm. Taylor, to accept the Sheriff's recommendation
and award the bid for 7 full size cars to Port City Chrysler-Plymouth and the 4 inter-
mediate cars to Harris Pontiac. 'Upon vote, the motion carried unanimously.
APPROVAL OF LETTER OF INTENT TO FUND RS\lP
Mrs. Marcelle Austin, RSVP Director, and Mrs. Dolli Asbury, Director of Services
for the Aging, requested the Commissioners to furnish a letter of intent to fund RSVP
for Fiscal Year 1977/78 in the amount of $2,502 as they had to submit it with their
budget to ACTION before November 30.
Comm. Wright stated that since three members of the Board were up for election
tomorrow, it seemed that a letter of intent would not mean an awful lot from this Board.
Chrn. Davis moved, seconded by Comm. O'Shields, to furnish a letter of intent to
fund RSVP in the amount of $2,502 and that if the Board changed substantially, RSVP
would realize that they may have a problem.
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MINUTES OF REGULAR MEETING, NOVEMBER I, 1976 (CONTINUED)
APPROVAL OF LETTER OF INTENT TO FUND RSVP (CONTINUED)
Comm. Alper made a substitute motion that this Boa.rd simply write a letter of
intent. The motion died for lack of a second. '
Upon vote, Chm. Davis' motion carried as follows:
Voting Aye: Comm. Alper, O'Shields, Taylor and Chm. Davis
Voting Noe: Comm. Wright
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APPROVAL OF LEAA GRANT APPLICATION - REGIONAL TRAINING
County Manager Eller explained that this grant provided reimbursement for training
deputies and the $1,426 matching funds was the amount that was budgeted.
Comm. Alper moved, seconded by Comm. Taylor, approval of the Resolution authorizing
the application. Upon vote, the motion carried unanimously.
A copy of the Resolution is on file in the County Manager's Office.
SALE OF SURPLUS COUNTY PROPERTY
The Commissioners were requested to declare the following items as surplus and
authorize them to be sold at public auction:
1. "New South Corn Mill:, belt drive, approximately 2' 10" x 4' 6" x 4' 8" high.
2. Rota Hoe, towed type
3. Farm Wagon, 4 wheel
4. Chain saw, two man type
5. Electric motor, 10 H. p:, 3 phase, 220 volts
6. Lot of miscellaneous items consisting of portions of farm machinery, light
fixtures, metal ladders, canvas covers.
7. 12 Hazel chain link map binders with plastic envelopes to accommodate 50
size 18 x 24 maps (from Register of Deeds Offi~e)
County Manager Eller stated, that the Finance Offic=r would also like to have per-
mission to sell to the highest bidder at the sale rather than bring the bids back to
the Commissioners for approval as the people would prob~bly want to pick up the items
purchased at the time of the sale.
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Comm. Taylor moved, seconded by Comm. Alper, to resolve to sell the surplus property
on the first Saturday in December and authorize the Fina,nce Officer to sell to the highest
bidder at the sale. Upon vote, the motion carried unanimously.
A copy of the Resolution is contained in Exhibit Book IV, Page 33.
ADDITION OF STREETS IN ARROWHEAD SUBDIVISION TO STATE SECONDARY ROAD SYSTEM
The County Engineer, Planning Department and Divis~on of Highways had completed
their investigations and all recommended the addition of the roads in Arrowhead Sub-
division to the State Secondary Road System. '
Comm~ Taylor moved, seconded by Comm. Alper, appro'val of the Resolution requesting
the addition to the State Secondary Road System of Indian Trail, Shawnee Trail, Tanbark
Drive, Wilderness Rd. and Stillwell Rd. in Arrowhead subdivision. Upon vote, the motion
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carried unanimously.
A copy of the Resolution is on file in the County l-1anager's Office.
PRESENTATION OF AUDIT REPORT FOR FISCAL YEAR ENDING JUNE: 30, 1976
The County Manager presented each of the Cornrnissio~ers a copy of the Audit Report
for Fiscal Year ending June 30, 1976, and reported that he and the Finance Officer
were both very pleased with the report and the outside (~uditors had reported that every-
thing was in order. He pointed out that some adjustmen~s would have to be made in the ~
Airport Fund and the Public Assistance Funds as a resulr of the audit. )
Attorney Taylor explained the reason for the asjus1:ment in the Airport Fund and
County Finance Officer, Felix Cooper, explained the adjllstment in the Public Assistance
Fund.
EXECUTIVE SESSION
Chm. Davis stated that he did not feel the matter t:o be discussed needed to be
handled in Executive Session.
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MINUTES OF REGULAR MEETING, NOVEMBER 1, 1976 (CONTrNUED)
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EXECUTIVE SESSION (CONTINUED) \
Comm. 0' Shields moved, sec~nded by Comm. Alpe,r, that the meeting be recessed
to Executive Session for Attorney/Client matters. Upon vote, the motion carried as
follows:
Voting Aye: Cornrn. Alper, O'Shields, Taylor and Wright
Voting Noe: Chrn. Davis
Chrn. Davis recessed the meeting to Executive :,ession at 10:55 o'clock a. m.
Chm. Davis reconvened the meeting to Public SE~ssion at 11: 05 0' clock a. m.
REAPPOINTMENT OF TED GLOD TO ZONING BOARD OF ADJUS~rMENT
Comm. Wright moved, seconded by Chm. Davis, that Mr. Ted Glod be reappointed to
the Zoning Board of Adjustment for another three-y(~ar term ending November 15, 1979.
Upon vote, the motion carried unanimously.
DISCUSSION ON SCHOOL BUDGET AMENDMENT
Cornrn. Wright questioned the explanation given in the letter from Dr. Bellamy on
the school budget amendment for the additional funds, in the amount of $1,151,15l.,
they had received from the State.
County Manager Eller explained the amendment as he understood it.
It was agreed by common consent to ask Dr. Bellamy and members of the School
Board to corne to the Commisqioners meeting on Novenber 15 to explain the amendment in
more detail.
Comm. Alper suggested that a Special Meeting he held with the School Board to
discuss this matter.
TERMS SET FOR COMMITTEE ON HANDICAPPED
County Manager Eller requested the Board to sot the length of the terms for the
Committee on Handicappe\l that they had appointed a1: the last meeting.
It was agreed that the terms would be for one year.
COMMENTS FROM C. G. BERRY
Mr. C. G. Berry appeared before the Board to offer his comments on the City of
Wilmington Police Department using space in the ne\l Law Enforcement Center and to
protest the $25 user fee imposed by the City on COlmty residents who use City parks.
ADJOURNMENT
Comm. Alper moved, seconded by Comm. O'ShieldB, that the meeting be adjourned.
Upon vote, the motion carried unanimously.
Chrn. Davis adjourned the meeting at 11:20 o'clock a. m.
Respectfully submitted,
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Alyce B. Brown
Clerk to the Board
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